CHAPTER 2. ARBITRATION: UNIFORM ARBITRATION ACT
IC 34-57-2
Chapter 2. Arbitration: Uniform Arbitration Act
IC 34-57-2-1
Written agreement to arbitrate; enforceability; exemptions fromchapter
Sec. 1. (a) A written agreement to submit to arbitration is valid,and enforceable, an existing controversy or a controversy thereafterarising is valid and enforceable, except upon such grounds as existat law or in equity for the revocation of any contract. If the parties tosuch an agreement stipulate in writing, the agreement may beenforced by designated third persons, who shall in such instanceshave the same rights as a party under this chapter. This chapter alsoapplies to arbitration agreement between employers and employeesor between their respective representatives (unless otherwiseprovided in the agreement).
(b) This chapter specifically exempts from its coverage allconsumer leases, sales, and loan contracts, as these terms are definedin the Uniform Consumer Credit Code (IC 24-4.5).
As added by P.L.1-1998, SEC.53.
IC 34-57-2-2
Commencement of arbitration; procedure; tolling statute oflimitations
Sec. 2. Arbitration shall be initiated by a written notice by eitherparty, mailed by registered or certified mail, or delivered to the otherparty, briefly stating a claim, the grounds for the claim and theamount or amounts. Issues shall be joined by written notice ofadmissions or denials and any counterclaims or set-offs so mailed ordelivered. The statutes of limitations ceases to run from the time ofany notice of claim or counterclaim.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-3
Order to commence arbitration; stay of arbitration proceedings;procedure
Sec. 3. (a) On application of a party showing an agreementdescribed in section 1 of this chapter, and the opposing party's refusalto arbitrate, the court shall order the parties to proceed witharbitration. Ten (10) days notice in writing of the hearing of suchapplication shall be served personally upon the party in default. If theopposing party denies the existence of the agreement to arbitrate, thecourt shall proceed summarily to the determination of the issueraised without further pleading and shall order arbitration if foundfor the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceedingcommenced or threatened on a showing that there is no agreement toarbitrate. Ten (10) days notice in writing of the hearing of theapplication shall be served personally upon the party in default. Suchan issue, when in substantial and bona fide dispute, shall be forthwith
summarily determined without further pleadings and the stay orderedif found for the moving party. If found for the opposing party, thecourt shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreementis involved in an action or proceeding pending in a court havingjurisdiction to hear applications under subsection (a), the applicationshall be made in that action or proceeding. Otherwise and subject tosection 17 of this chapter, the application may be made in any courtwith jurisdiction.
(d) Any action or proceeding involving an issue subject toarbitration shall be stayed if an order for arbitration or an applicationfor an order for arbitration has been made under this section (orIC 34-4-2-3 before its repeal), or, if the issue is severable, the staymay be with respect to the issue only. When the application is madein such an action or proceeding, the order for arbitration must includesuch a stay.
(e) An order for arbitration shall not be refused on the ground thatthe claim in issue lacks merit or bona fides or because any fault orgrounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between theparties that are not subject to arbitration and that are the subject ofa pending action or special proceeding between the parties and thata determination of such issues is likely to make the arbitrationunnecessary, the court may delay its order to arbitrate until thedetermination of such other issues or until such earlier time as thecourt specifies.
(g) On application the court may stay an arbitration proceeding ona showing that the method of appointment of arbitrators is likely toor has resulted in the appointment of a majority of arbitrators whoare partial or biased in some relevant respect. The court shall thenappoint one (1) or more arbitrators as provided in section 4 of thischapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-4
Appointment of arbitrators by agreement or by court
Sec. 4. If the arbitration agreement provides a method ofappointment of arbitrators, this method shall be followed. In theabsence of such an agreement, any method of appointment ofarbitrators agreed upon by the parties to the contract shall befollowed. When an arbitrator appointed fails or is unable to act, asuccessor shall be appointed in the same manner as the originalappointment. If the method of appointment of arbitrators is notspecified in the agreement and can not be agreed upon by the parties,or if agreed method fails or for any reason can not be followed, or ifan arbitrator appointed fails or is unable to act and a successor hasnot been appointed within a reasonable time, the court on applicationof a party shall appoint one (1) or more arbitrators, who have all thepowers of an arbitrator appointed according to the agreement.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-5
Powers of arbitrators exercised by majority
Sec. 5. The powers of the arbitrators may be exercised by amajority unless otherwise provided by the agreement or by thischapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-6
Hearings; time and place; notice; procedure
Sec. 6. Unless otherwise provided by the agreement:
(a) The arbitrators shall appoint a time and place for the hearingand cause notification to the parties to be served personally or byregistered mail not less than thirty (30) days before the hearing.Appearance at the hearing waives such notice. The arbitrators mayadjourn the hearing from time to time as necessary and, on requestof a party and for good cause, or upon their own motion maypostpone the hearing to a time not later than the date fixed by theagreement for making the award unless the parties consent to a laterdate. The arbitrators may hear and determine the controversy uponthe evidence produced notwithstanding the failure of a party dulynotified to appear. The court on application may direct the arbitratorsto proceed promptly with the hearing and determination of thecontroversy. Any party may require that the hearing be recorded ina manner sufficient for appeal.
(b) The parties are entitled to be heard and to present any and allevidence material to the controversy regardless of its admissibilityunder judicial rules of evidence.
(c) The hearing shall be conducted by all the arbitrators but amajority may determine any question and render a final award. If,during the course of the hearing, an arbitrator for any reason ceasesto act, the remaining neutral arbitrator or neutral arbitrators maycontinue with the hearing and determination of the controversy.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-7
Right to representation by attorney
Sec. 7. A party is entitled to be represented by an attorney at anyproceeding or hearing under this chapter. A waiver of the right torepresentation before the proceeding or hearing is ineffective.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-8
Subpoenas for witnesses or documents; depositions; witness fees
Sec. 8. (a) The arbitrators may issue subpoenas for the attendanceof witnesses and for the production of books, records, documents andother evidence, and have authority to administer oaths. In matterssubject to arbitration between labor and management, neither partymay subpoena or obtain an order for the production of the financialbooks, financial records, or documents pertaining to the income orfinancial condition of the other party. Subpoenas so issued shall be
served, and upon application to the court by a party or the arbitrators,enforced, in manner provided by law for the service and enforcementof subpoenas in a civil action.
(b) On application of a party, the arbitrators may order thedeposition of a witness to be taken for use as evidence, and not fordiscovery, if the witness can not be subpoenaed or is unable to attendthe hearing. The deposition shall be taken in the manner prescribedby law for the taking of depositions in civil actions.
(c) All provisions of law compelling a person under subpoena totestify are applicable and enforceable upon application to the court.
(d) Fees for attendance as a witness are the same as for a witnessin the superior court.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-9
Award; form and copies
Sec. 9. (a) The award must be in writing and signed by thearbitrators concurring therein. It must include a determination of allthe questions submitted to the arbitrators, the decision of which isnecessary in order to determine the controversy. The arbitrators shalldeliver a copy to each party personally or by registered mail, or asprovided in the agreement.
(b) An award shall be made within the time fixed by theagreement or, if not fixed, or, if not agreed upon, within a reasonabletime. The parties may extend the time in writing either before or afterthe expiration of the time. A party waives the objection that an awardwas not made within the time required unless the party notifies thearbitrators of his objection before service of a signed copy of theaward on the party.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-10
Modification or correction of award; procedure
Sec. 10. On written application of a party or, if an application tothe court is pending under section 12, 13, or 14 of this chapter (orIC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), onsubmission to the arbitrators by the court under such conditions asthe court may order, the arbitrators may modify or correct the awardupon the grounds stated in section 14(a)(1) and 14(a)(3) of thischapter, or for the purpose of clarifying the award. The applicationshall be made within twenty (20) days after delivery of the award tothe applicant. Written notice thereof shall be given forthwith to theopposing party, stating that the opposing party must serve hisobjections thereto, if any, within ten (10) days from the notice. Theaward so modified or corrected is subject to sections 12, 13, and 14of this chapter.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-11
Fees and expenses of arbitration Sec. 11. The arbitrators' expenses and fees, together with otherexpenses, not including counsel fees, incurred in the conduct of thearbitration, shall be paid as provided in the award.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-12
Confirmation of award by court
Sec. 12. Upon application of a party, but not before ninety (90)days after the mailing of a copy of the award to the parties, the courtshall confirm an award, unless within the time limits hereinafterimposed grounds are urged for vacating or modifying or correctingthe award, in which case the court shall proceed as provided insections 13 and 14 of this chapter. Upon confirmation, the court shallenter a judgment consistent with the award and cause such entry tobe docketed as if rendered in an action in the court.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-13
Vacation of award by court; procedure
Sec. 13. (a) Upon application of a party, the court shall vacate anaward where:
(1) the award was procured by corruption or fraud;
(2) there was evident partiality by an arbitrator appointed as aneutral or corruption in any of the arbitrators or misconductprejudicing the rights of any party;
(3) the arbitrators exceeded their powers and the award can notbe corrected without affecting the merits of the decision uponthe controversy submitted;
(4) the arbitrators refused to postpone the hearing uponsufficient cause being shown therefor or refused to hearevidence material to the controversy or otherwise so conductedthe hearing, contrary to the provisions of section 6 of thischapter, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was notadversely determined in proceedings under section 3 of thischapter (or IC 34-4-2-3 before its repeal), and the party did notparticipate in the arbitration hearing without raising theobjection;
but the fact that the relief was such that it could not or would not begranted by a court of law or equity is not ground for vacating orrefusing to confirm the award.
(b) An application under this section shall be made within ninety(90) days after the mailing of a copy of the award to the applicant,except that, if predicated upon corruption or fraud or other unduemeans, it shall be made within ninety (90) days after such groundsare known or should have been known.
(c) In vacating the award on grounds other than stated insubsection (a)(5), the court may order a rehearing before newarbitrators chosen as provided in the agreement, or in the absencethereof, by the court in accordance with section 4 of this chapter, or,
if the award is vacated on grounds set forth in subsection (a)(3) or(a)(4), the court may order a rehearing before the arbitrators whomade the award or their successors appointed in accordance withsection 4 of this chapter. The time within which the agreementrequires the award to be made is applicable to the rehearing andcommences from the date of the order.
(d) If the application to vacate is denied and no motion to modifyor correct the award is pending, the court shall confirm the award.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-14
Modification or correction of award by court; procedure
Sec. 14. (a) Upon application made within ninety (90) days aftermailing of a copy of the award to the applicant, the court shallmodify or correct the award where:
(1) there was an evident miscalculation of figures or an evidentmistake in the description of any person, thing, or propertyreferred to in the award;
(2) the arbitrators have awarded upon a matter not submitted tothem and the award may be corrected without affecting themerits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting themerits of the controversy.
(b) If the application is granted, the court shall modify and correctthe award so as to effect its intent and shall confirm the award as somodified and corrected. Otherwise, the court shall confirm the awardas made.
(c) An application to modify or correct an award may be joined inthe alternative with an application to vacate the award.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-15
Entry of judgment or decree confirming, modifying, or correctingaward; costs
Sec. 15. Upon the granting of an order confirming, modifying, orcorrecting an award, judgment, or decree shall be entered inconformity therewith and be enforced as any other judgment ordecree. Costs of the application and of the proceedings subsequentthereto, and disbursements may be awarded by the court.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-16
Applications to court
Sec. 16. Except as otherwise provided, an application to the courtunder this chapter shall be by motion and shall be heard in themanner and upon the notice provided by law or rule of court for themaking and hearing of motions. Unless the parties have agreedotherwise, notice of an initial application for an order shall be servedin the manner provided by law for the service of a summons in civilcases.As added by P.L.1-1998, SEC.53.
IC 34-57-2-17
"Court" defined; jurisdiction
Sec. 17. The term "court" means any circuit or superior court. Themaking of an agreement described in section 1 of this chapterproviding for arbitration in Indiana confers jurisdiction on the courtto enforce the agreement under and to enter judgment on an awardthereunder.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-18
Application; proper court
Sec. 18. An application, as provided for in section 3(a) of thischapter, shall be made to the court in the county where the adverseparty resides or has a place of business or, if the adverse party has noresidence or place of business in this state, to the court of any county.All subsequent applications shall be made to the court hearing theinitial application unless the court otherwise directs.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-19
Appeals authorized; procedure
Sec. 19. (a) An appeal may be taken from:
(1) an order denying an application to compel arbitration madeunder section 3 of this chapter (or IC 34-4-2-3 before itsrepeal);
(2) an order granting an application to stay arbitration madeunder section 3(b) of this chapter (or IC 34-4-2-3(b) before itsrepeal);
(3) an order confirming or denying confirmation of an award;
(4) an order modifying or correcting an award;
(5) an order vacating an award without directing a rehearing; or
(6) a judgment or decree entered pursuant to the provisions ofthis chapter (or IC 34-4-2 before its repeal).
(b) The appeal shall be taken in the manner and to the same extentas from orders or judgments in a civil action.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-20
Applicability of chapter
Sec. 20. This chapter applies only to agreements made afterAugust 18, 1969.
As added by P.L.1-1998, SEC.53.
IC 34-57-2-21
Construction of chapter
Sec. 21. This chapter shall be so construed as to effectuate itsgeneral purpose to make uniform the law of those states which enactsimilar arbitration statutes.As added by P.L.1-1998, SEC.53.
IC 34-57-2-22
Short title
Sec. 22. This chapter may be cited as the Uniform Arbitration Act.
As added by P.L.1-1998, SEC.53.