IC 34-57-2
Chapter 2. Arbitration: Uniform Arbitration Act
IC 34-57-2-1 Written agreement to arbitrate; enforceability; exemptions from
chapter
Sec. 1. (a) A written agreement to submit to arbitration is valid,
and enforceable, an existing controversy or a controversy thereafter
arising is valid and enforceable, except upon such grounds as exist
at law or in equity for the revocation of any contract. If the parties to
such an agreement stipulate in writing, the agreement may be
enforced by designated third persons, who shall in such instances
have the same rights as a party under this chapter. This chapter also
applies to arbitration agreement between employers and employees
or between their respective representatives (unless otherwise
provided in the agreement).
(b) This chapter specifically exempts from its coverage all
consumer leases, sales, and loan contracts, as these terms are defined
in 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 of
limitations
Sec. 2. Arbitration shall be initiated by a written notice by either
party, mailed by registered or certified mail, or delivered to the other
party, briefly stating a claim, the grounds for the claim and the
amount or amounts. Issues shall be joined by written notice of
admissions or denials and any counterclaims or set-offs so mailed or
delivered. The statutes of limitations ceases to run from the time of
any 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 agreement
described in section 1 of this chapter, and the opposing party's refusal
to arbitrate, the court shall order the parties to proceed with
arbitration. Ten (10) days notice in writing of the hearing of such
application shall be served personally upon the party in default. If the
opposing party denies the existence of the agreement to arbitrate, the
court shall proceed summarily to the determination of the issue
raised without further pleading and shall order arbitration if found
for the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement to
arbitrate. Ten (10) days notice in writing of the hearing of the
application shall be served personally upon the party in default. Such
an issue, when in substantial and bona fide dispute, shall be forthwith
summarily determined without further pleadings and the stay ordered
if found for the moving party. If found for the opposing party, the
court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement
is involved in an action or proceeding pending in a court having
jurisdiction to hear applications under subsection (a), the application
shall be made in that action or proceeding. Otherwise and subject to
section 17 of this chapter, the application may be made in any court
with jurisdiction.
(d) Any action or proceeding involving an issue subject to
arbitration shall be stayed if an order for arbitration or an application
for an order for arbitration has been made under this section (or
IC 34-4-2-3 before its repeal), or, if the issue is severable, the stay
may be with respect to the issue only. When the application is made
in such an action or proceeding, the order for arbitration must include
such a stay.
(e) An order for arbitration shall not be refused on the ground that
the claim in issue lacks merit or bona fides or because any fault or
grounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between the
parties that are not subject to arbitration and that are the subject of
a pending action or special proceeding between the parties and that
a determination of such issues is likely to make the arbitration
unnecessary, the court may delay its order to arbitrate until the
determination of such other issues or until such earlier time as the
court specifies.
(g) On application the court may stay an arbitration proceeding on
a showing that the method of appointment of arbitrators is likely to
or has resulted in the appointment of a majority of arbitrators who
are partial or biased in some relevant respect. The court shall then
appoint one (1) or more arbitrators as provided in section 4 of this
chapter. 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 of
appointment of arbitrators, this method shall be followed. In the
absence of such an agreement, any method of appointment of
arbitrators agreed upon by the parties to the contract shall be
followed. When an arbitrator appointed fails or is unable to act, a
successor shall be appointed in the same manner as the original
appointment. If the method of appointment of arbitrators is not
specified 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 if
an arbitrator appointed fails or is unable to act and a successor has
not been appointed within a reasonable time, the court on application
of a party shall appoint one (1) or more arbitrators, who have all the
powers 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 a
majority unless otherwise provided by the agreement or by this
chapter. 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 hearing
and cause notification to the parties to be served personally or by
registered mail not less than thirty (30) days before the hearing.
Appearance at the hearing waives such notice. The arbitrators may
adjourn the hearing from time to time as necessary and, on request
of a party and for good cause, or upon their own motion may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award unless the parties consent to a later
date. The arbitrators may hear and determine the controversy upon
the evidence produced notwithstanding the failure of a party duly
notified to appear. The court on application may direct the arbitrators
to proceed promptly with the hearing and determination of the
controversy. Any party may require that the hearing be recorded in
a manner sufficient for appeal.
(b) The parties are entitled to be heard and to present any and all
evidence material to the controversy regardless of its admissibility
under judicial rules of evidence.
(c) The hearing shall be conducted by all the arbitrators but a
majority may determine any question and render a final award. If,
during the course of the hearing, an arbitrator for any reason ceases
to act, the remaining neutral arbitrator or neutral arbitrators may
continue 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 any
proceeding or hearing under this chapter. A waiver of the right to
representation 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 attendance
of witnesses and for the production of books, records, documents and
other evidence, and have authority to administer oaths. In matters
subject to arbitration between labor and management, neither party
may subpoena or obtain an order for the production of the financial
books, financial records, or documents pertaining to the income or
financial 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 enforcement
of subpoenas in a civil action.
(b) On application of a party, the arbitrators may order the
deposition of a witness to be taken for use as evidence, and not for
discovery, if the witness can not be subpoenaed or is unable to attend
the hearing. The deposition shall be taken in the manner prescribed
by law for the taking of depositions in civil actions.
(c) All provisions of law compelling a person under subpoena to
testify are applicable and enforceable upon application to the court.
(d) Fees for attendance as a witness are the same as for a witness
in 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 the
arbitrators concurring therein. It must include a determination of all
the questions submitted to the arbitrators, the decision of which is
necessary in order to determine the controversy. The arbitrators shall
deliver a copy to each party personally or by registered mail, or as
provided in the agreement.
(b) An award shall be made within the time fixed by the
agreement or, if not fixed, or, if not agreed upon, within a reasonable
time. The parties may extend the time in writing either before or after
the expiration of the time. A party waives the objection that an award
was not made within the time required unless the party notifies the
arbitrators of his objection before service of a signed copy of the
award 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 to
the court is pending under section 12, 13, or 14 of this chapter (or
IC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), on
submission to the arbitrators by the court under such conditions as
the court may order, the arbitrators may modify or correct the award
upon the grounds stated in section 14(a)(1) and 14(a)(3) of this
chapter, or for the purpose of clarifying the award. The application
shall be made within twenty (20) days after delivery of the award to
the applicant. Written notice thereof shall be given forthwith to the
opposing party, stating that the opposing party must serve his
objections thereto, if any, within ten (10) days from the notice. The
award so modified or corrected is subject to sections 12, 13, and 14
of 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 other
expenses, not including counsel fees, incurred in the conduct of the
arbitration, 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 court
shall confirm an award, unless within the time limits hereinafter
imposed grounds are urged for vacating or modifying or correcting
the award, in which case the court shall proceed as provided in
sections 13 and 14 of this chapter. Upon confirmation, the court shall
enter a judgment consistent with the award and cause such entry to
be 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 an
award where:
(1) the award was procured by corruption or fraud;
(2) there was evident partiality by an arbitrator appointed as a
neutral or corruption in any of the arbitrators or misconduct
prejudicing the rights of any party;
(3) the arbitrators exceeded their powers and the award can not
be corrected without affecting the merits of the decision upon
the controversy submitted;
(4) the arbitrators refused to postpone the hearing upon
sufficient cause being shown therefor or refused to hear
evidence material to the controversy or otherwise so conducted
the hearing, contrary to the provisions of section 6 of this
chapter, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was not
adversely determined in proceedings under section 3 of this
chapter (or IC 34-4-2-3 before its repeal), and the party did not
participate in the arbitration hearing without raising the
objection;
but the fact that the relief was such that it could not or would not be
granted by a court of law or equity is not ground for vacating or
refusing 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 undue
means, it shall be made within ninety (90) days after such grounds
are known or should have been known.
(c) In vacating the award on grounds other than stated in
subsection (a)(5), the court may order a rehearing before new
arbitrators chosen as provided in the agreement, or in the absence
thereof, 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 who
made the award or their successors appointed in accordance with
section 4 of this chapter. The time within which the agreement
requires the award to be made is applicable to the rehearing and
commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify
or 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 after
mailing of a copy of the award to the applicant, the court shall
modify or correct the award where:
(1) there was an evident miscalculation of figures or an evident
mistake in the description of any person, thing, or property
referred to in the award;
(2) the arbitrators have awarded upon a matter not submitted to
them and the award may be corrected without affecting the
merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the
merits of the controversy.
(b) If the application is granted, the court shall modify and correct
the award so as to effect its intent and shall confirm the award as so
modified and corrected. Otherwise, the court shall confirm the award
as made.
(c) An application to modify or correct an award may be joined in
the 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 correcting
award; costs
Sec. 15. Upon the granting of an order confirming, modifying, or
correcting an award, judgment, or decree shall be entered in
conformity therewith and be enforced as any other judgment or
decree. Costs of the application and of the proceedings subsequent
thereto, 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 court
under this chapter shall be by motion and shall be heard in the
manner and upon the notice provided by law or rule of court for the
making and hearing of motions. Unless the parties have agreed
otherwise, notice of an initial application for an order shall be served
in the manner provided by law for the service of a summons in civil
cases.
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. The
making of an agreement described in section 1 of this chapter
providing for arbitration in Indiana confers jurisdiction on the court
to enforce the agreement under and to enter judgment on an award
thereunder. 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 this
chapter, shall be made to the court in the county where the adverse
party resides or has a place of business or, if the adverse party has no
residence or place of business in this state, to the court of any county.
All subsequent applications shall be made to the court hearing the
initial 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 made
under section 3 of this chapter (or IC 34-4-2-3 before its
repeal);
(2) an order granting an application to stay arbitration made
under section 3(b) of this chapter (or IC 34-4-2-3(b) before its
repeal);
(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 of
this chapter (or IC 34-4-2 before its repeal).
(b) The appeal shall be taken in the manner and to the same extent
as 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 after
August 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 its
general purpose to make uniform the law of those states which enact
similar 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.
IC 34-57-2
Chapter 2. Arbitration: Uniform Arbitration Act
IC 34-57-2-1 Written agreement to arbitrate; enforceability; exemptions from
chapter
Sec. 1. (a) A written agreement to submit to arbitration is valid,
and enforceable, an existing controversy or a controversy thereafter
arising is valid and enforceable, except upon such grounds as exist
at law or in equity for the revocation of any contract. If the parties to
such an agreement stipulate in writing, the agreement may be
enforced by designated third persons, who shall in such instances
have the same rights as a party under this chapter. This chapter also
applies to arbitration agreement between employers and employees
or between their respective representatives (unless otherwise
provided in the agreement).
(b) This chapter specifically exempts from its coverage all
consumer leases, sales, and loan contracts, as these terms are defined
in 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 of
limitations
Sec. 2. Arbitration shall be initiated by a written notice by either
party, mailed by registered or certified mail, or delivered to the other
party, briefly stating a claim, the grounds for the claim and the
amount or amounts. Issues shall be joined by written notice of
admissions or denials and any counterclaims or set-offs so mailed or
delivered. The statutes of limitations ceases to run from the time of
any 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 agreement
described in section 1 of this chapter, and the opposing party's refusal
to arbitrate, the court shall order the parties to proceed with
arbitration. Ten (10) days notice in writing of the hearing of such
application shall be served personally upon the party in default. If the
opposing party denies the existence of the agreement to arbitrate, the
court shall proceed summarily to the determination of the issue
raised without further pleading and shall order arbitration if found
for the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement to
arbitrate. Ten (10) days notice in writing of the hearing of the
application shall be served personally upon the party in default. Such
an issue, when in substantial and bona fide dispute, shall be forthwith
summarily determined without further pleadings and the stay ordered
if found for the moving party. If found for the opposing party, the
court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement
is involved in an action or proceeding pending in a court having
jurisdiction to hear applications under subsection (a), the application
shall be made in that action or proceeding. Otherwise and subject to
section 17 of this chapter, the application may be made in any court
with jurisdiction.
(d) Any action or proceeding involving an issue subject to
arbitration shall be stayed if an order for arbitration or an application
for an order for arbitration has been made under this section (or
IC 34-4-2-3 before its repeal), or, if the issue is severable, the stay
may be with respect to the issue only. When the application is made
in such an action or proceeding, the order for arbitration must include
such a stay.
(e) An order for arbitration shall not be refused on the ground that
the claim in issue lacks merit or bona fides or because any fault or
grounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between the
parties that are not subject to arbitration and that are the subject of
a pending action or special proceeding between the parties and that
a determination of such issues is likely to make the arbitration
unnecessary, the court may delay its order to arbitrate until the
determination of such other issues or until such earlier time as the
court specifies.
(g) On application the court may stay an arbitration proceeding on
a showing that the method of appointment of arbitrators is likely to
or has resulted in the appointment of a majority of arbitrators who
are partial or biased in some relevant respect. The court shall then
appoint one (1) or more arbitrators as provided in section 4 of this
chapter. 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 of
appointment of arbitrators, this method shall be followed. In the
absence of such an agreement, any method of appointment of
arbitrators agreed upon by the parties to the contract shall be
followed. When an arbitrator appointed fails or is unable to act, a
successor shall be appointed in the same manner as the original
appointment. If the method of appointment of arbitrators is not
specified 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 if
an arbitrator appointed fails or is unable to act and a successor has
not been appointed within a reasonable time, the court on application
of a party shall appoint one (1) or more arbitrators, who have all the
powers 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 a
majority unless otherwise provided by the agreement or by this
chapter. 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 hearing
and cause notification to the parties to be served personally or by
registered mail not less than thirty (30) days before the hearing.
Appearance at the hearing waives such notice. The arbitrators may
adjourn the hearing from time to time as necessary and, on request
of a party and for good cause, or upon their own motion may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award unless the parties consent to a later
date. The arbitrators may hear and determine the controversy upon
the evidence produced notwithstanding the failure of a party duly
notified to appear. The court on application may direct the arbitrators
to proceed promptly with the hearing and determination of the
controversy. Any party may require that the hearing be recorded in
a manner sufficient for appeal.
(b) The parties are entitled to be heard and to present any and all
evidence material to the controversy regardless of its admissibility
under judicial rules of evidence.
(c) The hearing shall be conducted by all the arbitrators but a
majority may determine any question and render a final award. If,
during the course of the hearing, an arbitrator for any reason ceases
to act, the remaining neutral arbitrator or neutral arbitrators may
continue 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 any
proceeding or hearing under this chapter. A waiver of the right to
representation 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 attendance
of witnesses and for the production of books, records, documents and
other evidence, and have authority to administer oaths. In matters
subject to arbitration between labor and management, neither party
may subpoena or obtain an order for the production of the financial
books, financial records, or documents pertaining to the income or
financial 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 enforcement
of subpoenas in a civil action.
(b) On application of a party, the arbitrators may order the
deposition of a witness to be taken for use as evidence, and not for
discovery, if the witness can not be subpoenaed or is unable to attend
the hearing. The deposition shall be taken in the manner prescribed
by law for the taking of depositions in civil actions.
(c) All provisions of law compelling a person under subpoena to
testify are applicable and enforceable upon application to the court.
(d) Fees for attendance as a witness are the same as for a witness
in 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 the
arbitrators concurring therein. It must include a determination of all
the questions submitted to the arbitrators, the decision of which is
necessary in order to determine the controversy. The arbitrators shall
deliver a copy to each party personally or by registered mail, or as
provided in the agreement.
(b) An award shall be made within the time fixed by the
agreement or, if not fixed, or, if not agreed upon, within a reasonable
time. The parties may extend the time in writing either before or after
the expiration of the time. A party waives the objection that an award
was not made within the time required unless the party notifies the
arbitrators of his objection before service of a signed copy of the
award 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 to
the court is pending under section 12, 13, or 14 of this chapter (or
IC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), on
submission to the arbitrators by the court under such conditions as
the court may order, the arbitrators may modify or correct the award
upon the grounds stated in section 14(a)(1) and 14(a)(3) of this
chapter, or for the purpose of clarifying the award. The application
shall be made within twenty (20) days after delivery of the award to
the applicant. Written notice thereof shall be given forthwith to the
opposing party, stating that the opposing party must serve his
objections thereto, if any, within ten (10) days from the notice. The
award so modified or corrected is subject to sections 12, 13, and 14
of 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 other
expenses, not including counsel fees, incurred in the conduct of the
arbitration, 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 court
shall confirm an award, unless within the time limits hereinafter
imposed grounds are urged for vacating or modifying or correcting
the award, in which case the court shall proceed as provided in
sections 13 and 14 of this chapter. Upon confirmation, the court shall
enter a judgment consistent with the award and cause such entry to
be 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 an
award where:
(1) the award was procured by corruption or fraud;
(2) there was evident partiality by an arbitrator appointed as a
neutral or corruption in any of the arbitrators or misconduct
prejudicing the rights of any party;
(3) the arbitrators exceeded their powers and the award can not
be corrected without affecting the merits of the decision upon
the controversy submitted;
(4) the arbitrators refused to postpone the hearing upon
sufficient cause being shown therefor or refused to hear
evidence material to the controversy or otherwise so conducted
the hearing, contrary to the provisions of section 6 of this
chapter, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was not
adversely determined in proceedings under section 3 of this
chapter (or IC 34-4-2-3 before its repeal), and the party did not
participate in the arbitration hearing without raising the
objection;
but the fact that the relief was such that it could not or would not be
granted by a court of law or equity is not ground for vacating or
refusing 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 undue
means, it shall be made within ninety (90) days after such grounds
are known or should have been known.
(c) In vacating the award on grounds other than stated in
subsection (a)(5), the court may order a rehearing before new
arbitrators chosen as provided in the agreement, or in the absence
thereof, 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 who
made the award or their successors appointed in accordance with
section 4 of this chapter. The time within which the agreement
requires the award to be made is applicable to the rehearing and
commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify
or 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 after
mailing of a copy of the award to the applicant, the court shall
modify or correct the award where:
(1) there was an evident miscalculation of figures or an evident
mistake in the description of any person, thing, or property
referred to in the award;
(2) the arbitrators have awarded upon a matter not submitted to
them and the award may be corrected without affecting the
merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the
merits of the controversy.
(b) If the application is granted, the court shall modify and correct
the award so as to effect its intent and shall confirm the award as so
modified and corrected. Otherwise, the court shall confirm the award
as made.
(c) An application to modify or correct an award may be joined in
the 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 correcting
award; costs
Sec. 15. Upon the granting of an order confirming, modifying, or
correcting an award, judgment, or decree shall be entered in
conformity therewith and be enforced as any other judgment or
decree. Costs of the application and of the proceedings subsequent
thereto, 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 court
under this chapter shall be by motion and shall be heard in the
manner and upon the notice provided by law or rule of court for the
making and hearing of motions. Unless the parties have agreed
otherwise, notice of an initial application for an order shall be served
in the manner provided by law for the service of a summons in civil
cases.
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. The
making of an agreement described in section 1 of this chapter
providing for arbitration in Indiana confers jurisdiction on the court
to enforce the agreement under and to enter judgment on an award
thereunder. 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 this
chapter, shall be made to the court in the county where the adverse
party resides or has a place of business or, if the adverse party has no
residence or place of business in this state, to the court of any county.
All subsequent applications shall be made to the court hearing the
initial 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 made
under section 3 of this chapter (or IC 34-4-2-3 before its
repeal);
(2) an order granting an application to stay arbitration made
under section 3(b) of this chapter (or IC 34-4-2-3(b) before its
repeal);
(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 of
this chapter (or IC 34-4-2 before its repeal).
(b) The appeal shall be taken in the manner and to the same extent
as 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 after
August 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 its
general purpose to make uniform the law of those states which enact
similar 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.
IC 34-57-2
Chapter 2. Arbitration: Uniform Arbitration Act
IC 34-57-2-1 Written agreement to arbitrate; enforceability; exemptions from
chapter
Sec. 1. (a) A written agreement to submit to arbitration is valid,
and enforceable, an existing controversy or a controversy thereafter
arising is valid and enforceable, except upon such grounds as exist
at law or in equity for the revocation of any contract. If the parties to
such an agreement stipulate in writing, the agreement may be
enforced by designated third persons, who shall in such instances
have the same rights as a party under this chapter. This chapter also
applies to arbitration agreement between employers and employees
or between their respective representatives (unless otherwise
provided in the agreement).
(b) This chapter specifically exempts from its coverage all
consumer leases, sales, and loan contracts, as these terms are defined
in 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 of
limitations
Sec. 2. Arbitration shall be initiated by a written notice by either
party, mailed by registered or certified mail, or delivered to the other
party, briefly stating a claim, the grounds for the claim and the
amount or amounts. Issues shall be joined by written notice of
admissions or denials and any counterclaims or set-offs so mailed or
delivered. The statutes of limitations ceases to run from the time of
any 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 agreement
described in section 1 of this chapter, and the opposing party's refusal
to arbitrate, the court shall order the parties to proceed with
arbitration. Ten (10) days notice in writing of the hearing of such
application shall be served personally upon the party in default. If the
opposing party denies the existence of the agreement to arbitrate, the
court shall proceed summarily to the determination of the issue
raised without further pleading and shall order arbitration if found
for the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding
commenced or threatened on a showing that there is no agreement to
arbitrate. Ten (10) days notice in writing of the hearing of the
application shall be served personally upon the party in default. Such
an issue, when in substantial and bona fide dispute, shall be forthwith
summarily determined without further pleadings and the stay ordered
if found for the moving party. If found for the opposing party, the
court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement
is involved in an action or proceeding pending in a court having
jurisdiction to hear applications under subsection (a), the application
shall be made in that action or proceeding. Otherwise and subject to
section 17 of this chapter, the application may be made in any court
with jurisdiction.
(d) Any action or proceeding involving an issue subject to
arbitration shall be stayed if an order for arbitration or an application
for an order for arbitration has been made under this section (or
IC 34-4-2-3 before its repeal), or, if the issue is severable, the stay
may be with respect to the issue only. When the application is made
in such an action or proceeding, the order for arbitration must include
such a stay.
(e) An order for arbitration shall not be refused on the ground that
the claim in issue lacks merit or bona fides or because any fault or
grounds for the claim sought to be arbitrated have not been shown.
(f) If the court determines that there are other issues between the
parties that are not subject to arbitration and that are the subject of
a pending action or special proceeding between the parties and that
a determination of such issues is likely to make the arbitration
unnecessary, the court may delay its order to arbitrate until the
determination of such other issues or until such earlier time as the
court specifies.
(g) On application the court may stay an arbitration proceeding on
a showing that the method of appointment of arbitrators is likely to
or has resulted in the appointment of a majority of arbitrators who
are partial or biased in some relevant respect. The court shall then
appoint one (1) or more arbitrators as provided in section 4 of this
chapter. 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 of
appointment of arbitrators, this method shall be followed. In the
absence of such an agreement, any method of appointment of
arbitrators agreed upon by the parties to the contract shall be
followed. When an arbitrator appointed fails or is unable to act, a
successor shall be appointed in the same manner as the original
appointment. If the method of appointment of arbitrators is not
specified 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 if
an arbitrator appointed fails or is unable to act and a successor has
not been appointed within a reasonable time, the court on application
of a party shall appoint one (1) or more arbitrators, who have all the
powers 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 a
majority unless otherwise provided by the agreement or by this
chapter. 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 hearing
and cause notification to the parties to be served personally or by
registered mail not less than thirty (30) days before the hearing.
Appearance at the hearing waives such notice. The arbitrators may
adjourn the hearing from time to time as necessary and, on request
of a party and for good cause, or upon their own motion may
postpone the hearing to a time not later than the date fixed by the
agreement for making the award unless the parties consent to a later
date. The arbitrators may hear and determine the controversy upon
the evidence produced notwithstanding the failure of a party duly
notified to appear. The court on application may direct the arbitrators
to proceed promptly with the hearing and determination of the
controversy. Any party may require that the hearing be recorded in
a manner sufficient for appeal.
(b) The parties are entitled to be heard and to present any and all
evidence material to the controversy regardless of its admissibility
under judicial rules of evidence.
(c) The hearing shall be conducted by all the arbitrators but a
majority may determine any question and render a final award. If,
during the course of the hearing, an arbitrator for any reason ceases
to act, the remaining neutral arbitrator or neutral arbitrators may
continue 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 any
proceeding or hearing under this chapter. A waiver of the right to
representation 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 attendance
of witnesses and for the production of books, records, documents and
other evidence, and have authority to administer oaths. In matters
subject to arbitration between labor and management, neither party
may subpoena or obtain an order for the production of the financial
books, financial records, or documents pertaining to the income or
financial 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 enforcement
of subpoenas in a civil action.
(b) On application of a party, the arbitrators may order the
deposition of a witness to be taken for use as evidence, and not for
discovery, if the witness can not be subpoenaed or is unable to attend
the hearing. The deposition shall be taken in the manner prescribed
by law for the taking of depositions in civil actions.
(c) All provisions of law compelling a person under subpoena to
testify are applicable and enforceable upon application to the court.
(d) Fees for attendance as a witness are the same as for a witness
in 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 the
arbitrators concurring therein. It must include a determination of all
the questions submitted to the arbitrators, the decision of which is
necessary in order to determine the controversy. The arbitrators shall
deliver a copy to each party personally or by registered mail, or as
provided in the agreement.
(b) An award shall be made within the time fixed by the
agreement or, if not fixed, or, if not agreed upon, within a reasonable
time. The parties may extend the time in writing either before or after
the expiration of the time. A party waives the objection that an award
was not made within the time required unless the party notifies the
arbitrators of his objection before service of a signed copy of the
award 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 to
the court is pending under section 12, 13, or 14 of this chapter (or
IC 34-4-2-12, IC 34-4-2-13, or IC 34-4-2-14 before their repeal), on
submission to the arbitrators by the court under such conditions as
the court may order, the arbitrators may modify or correct the award
upon the grounds stated in section 14(a)(1) and 14(a)(3) of this
chapter, or for the purpose of clarifying the award. The application
shall be made within twenty (20) days after delivery of the award to
the applicant. Written notice thereof shall be given forthwith to the
opposing party, stating that the opposing party must serve his
objections thereto, if any, within ten (10) days from the notice. The
award so modified or corrected is subject to sections 12, 13, and 14
of 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 other
expenses, not including counsel fees, incurred in the conduct of the
arbitration, 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 court
shall confirm an award, unless within the time limits hereinafter
imposed grounds are urged for vacating or modifying or correcting
the award, in which case the court shall proceed as provided in
sections 13 and 14 of this chapter. Upon confirmation, the court shall
enter a judgment consistent with the award and cause such entry to
be 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 an
award where:
(1) the award was procured by corruption or fraud;
(2) there was evident partiality by an arbitrator appointed as a
neutral or corruption in any of the arbitrators or misconduct
prejudicing the rights of any party;
(3) the arbitrators exceeded their powers and the award can not
be corrected without affecting the merits of the decision upon
the controversy submitted;
(4) the arbitrators refused to postpone the hearing upon
sufficient cause being shown therefor or refused to hear
evidence material to the controversy or otherwise so conducted
the hearing, contrary to the provisions of section 6 of this
chapter, as to prejudice substantially the rights of a party; or
(5) there was no arbitration agreement and the issue was not
adversely determined in proceedings under section 3 of this
chapter (or IC 34-4-2-3 before its repeal), and the party did not
participate in the arbitration hearing without raising the
objection;
but the fact that the relief was such that it could not or would not be
granted by a court of law or equity is not ground for vacating or
refusing 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 undue
means, it shall be made within ninety (90) days after such grounds
are known or should have been known.
(c) In vacating the award on grounds other than stated in
subsection (a)(5), the court may order a rehearing before new
arbitrators chosen as provided in the agreement, or in the absence
thereof, 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 who
made the award or their successors appointed in accordance with
section 4 of this chapter. The time within which the agreement
requires the award to be made is applicable to the rehearing and
commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify
or 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 after
mailing of a copy of the award to the applicant, the court shall
modify or correct the award where:
(1) there was an evident miscalculation of figures or an evident
mistake in the description of any person, thing, or property
referred to in the award;
(2) the arbitrators have awarded upon a matter not submitted to
them and the award may be corrected without affecting the
merits of the decision upon the issues submitted; or
(3) the award is imperfect in a matter of form, not affecting the
merits of the controversy.
(b) If the application is granted, the court shall modify and correct
the award so as to effect its intent and shall confirm the award as so
modified and corrected. Otherwise, the court shall confirm the award
as made.
(c) An application to modify or correct an award may be joined in
the 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 correcting
award; costs
Sec. 15. Upon the granting of an order confirming, modifying, or
correcting an award, judgment, or decree shall be entered in
conformity therewith and be enforced as any other judgment or
decree. Costs of the application and of the proceedings subsequent
thereto, 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 court
under this chapter shall be by motion and shall be heard in the
manner and upon the notice provided by law or rule of court for the
making and hearing of motions. Unless the parties have agreed
otherwise, notice of an initial application for an order shall be served
in the manner provided by law for the service of a summons in civil
cases.
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. The
making of an agreement described in section 1 of this chapter
providing for arbitration in Indiana confers jurisdiction on the court
to enforce the agreement under and to enter judgment on an award
thereunder. 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 this
chapter, shall be made to the court in the county where the adverse
party resides or has a place of business or, if the adverse party has no
residence or place of business in this state, to the court of any county.
All subsequent applications shall be made to the court hearing the
initial 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 made
under section 3 of this chapter (or IC 34-4-2-3 before its
repeal);
(2) an order granting an application to stay arbitration made
under section 3(b) of this chapter (or IC 34-4-2-3(b) before its
repeal);
(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 of
this chapter (or IC 34-4-2 before its repeal).
(b) The appeal shall be taken in the manner and to the same extent
as 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 after
August 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 its
general purpose to make uniform the law of those states which enact
similar 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.
