Enrolled HB 83: Adopting a version of the Revised Uniform Arbitration Act; relating to the state's existing Uniform Arbitration Act; amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402, Alaska Rules of Appellate Procedure; and providing for an effective date.
00Enrolled HB 83 01 Adopting a version of the Revised Uniform Arbitration Act; relating to the state's existing 02 Uniform Arbitration Act; amending Rules 3, 18, 19, 20, and 21, Alaska Rules of Civil 03 Procedure, Rule 601, Alaska Rules of Evidence, and Rule 402, Alaska Rules of Appellate 04 Procedure; and providing for an effective date. 05 _______________ 06 * Section 1. AS 09.43.010 is amended by adding a new subsection to read: 07 (b) Notwithstanding (a) of this section, AS 09.43.010 - 09.43.180 do not apply 08 to an agreement or a contract unless the agreement or contract is entered into before 09 the effective date of AS 09.43.300 - 09.43.595 and is not otherwise subject to 10 AS 09.43.300 - 09.43.595. 11 * Sec. 2. AS 09.43 is amended by adding new sections to read: 12 Article 3. Revised Uniform Arbitration Act. 13 Sec. 09.43.300. Application. (a) AS 09.43.300 - 09.43.595 govern an 14 agreement to arbitrate made on or after January 1, 2005.
01 (b) AS 09.43.300 - 09.43.595 govern an agreement to arbitrate made before 02 January 1, 2005, if all the parties to the agreement or to the arbitration proceeding 03 agree in a record that AS 09.43.300 - 09.43.595 govern the agreement. 04 (c) Except as provided by (d) of this section, AS 09.43.300 - 09.43.595 do not 05 apply to a labor-management contract unless they are incorporated into the contract or 06 their application is provided for by contract. 07 (d) AS 09.43.300 - 09.43.595 do not apply to a collective bargaining 08 agreement subject to AS 23.40.070 - 23.40.260, except as provided by AS 23.40.070 - 09 23.40.260. 10 Sec. 09.43.310. Effect of agreement to arbitrate; nonwaivable provisions. 11 (a) Except as otherwise provided in (b) and (c) of this section, a party to an agreement 12 to arbitrate or arbitration proceeding may waive, or the parties may vary the effect of, 13 the requirements of AS 09.43.300 - 09.43.595 to the extent permitted by law. 14 (b) Before a controversy arises that is subject to an agreement to arbitrate, a 15 party to the agreement may not 16 (1) waive or agree to vary the effect of the requirements of 17 AS 09.43.320, 09.43.330(a) or (b), 09.43.350, 09.43.440(a) or (b), 09.43.530, or 18 09.43.550; 19 (2) agree to unreasonably restrict the right under AS 09.43.360 to 20 notice of the initiation of an arbitration proceeding; 21 (3) agree to unreasonably restrict the right under AS 09.43.390 to 22 disclosure of any facts by a neutral arbitrator; or 23 (4) waive the right under AS 09.43.430 of a party to an agreement to 24 arbitrate to be represented by an attorney at a proceeding or hearing under 25 AS 09.43.300 - 09.43.595, but an employer and a labor organization may waive the 26 right to representation by an attorney in a labor arbitration. 27 (c) A party to an agreement to arbitrate or arbitration proceeding may not 28 waive, or the parties may not vary the effect of, the requirements of this section, 29 AS 09.43.300(a), (c), or (d), 09.43.340, 09.43.410, 09.43.450, 09.43.470(d) or (e), 30 09.43.490, 09.43.500, 09.43.510, 09.43.520, 09.43.560, or 09.43.570. 31 Sec. 09.43.320. Application for judicial relief. Except as otherwise provided
01 in AS 09.43.550, an application for judicial relief under AS 09.43.300 - 09.43.595 02 shall be made and heard in the manner provided by the court rules of this state. 03 Sec. 09.43.330. Validity of agreement to arbitrate. (a) An agreement 04 contained in a record to submit to arbitration an existing or subsequent controversy 05 arising between the parties to the agreement is valid, enforceable, and irrevocable 06 except upon a ground that exists at law or in equity for the revocation of a contract, 07 and except as provided by (b) of this section. 08 (b) To the extent an agreement that contains an arbitration provision is 09 invalidated on the grounds that a party was induced into entering into the agreement 10 by fraud, the arbitration provision in the agreement is not enforceable, and the party is 11 not required to prove that the party was induced into entering into the arbitration 12 provision by fraud. 13 (c) The court shall decide whether an agreement to arbitrate exists or a 14 controversy is subject to an agreement to arbitrate. 15 (d) An arbitrator shall decide whether a condition precedent to arbitrability has 16 been fulfilled. 17 (e) If a party to a judicial proceeding challenges the existence of, or claims 18 that a controversy is not subject to, an agreement to arbitrate, the arbitration 19 proceeding may continue pending final resolution of the issue by the court, unless the 20 court otherwise orders. 21 Sec. 09.43.340. Application to compel arbitration; stay of related 22 proceedings. (a) On application of a person showing an agreement to arbitrate and 23 alleging another person's refusal to arbitrate under the agreement, 24 (1) if the refusing party does not appear or does not oppose the 25 application, the court shall order the parties to arbitrate; and 26 (2) if the refusing party opposes the application, the court shall proceed 27 summarily to decide the issue and order the parties to arbitrate unless it finds that there 28 is no enforceable agreement to arbitrate. 29 (b) On application of a person alleging that an arbitration proceeding has been 30 initiated or threatened but that there is not an agreement to arbitrate, the court shall 31 proceed summarily to decide the issue. If the court finds that there is an enforceable
01 agreement to arbitrate, the court shall order the parties to arbitrate. 02 (c) If the court finds that there is not an enforceable agreement, the court may 03 not, under (a) or (b) of this section, order the parties to arbitrate. 04 (d) The court may not refuse to order arbitration because the claim subject to 05 arbitration lacks merit or because grounds for the claim have not been established. 06 (e) If a proceeding involving a claim referable to arbitration under an alleged 07 agreement to arbitrate is pending in court, an application under this section shall be 08 made in that court. Otherwise, an application under this section may be made in any 09 court as provided in AS 09.43.540. 10 (f) If a party makes an application to the court to order arbitration, the court 11 shall, on just terms, stay a judicial proceeding that involves a claim alleged to be 12 subject to the arbitration until the court renders a final decision under this section. 13 (g) If the court orders arbitration, the court shall, on just terms, stay a judicial 14 proceeding that involves a claim subject to the arbitration. If a claim subject to the 15 arbitration is severable, the court may limit the stay to that claim. 16 Sec. 09.43.350. Provisional remedies. (a) Before an arbitrator is appointed 17 and is authorized and able to act, the court, upon application of a party to an 18 arbitration proceeding and for good cause shown, may enter an order for provisional 19 remedies to protect the effectiveness of the arbitration proceeding to the same extent 20 and under the same conditions as if the controversy were the subject of a civil action. 21 (b) After an arbitrator is appointed and is authorized and able to act, 22 (1) the arbitrator may issue the orders for provisional remedies, 23 including interim awards, that the arbitrator finds necessary to protect the 24 effectiveness of the arbitration proceeding and to promote the fair and expeditious 25 resolution of the controversy, to the same extent and under the same conditions as if 26 the controversy were the subject of a civil action; and 27 (2) a party to an arbitration proceeding may apply to the court for a 28 provisional remedy only if the matter is urgent and the arbitrator is not able to act 29 timely or the arbitrator cannot provide an adequate remedy. 30 (c) A party does not waive a right of arbitration by making an application 31 under (a) or (b) of this section.
01 Sec. 09.43.360. Initiation of arbitration. (a) A person initiates an arbitration 02 proceeding by giving notice in a record to the other parties to the agreement to 03 arbitrate in the agreed manner between the parties or, in the absence of agreement, by 04 certified or registered mail, return receipt requested and obtained, or by service as 05 authorized for the commencement of a civil action. The notice must describe the 06 nature of the controversy and the remedy sought. 07 (b) Unless a person objects for lack or insufficiency of notice under 08 AS 09.43.420(c) not later than the beginning of the arbitration hearing, the person, by 09 appearing at the hearing, waives any objection to lack or insufficiency of notice. 10 Sec. 09.43.370. Consolidation of separate arbitration proceedings. (a) 11 Except as otherwise provided in (c) of this section, upon application of a party to an 12 agreement to arbitrate or arbitration proceeding, the court may order consolidation of 13 separate arbitration proceedings as to all or some of the claims if 14 (1) there are separate agreements to arbitrate or separate arbitration 15 proceedings between the same persons or one of them is a party to a separate 16 agreement to arbitrate or a separate arbitration proceeding with a third person; 17 (2) the claims subject to the agreements to arbitrate arise in substantial 18 part from the same transaction or series of related transactions; 19 (3) the existence of a common issue of law or fact creates the 20 possibility of conflicting decisions in the separate arbitration proceedings; and 21 (4) prejudice resulting from a failure to consolidate is not outweighed 22 by the risk of undue delay or prejudice to the rights of or hardship to parties opposing 23 consolidation. 24 (b) The court may order consolidation of separate arbitration proceedings as to 25 some claims and allow other claims to be resolved in separate arbitration proceedings. 26 (c) The court may not order consolidation of the claims of a party to an 27 agreement to arbitrate if the agreement prohibits consolidation. 28 Sec. 09.43.380. Appointment of arbitrator; service as a neutral arbitrator. 29 (a) If the parties to an agreement to arbitrate agree on a method for appointing an 30 arbitrator, that method shall be followed, unless the method fails. If the parties have 31 not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is
01 unable to act and a successor has not been appointed, the court, on application of a 02 party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed 03 by the court has all the powers of an arbitrator designated in the agreement to arbitrate 04 or appointed under the agreed method. 05 (b) An individual who has a known, direct, and material interest in the 06 outcome of the arbitration proceeding or a known, existing, and substantial 07 relationship with a party may not serve as an arbitrator required by an agreement to be 08 neutral. 09 Sec. 09.43.390. Disclosure by arbitrator. (a) Before accepting appointment, 10 an individual who is requested to serve as an arbitrator shall, after making a reasonable 11 inquiry, disclose to all parties to the agreement to arbitrate and arbitration proceeding 12 and to other arbitrators any known facts that a reasonable person would consider likely 13 to affect the impartiality of the arbitrator in the arbitration proceeding, including 14 (1) a financial or personal interest in the outcome of the arbitration 15 proceeding; and 16 (2) an existing or past relationship with a party to the agreement to 17 arbitrate or arbitration proceeding, counsel for or representatives of the parties, a 18 witness, or another arbitrator. 19 (b) An arbitrator has a continuing obligation to disclose to all parties to the 20 agreement to arbitrate and arbitration proceeding and to other arbitrators any facts that 21 the arbitrator learns after accepting appointment that a reasonable person would 22 consider likely to affect the impartiality of the arbitrator. 23 (c) If an arbitrator discloses a fact required by (a) or (b) of this section to be 24 disclosed and a party timely objects to the appointment or continued service of the 25 arbitrator based on the fact disclosed, the objection may be a ground under 26 AS 09.43.500(a)(2) for vacating an award made by the arbitrator. 27 (d) If the arbitrator did not disclose a fact as required by (a) or (b) of this 28 section, upon timely objection by a party, the court may, under AS 09.43.500(a)(2), 29 vacate an award. 30 (e) An arbitrator appointed as a neutral arbitrator who does not disclose a 31 known, direct, and material interest in the outcome of the arbitration proceeding or a
01 known, existing, and substantial relationship with a party is rebuttably presumed to act 02 with evident partiality under AS 09.43.500(a)(2). 03 (f) If the parties to an arbitration proceeding agree to the procedures of an 04 arbitration organization or other procedures for challenges to arbitrators before an 05 award is made, substantial compliance with those procedures is a condition precedent 06 to an application to vacate an award on that ground under AS 09.43.500(a)(2). 07 Sec. 09.43.400. Action by majority. If there is more than one arbitrator, the 08 powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of 09 them shall conduct the hearing under AS 09.43.420(c). 10 Sec. 09.43.410. Immunity of arbitrator; competency to testify; attorney 11 fees and costs. (a) An arbitrator or an arbitration organization acting in that capacity 12 is immune from civil liability to the same extent as a judge of a court of this state 13 acting in a judicial capacity. 14 (b) The immunity afforded by this section supplements any immunity under 15 other law. 16 (c) The failure of an arbitrator to make a disclosure required by AS 09.43.390 17 does not cause a loss of immunity under this section. 18 (d) In a judicial, administrative, or similar proceeding, an arbitrator or 19 representative of an arbitration organization is not competent to testify and may not be 20 required to produce records as to a statement, conduct, a decision, or a ruling 21 occurring during the arbitration proceeding to the same extent as a judge of a court of 22 this state acting in a judicial capacity. This subsection does not apply to 23 (1) the extent necessary to determine the claim of an arbitrator, 24 arbitration organization, or representative of the arbitration organization against a 25 party to the arbitration proceeding; or 26 (2) a hearing on an application to vacate an award under 27 AS 09.43.500(a)(1) or (2) if the applicant establishes prima facie that a ground for 28 vacating the award exists. 29 (e) If a person commences a civil action against an arbitrator, arbitration 30 organization, or representative of an arbitration organization arising from the services 31 of the arbitrator, organization, or representative, or if a person seeks to compel an
01 arbitrator or a representative of an arbitration organization to testify or produce 02 records in violation of (d) of this section, and the court decides that the arbitrator, 03 arbitration organization, or representative of an arbitration organization is immune 04 from civil liability or that the arbitrator or representative of the organization is not 05 competent to testify, the court shall award to the arbitrator, organization, or 06 representative attorney fees and expenses of litigation as determined under the court 07 rules of this state. 08 Sec. 09.43.420. Arbitration process. (a) An arbitrator may conduct an 09 arbitration in the manner the arbitrator considers appropriate for a fair and expeditious 10 disposition of the proceeding. The authority conferred upon the arbitrator includes the 11 power to hold conferences with the parties to the arbitration proceeding before the 12 hearing and, among other matters, determine the admissibility, relevance, materiality, 13 and weight of any evidence. 14 (b) An arbitrator may decide a request for summary disposition of a claim or 15 particular issue 16 (1) if all interested parties agree; or 17 (2) on request of one party to the arbitration proceeding if that party 18 gives notice to all other parties to the proceeding and the other parties have a 19 reasonable opportunity to respond. 20 (c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and 21 give notice of the hearing not less than five days before the hearing begins. Unless a 22 party to the arbitration proceeding makes an objection to lack or insufficiency of 23 notice not later than the beginning of the hearing, the party's appearance at the hearing 24 waives the objection. On request of a party to the arbitration proceeding and for good 25 cause shown, or on the arbitrator's own initiative, the arbitrator may adjourn the 26 hearing from time to time as necessary but may not postpone the hearing to a time 27 later than that fixed by the agreement to arbitrate for making the award unless the 28 parties to the arbitration proceeding consent to a later date. The arbitrator may hear 29 and decide the controversy on the evidence produced although a party who was 30 notified of the arbitration proceeding did not appear. The court, on request, may direct 31 the arbitrator to conduct the hearing promptly and render a timely decision.
01 (d) At a hearing under (c) of this section, a party to the arbitration proceeding 02 has a right to be heard, to present evidence material to the controversy, and to 03 cross-examine witnesses appearing at the hearing. 04 (e) If an arbitrator ceases acting or is unable to act during the arbitration 05 proceeding, a replacement arbitrator shall be appointed under AS 09.43.380 to 06 continue the proceeding and to resolve the controversy. 07 Sec. 09.43.430. Representation by attorney. A party to an arbitration 08 proceeding may be represented by an attorney. 09 Sec. 09.43.440. Witnesses; subpoenas; depositions; discovery. (a) An 10 arbitrator may issue a subpoena for the attendance of a witness and for the production 11 of records and other evidence at a hearing and may administer oaths. A subpoena shall 12 be served in the manner for service of subpoenas in a civil action and, on application 13 to the court by a party to the arbitration proceeding or the arbitrator, enforced in the 14 manner for enforcement of subpoenas in a civil action. 15 (b) In order to make the proceedings fair, expeditious, and cost-effective, on 16 request of a party to or witness in an arbitration proceeding, an arbitrator may permit a 17 deposition of a witness to be taken for use as evidence at the hearing, including a 18 witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator 19 shall determine the conditions under which the deposition is taken. 20 (c) An arbitrator may permit the discovery the arbitrator decides is appropriate 21 in the circumstances, taking into account the needs of the parties to the arbitration 22 proceeding and other affected persons and the desirability of making the proceeding 23 fair, expeditious, and cost-effective. 24 (d) If an arbitrator permits discovery under (c) of this section, the arbitrator 25 may order a party to the arbitration proceeding to comply with the arbitrator's 26 discovery-related orders, issue subpoenas for the attendance of a witness and for the 27 production of records and other evidence at a discovery proceeding, and take action 28 against a noncomplying party to the extent a court could if the controversy were the 29 subject of a civil action in this state. 30 (e) An arbitrator may issue a protective order to prevent the disclosure of 31 privileged information, confidential information, trade secrets, and other information
01 protected from disclosure to the extent a court could if the controversy were the 02 subject of a civil action in this state. 03 (f) All laws compelling a person under subpoena to testify and all fees for 04 attending a judicial proceeding, deposition, or discovery proceeding as a witness apply 05 to an arbitration proceeding as if the controversy were the subject of a civil action in 06 this state. 07 (g) The court may enforce a subpoena or discovery-related order for the 08 attendance of a witness within this state and for the production of records and other 09 evidence issued by an arbitrator in connection with an arbitration proceeding in 10 another state upon conditions determined by the court so as to make the arbitration 11 proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order 12 issued by an arbitrator in another state shall be served in the manner provided by law 13 for service of subpoenas in a civil action in this state and, on application to the court 14 by a party to the arbitration proceeding or the arbitrator, enforced in the manner 15 provided by law for enforcement of subpoenas in a civil action in this state. 16 Sec. 09.43.450. Judicial enforcement of preaward ruling by arbitrator. If 17 an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, 18 the party may request the arbitrator to incorporate the ruling into an award under 19 AS 09.43.460. A prevailing party may apply to the court for an expedited order to 20 confirm the award under AS 09.43.490, in which case the court shall summarily 21 decide the application. The court shall issue an order to confirm the award unless the 22 court vacates, modifies, or corrects the award under AS 09.43.500 or 09.43.510. 23 Sec. 09.43.460. Award. (a) An arbitrator shall make a record of an award. 24 The record must be signed or otherwise authenticated by an arbitrator who concurs 25 with the award. The arbitrator or the arbitration organization shall give notice of the 26 award, including a copy of the award, to each party to the arbitration proceeding. 27 (b) An award shall be made within the time specified by the agreement to 28 arbitrate or, if not specified in the agreement, within the time ordered by the court. 29 The court may extend or the parties to the arbitration proceeding may agree in a record 30 to extend the time. The court or the parties may extend the time within or after the 31 time specified or ordered. A party waives an objection that an award was not timely
01 made unless the party gives notice of the objection to the arbitrator before receiving 02 notice of the award. 03 Sec. 09.43.470. Change of award by arbitrator. (a) On motion to an 04 arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct 05 an award 06 (1) on a ground stated in AS 09.43.510(a)(1) or (3); 07 (2) because the arbitrator has not made a final and definite award on a 08 claim submitted by the parties to the arbitration proceeding; or 09 (3) to clarify the award. 10 (b) A motion under (a) of this section shall be made and notice shall be given 11 to all parties within 20 days after the movant receives notice of the award. 12 (c) A party to the arbitration proceeding shall give notice of an objection to the 13 motion within 10 days after receipt of the notice. 14 (d) If an application to the court is pending under AS 09.43.490, 09.43.500, or 15 09.43.510, the court may submit the claim to the arbitrator to consider whether to 16 modify or correct the award 17 (1) on a ground stated in AS 09.43.510(a)(1) or (3); 18 (2) because the arbitrator has not made a final and definite award on a 19 claim submitted by the parties to the arbitration proceeding; or 20 (3) to clarify the award. 21 (e) An award modified or corrected under this section is subject to 22 AS 09.43.460(a) and 09.43.490 - 09.43.510. 23 Sec. 09.43.480. Remedies; fees and expenses of arbitration proceeding. (a) 24 An arbitrator may award punitive damages or other exemplary relief if the award is 25 authorized by law in a civil action involving the same claim and the evidence 26 produced at the hearing justifies the award under the legal standards otherwise 27 applicable to the claim. 28 (b) An arbitrator may award reasonable attorney fees and other reasonable 29 expenses of arbitration if the award is authorized by law in a civil action involving the 30 same claim or by the agreement of the parties to the arbitration proceeding. 31 (c) As to all remedies other than those authorized by (a) and (b) of this section,
01 an arbitrator may order the remedies the arbitrator considers just and appropriate under 02 the circumstances of the arbitration proceeding. The fact that the remedy could not or 03 would not be granted by the court is not a ground for refusing to confirm an award 04 under AS 09.43.490 or for vacating an award under AS 09.43.500. 05 (d) An arbitrator's expenses and fees, together with other expenses, shall be 06 paid as provided in the award. 07 (e) If an arbitrator awards punitive damages or other exemplary relief under 08 (a) of this section, the arbitrator shall specify in the award the basis in fact justifying 09 and the basis in law authorizing the award and shall state the amount of the punitive 10 damages or other exemplary relief separately. 11 Sec. 09.43.490. Confirmation of award. After a party to an arbitration 12 proceeding receives notice of an award, the party may apply to the court for an order 13 confirming the award, at which time the court shall issue a confirming order unless the 14 award is modified or corrected under AS 09.43.470 or 09.43.510 or is vacated under 15 AS 09.43.500. 16 Sec. 09.43.500. Vacating award. (a) On application to the court by a party to 17 an arbitration proceeding, the court shall vacate an award made in the arbitration 18 proceeding if 19 (1) the award was procured by corruption, fraud, or other undue 20 means; 21 (2) there was 22 (A) evident partiality by an arbitrator appointed as a neutral 23 arbitrator; 24 (B) corruption by an arbitrator; or 25 (C) misconduct by an arbitrator prejudicing the rights of a party 26 to the arbitration proceeding; 27 (3) an arbitrator refused to postpone the hearing on showing of 28 sufficient cause for postponement, refused to consider evidence material to the 29 controversy, or otherwise conducted the hearing contrary to AS 09.43.420, so as to 30 prejudice substantially the rights of a party to the arbitration proceeding; 31 (4) an arbitrator exceeded the arbitrator's powers;
01 (5) there was not an agreement to arbitrate, unless the person 02 participated in the arbitration proceeding without raising the objection under 03 AS 09.43.420(c) not later than the beginning of the arbitration hearing; or 04 (6) the arbitration was conducted without proper notice of the initiation 05 of an arbitration as required under AS 09.43.360 so as to prejudice substantially the 06 rights of a party to the arbitration proceeding. 07 (b) An application under this section shall be filed within 90 days after the 08 applicant receives notice of the award under AS 09.43.460 or within 90 days after the 09 applicant receives notice of a modified or corrected award under AS 09.43.470, unless 10 the applicant alleges that the award was procured by corruption, fraud, or other undue 11 means, in which case the application shall be made within 90 days after the ground is 12 known or, by the exercise of reasonable care, would have been known by the 13 applicant. 14 (c) If the court vacates an award on a ground other than that stated in (a)(5) of 15 this section, it may order a rehearing. If the award is vacated on a ground stated in 16 (a)(1) or (2) of this section, the rehearing shall be before a new arbitrator. If the award 17 is vacated on a ground stated in (a)(3), (4), or (6) of this section, the rehearing may be 18 before the arbitrator who made the award or the arbitrator's successor. The arbitrator 19 shall render the decision in the rehearing within the same time as that provided in 20 AS 09.43.460(b) for an award. 21 (d) If the court denies an application to vacate an award, it shall confirm the 22 award unless an application to modify or correct the award is pending. 23 Sec. 09.43.510. Modification or correction of award. (a) On application 24 made within 90 days after the applicant receives notice of the award under 25 AS 09.43.460 or within 90 days after the applicant receives notice of a modified or 26 corrected award under AS 09.43.470, the court shall modify or correct the award if 27 (1) there was an evident mathematical miscalculation or an evident 28 mistake in the description of a person, thing, or property referred to in the award; 29 (2) the arbitrator has made an award on a claim not submitted to the 30 arbitrator and the award may be corrected without affecting the merits of the decision 31 on the claims submitted; or
01 (3) the award is imperfect in a matter of form not affecting the merits 02 of the decision on the claims submitted. 03 (b) If an application made under (a) of this section is granted, the court shall 04 modify or correct and confirm the award as modified or corrected. Otherwise, unless 05 an application to vacate is pending, the court shall confirm the award. 06 (c) An application to modify or correct an award under this section may be 07 joined with an application to vacate the award. 08 Sec. 09.43.520. Judgment on award. On granting an order confirming, 09 vacating without directing a rehearing, modifying, or correcting an award, the court 10 shall enter a judgment in conformity with the order. The judgment may be recorded, 11 docketed, and enforced as any other judgment in a civil action. 12 Sec. 09.43.530. Jurisdiction. (a) A court of this state having jurisdiction over 13 the controversy and the parties may enforce an agreement to arbitrate. 14 (b) An agreement to arbitrate providing for arbitration in this state confers 15 exclusive jurisdiction on the court to enter judgment on an award under AS 09.43.300 16 - 09.43.595. 17 Sec. 09.43.540. Venue. An application to the court under AS 09.43.320 shall 18 be made in the court of the judicial district in which the agreement to arbitrate 19 specifies the arbitration hearing is to be held or, if the hearing has been held, in the 20 court of the judicial district in which it was held. Otherwise, the application may be 21 made in the court of a judicial district in which an adverse party resides or has a place 22 of business or, if no adverse party has a residence or place of business in this state, in 23 the court of any judicial district in this state. All subsequent applications shall be 24 made in the court hearing the initial application unless the court otherwise directs. 25 Sec. 09.43.550. Appeals. (a) An appeal may be taken from 26 (1) an order denying an application to compel arbitration; 27 (2) an order granting an application to stay arbitration; 28 (3) an order confirming or denying confirmation of an award; 29 (4) an order modifying or correcting an award; 30 (5) an order vacating an award without directing a rehearing; or 31 (6) a final judgment entered under AS 09.43.300 - 09.43.595.
01 (b) An appeal under this section shall be taken as from an order or a judgment 02 in a civil action. 03 Sec. 09.43.560. Uniformity of application and construction. In applying 04 and construing AS 09.43.300 - 09.43.595, consideration shall be given to the need to 05 promote uniformity of the law with respect to its subject matter among states that 06 enact the Revised Uniform Arbitration Act. 07 Sec. 09.43.570. Relationship to Electronic Signatures in Global and 08 National Commerce Act. The provisions of AS 09.43.300 - 09.43.595 governing the 09 legal effect, validity, and enforceability of electronic records or electronic signatures, 10 and of contracts performed with the use of the records or signatures shall conform to 11 the requirements of 15 U.S.C. 7002 (Electronic Signatures in Global and National 12 Commerce Act). 13 Sec. 09.43.580. Notice. (a) Except as otherwise provided in AS 09.43.300 - 14 09.43.595, a person gives notice to another person by taking action that is reasonably 15 necessary to inform the other person in the ordinary course of affairs, whether or not 16 the other person acquires knowledge of the notice. 17 (b) A person has notice if the person has knowledge of the notice or has 18 received notice. 19 (c) A person receives notice when the notice comes to the person's attention or 20 the notice is delivered at the person's place of residence or place of business, or at 21 another location held out by the person as a place of delivery of the communications. 22 Sec. 09.43.590. Definitions. In AS 09.43.300 - 09.43.595, 23 (1) "arbitration organization" means an association, agency, board, 24 commission, or other entity that is neutral and initiates, sponsors, or administers an 25 arbitration proceeding or is involved in the appointment of an arbitrator; 26 (2) "arbitrator" means an individual who is appointed to render an 27 award, alone or with others, in a controversy that is subject to an agreement to 28 arbitrate; 29 (3) "court" means a court of competent jurisdiction in this state; 30 (4) "knowledge" means actual knowledge; 31 (5) "person" means an individual, corporation, business trust, estate,
01 trust, partnership, limited liability company, association, joint venture, or government; 02 governmental subdivision, agency, or instrumentality; public corporation; or another 03 legal or commercial entity; 04 (6) "record" means information that is inscribed on a tangible medium 05 or that is stored in an electronic or other medium and may be retrieved in perceivable 06 form. 07 Sec. 09.43.595. Short title. AS 09.43.300 - 09.43.595 may be cited as the 08 Revised Uniform Arbitration Act. 09 * Sec. 3. AS 09.55.535(k) is amended to read: 10 (k) The provisions of AS 09.43.010 - 09.43.180 (Uniform Arbitration Act) 11 or AS 09.43.300 - 09.43.595 (Revised Uniform Arbitration Act) [THE UNIFORM 12 ARBITRATION ACT, AS 09.43.010 - 09.43.180,] apply as provided in 13 AS 09.43.010 and 09.43.300 to arbitrations under this section if they do not conflict 14 with the provisions of this section; arbitrations under this section shall be conducted in 15 accordance with procedures established by any rules of court that [WHICH] may be 16 adopted and according to provisions of AS 09.55.540 - 09.55.548, 09.55.554 - 17 09.55.560 [AND AS 09.55.554 - 09.55.560], and AS 09.65.090. 18 * Sec. 4. AS 22.15.030(a) is amended to read: 19 (a) The district court has jurisdiction of civil cases, including foreign 20 judgments filed under AS 09.30.200 and arbitration proceedings under AS 09.43.170 21 or 09.43.530 to the extent permitted by AS 09.43.010 and 09.43.300, as follows: 22 (1) for the recovery of money or damages when the amount claimed 23 exclusive of costs, interest, and attorney fees does not exceed $50,000 for each 24 defendant; 25 (2) for the recovery of specific personal property, when the value of 26 the property claimed and the damages for the detention do not exceed $50,000; 27 (3) for the recovery of a penalty or forfeiture, whether given by statute 28 or arising out of contract, not exceeding $50,000; 29 (4) to give judgment without action upon the confession of the 30 defendant for any of the cases specified in this section, except for a penalty or 31 forfeiture imposed by statute;
01 (5) for establishing the fact of death or cause and manner of death of 02 any person in the manner prescribed in AS 09.55.020 - 09.55.069; 03 (6) for the recovery of the possession of premises in the manner 04 provided under AS 09.45.070 - 09.45.160 when the value of the arrears and damage to 05 the property does not exceed $50,000; 06 (7) for the foreclosure of a lien when the amount in controversy does 07 not exceed $50,000; 08 (8) for the recovery of money or damages in motor vehicle tort cases 09 when the amount claimed exclusive of costs, interest, and attorney fees does not 10 exceed $50,000 for each defendant; 11 (9) over civil actions for taking utility service and for damages to or 12 interference with a utility line filed under AS 42.20.030; 13 (10) over cases involving protective orders for domestic violence 14 under AS 18.66.100 - 18.66.180. 15 * Sec. 5. AS 23.40.200(b) is amended to read: 16 (b) The class in (a)(1) of this section is composed of police and fire protection 17 employees, jail, prison, and other correctional institution employees, and hospital 18 employees. Employees in this class may not engage in strikes. Upon a showing by a 19 public employer or the labor relations agency that employees in this class are engaging 20 or about to engage in a strike, an injunction, restraining order, or other order that 21 [WHICH] may be appropriate shall be granted by the superior court in the judicial 22 district in which the strike is occurring or is about to occur. If an impasse or deadlock 23 is reached in collective bargaining between the public employer and employees in this 24 class, and mediation has been utilized without resolving the deadlock, the parties shall 25 submit to arbitration to be carried out under AS 09.43.030 or 09.43.480 to the extent 26 permitted by AS 09.43.010 and 09.43.300. 27 * Sec. 6. AS 23.40.200(c) is amended to read: 28 (c) The class in (a)(2) of this section is composed of public utility, snow 29 removal, sanitation, and educational institution employees other than employees of a 30 school district, a regional educational attendance area, or a state boarding school. 31 Employees in this class may engage in a strike after mediation, subject to the voting
01 requirement of (d) of this section, for a limited time. The limit is determined by the 02 interests of the health, safety, or welfare of the public. The public employer or the 03 labor relations agency may apply to the superior court in the judicial district in which 04 the strike is occurring for an order enjoining the strike. A strike may not be enjoined 05 unless it can be shown that it has begun to threaten the health, safety, or welfare of the 06 public. A court, in deciding whether or not to enjoin the strike, shall consider the total 07 equities in the particular class. "Total equities" includes not only the effect 08 [IMPACT] of a strike on the public but also the extent to which employee 09 organizations and public employers have met their statutory obligations. If an impasse 10 or deadlock still exists after the issuance of an injunction, the parties shall submit to 11 arbitration to be carried out under AS 09.43.030 or 09.43.480 to the extent permitted 12 by AS 09.43.010 and 09.43.300. 13 * Sec. 7. AS 23.40.200(f) is amended to read: 14 (f) The parties to a collective bargaining agreement may provide in the 15 agreement a contract for arbitration to be conducted solely according to AS 09.43.010 16 - 09.43.180 (Uniform Arbitration Act) or AS 09.43.300 - 09.43.595 (Revised 17 Uniform Arbitration Act) to the extent permitted by AS 09.43.010 and 09.43.300 18 if either [THE] Act is incorporated into the agreement or contract by reference. 19 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 INDIRECT COURT RULE AMENDMENTS. (a) AS 09.43.370, enacted by sec. 2 of 22 this Act, has the effect of changing Rules 18, 19, 20, and 21, Alaska Rules of Civil Procedure, 23 by establishing additional specific situations where the court may order proceedings 24 consolidated as to all or some claims, and a situation where the court is prohibited from 25 ordering consolidation. 26 (b) AS 09.43.410(d) and (e), enacted by sec. 2 of this Act, have the effect of changing 27 Rule 601, Alaska Rules of Evidence, by providing that an arbitrator and a representative of an 28 arbitration organization are not competent to testify in certain judicial proceedings related to 29 arbitration. 30 (c) AS 09.43.540, enacted by sec. 2 of this Act, has the effect of changing Rule 3, 31 Alaska Rules of Civil Procedure, by establishing different venue rules for applications to the
01 court in arbitration proceedings. 02 (d) AS 09.43.550(a)(1) - (5), enacted by sec. 2 of this Act, have the effect of changing 03 Rule 402, Alaska Rules of Appellate Procedure, by providing that an appeal may be taken 04 from superior court interlocutory orders identified in AS 09.43.550(a). 05 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 WAIVER OF EFFECTIVE DATE PROHIBITED. A person may not waive the 08 effective date of a provision of this Act, and a waiver of the effective date of a provision of 09 this Act is void. 10 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 SAVING CLAUSE. This Act does not affect an action or proceeding commenced or 13 right accrued before January 1, 2005. 14 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 15 read: 16 CONDITIONAL EFFECT. AS 09.43.370, 09.43.410(d), 09.43.410(e), 09.43.540, and 17 09.43.550(a)(1) - (5), enacted by sec. 2 of this Act, take effect only if sec. 8 of this Act 18 receives the two-thirds majority vote of each house required by art. IV, sec. 15, Constitution 19 of the State of Alaska. 20 * Sec. 12. This Act takes effect January 1, 2005.