Uniform Arbitration Act

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The Uniform Arbitration Act was an act that originated in the year 1955. It was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The main purpose of this law was to create one way to go about making an arbitration in the United States law.[1] The law is currently preempted in almost all contexts by the 1925 FAA.

This arbitration act was drafted as a model arbitration statute to allow each U.S. state to adopt a uniform law of arbitration, instead of having each state enact a unique arbitration statute. The act was updated by the Uniform Law Commission in the year 2000.[2] The new act, called the Revised Uniform Arbitration Act, or RUAA, has been adopted by eighteen states[3]. Thirty-five states have adopted some version of the Uniform Arbitration Act.[4]

Details[edit]

Section 1 includes the ruling on a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. (Gibbons,Marten,Sumners,Witte. pg.2)

Section 2 requires the court to compel arbitration when there is an arbitration agreement and one party refuses to arbitrate.' In making the determination whether to compel arbitration, the court is limited to deciding whether an agreement to arbitrate exists, whether the dispute involved is within the scope of the agreement and whether the right to arbitrate was waived. The court is not free to examine the merits of the controversy.' (Gibbons,Marten,Sumners,Witte. pg.16)

There are more sections included in this act that are not fully listed. In order to find the rest of these acts you can view an image of the actual Uniform Arbitration Act and there you will see the following sections as well as a more detailed description as to what each section entails specifically. This Act has come in to some controversy since its adoption in 2000, and this has to do with the freedom of the states to develop their own version of the Act. So while the Act is meant to make a uniform method of arbitration, it differs slightly depending on which state you visit or reside in.

References[edit]

  1. ^ "Arbitration Act (2000)". Uniform Law Commission. The National Conference of Commissioners on Uniform State Law. Retrieved April 24, 2019.
  2. ^ "Arbitration Act (2000)". Uniform Law Commission. The National Conference of Commissioners on Uniform State Law. Retrieved April 24, 2019.
  3. ^ Meyerson, Bruce (2016). "The Revised Uniform Arbitration Act: 15 Years Later" (PDF). Dispute Resolution Journal. Retrieved 21 April 2019.
  4. ^ "Uniform Business and Financial Laws Locator". Legal Information Institute. Cornell University Law School. Retrieved 15 September 2016.

External links[edit]