§658D-4 - Scope.
[§658D-4] Scope. (a) This chapter
shall apply only to the arbitration, mediation, or conciliation of disputes
between:
(1) Two or more persons at least one of whom is a
nonresident of the United States; or
(2) Two or more persons all of whom are residents of
the United States if the dispute:
(i) Involves property located outside the
United States;
(ii) Relates to a contract which envisages
enforcement or performance in whole or in part outside the United States; or
(iii) Bears some other relation to one or more
foreign countries.
(b) Notwithstanding subsection (a), this
chapter shall not apply to the arbitration, mediation, or conciliation of:
(1) Any dispute pertaining to the ownership, use,
development, or possession of, or a lien of record upon, real property located
in this State, unless the parties in writing expressly submit the resolution of
that dispute to this chapter; or
(2) Any dispute involving domestic (family)
relations.
(c) If in any arbitration within the scope of
this chapter reference must, under applicable conflict of laws principles, be
made to the arbitration law of this State, such reference shall be to this
chapter.
(d) This chapter shall apply to any
arbitration within the scope of this chapter, without regard to whether the
place of arbitration is within or without this State:
(1) If the written undertaking to arbitrate expressly
provides that the law of this State shall apply; or
(2) In the absence of a choice of law provision
applicable to the written undertaking to arbitrate, if that undertaking forms
part of a contract the interpretation of which is to be governed by the laws of
this State; or
(3) In any other case, any arbitral tribunal or other
panel established pursuant to section 658D-7 below decides under applicable
conflict of laws principles that the arbitration shall be conducted in
accordance with the laws of this State. [L 1988, c 186, pt of §1]