Printer-friendly: Click to view
  • Summary date: Jul 25 2017 - View Summary


  • Summary date: Apr 12 2017 - View Summary

    Amends GS Chapter 1, Article 45B (International Commercial Arbitration and Conciliation) as follows.

    Amends GS 1-567.31 (Scope of application) to provide that the Article is subject to any applicable international agreement and any federal law (was, applicable international agreement or federal statute). Requires an agreement between parties that an arbitration or conciliation concerns more than one nation to be in a record. Clarifies that an arbitration or conciliation is commercial if the underlying commercial relationship relates to any of the listed subjects, but does not limit commercial arbitrations and conciliations to those concerning those subjects. Adds plant variety protection to the list of intellectual property subjects that make a commercial relationship. Provides that the Article does not govern arbitrations under GS Chapter 90, Article 1H (Voluntary Arbitration of Negligent Health Care Claims). Makes additional clarifying and technical changes.

    Amends GS 1-567.32 (Definitions and rules of interpretation) to delete the definition of superior court, and add the definition of court andrecord. Throughout the remainder of the act, judicial actions currently required to be performed in superior court are now required to be performed in a court of competent jurisdiction in this state. Provides that provisions in the Article referring to claims also apply to counterclaims or setoffs, and that defenses also refer to defenses to counterclaims or setoffs.

    Amends GS 1-567.33 (Receipt of written communications or submissions) to provide that an agreement to the contrary of that statute's requirements must be in a record. Provides for transmission of written communications by electronic transmission, if in a record, and requires a valid receipt of transmission to be in a record. Provides for written communication by certified mail as a contingency, in addition to the other listed forms contingency communication.

    Amends GS 1-567.39 (Interim relief and the enforcement of interim measures), deleting the provision authorizing a party to an arbitration to request a superior court to enforce an order of an arbitral tribunal granting interim measures under GS 1-567.47. Authorizes a court to grant any of the listed orders or actions (currently, does not specify any or all). Requires an agreement between the parties limiting the availability of interim relief to be in a record.

    Amends GS 1-567.41 (Appointment of arbitrators) to require a court, when appointing an arbitrator, to consider all of the currently listed factors.

    Repeals GS 1-567.42 (Grounds for challenge) and GS 1-567.43 (Challenge procedure).

    Enacts new GS 1-567.43A (Disclosure by arbitrator). Requires an individual who is requested to serve as an arbitrator to disclose to all parties to the agreement, the arbitration proceeding, and other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding. The arbitrator has a continuing obligation to disclose any such facts that the arbitrator learns after accepting appointment. If an arbitrator discloses a fact, either prior to or after accepting appointment as an arbitrator, and a party makes a timely objection to the appointment or continued service of the arbitrator based on that fact, the objection may be a ground for vacating an award made by the arbitrator. Failure of an arbitrator to disclose a required fact is grounds, upon timely objection of a party, for vacating an award made by the arbitrator. Failure to disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party creates a presumption that the arbitrator acted with evident partiality. Provides for compliance with an agreement between parties on procedures for challenges to arbitrators.

    Amends GS 1-567.47 (Power of arbitral tribunal to order interim measures). Provides that a court has the same power to issue an interim measure in an arbitration proceeding, regardless of whether the arbitration proceeding is in this state, as it has in a court proceeding. Directs the court to exercise this power in accordance with its own procedures in consideration of the specific features of international arbitration.

    Amends GS 1-567.49 (Determination of rules of procedure). Directs the arbitral tribunal to select the rules for conducting the arbitration after hearing all parties and taking particular reference to model rules. Authorizes a court to order the use of rules, taking particular reference to model rules, in the event a tribunal cannot decide on rules for conducting the arbitration. Specifies that each party has the burden of proving the facts relied on to support its counterclaims.

    Enacts new GS 1-567.50A (Consolidation). Authorizes a court, upon motion of a party, to order consolidation of separate arbitration proceedings as to all or some of the claims if each of four listed circumstances are true, including that the claims subject to the arbitration agreements arise in substantial part from the same transaction or series of related transactions. Prohibits a court from ordering consolidation of the claims if the arbitration agreement prohibits consolidation.

    Amends GS 1-567.51 (Commencement of arbitral proceedings) to provide an exception to that statute for contrary requirements in the rules and procedures upon which the parties have agreed. Requires the commencement to begin on the date on which a request for that dispute to be referred to arbitration is received by a party (currently, received by the respondent).

    Amends GS 1-567.53 (Statements of claim and defense). Requires the respondent to state its defenses, counterclaims, or setoffs (currently, defenses and counterclaims or setoffs). Requires each party, when there are more than two parties to the arbitration, to state their claims, defenses, counterclaims, or setoffs (currently, claims setoffs, and defenses).

    Amends GS 1-567.57 (Court assistance in obtaining discovery and taking evidence). Deletes the provisions regarding consolidation of two or more arbitrations.

    Amends GS 1-567.61 (Form and contents of award). Requires the award to be made in writing in a record (currently, in writing). Requires awards to be made within the time specified by the agreement to arbitrate or the arbitration institution, or if not specified, within the time ordered by the court. Provides for extension of time upon court instruction or agreement of the parties in a record. Provides that a party waives any objection of an untimely award unless the party gives notice of the objection to the tribunal before receiving notice of the award. Clarifies that the arbitral tribunal may include any of the currently listed fees and expenses in an order for costs. Clarifies that the arbitral tribunal may specify any of the currently listed pieces of information in the order for costs. Authorizes an arbitral tribunal to award punitive damages if each of three listed circumstances are true, including that the arbitration agreement provides for an award of punitive damages or exemplary relief. Requires an arbitral tribunal that awards punitive damages or other exemplary relief to specify the basis in fact justifying and the basis in law authorizing the award, and to state separately the amount of the punitive damages or other exemplary relief.

    Amends GS 1-567.64 (Modifying or vacating of awards) to provide that that statute is subject to relevant provisions of federal law and any applicable international agreement (currently, federal law or applicable international agreement). Directs (currently, the court has regard to do so) a reviewing court under this statute to consider the provisions of this Article (currently, this Article and two other statutes).

    Amends GS 1-567.65 (Confirmation and enforcement of awards) to provide that that statute is subject to relevant provisions of federal law and any applicable international agreement (currently, federal law or applicable international agreement). Authorizes a court to seal or redact, in whole or in part, an order, judgment, or arbitral award issued under this Article. Authorizes the court, upon good cause, to open a sealed or redacted order, judgment, or arbitral award, or seal or redact an opened order, judgment, or arbitral award.

    Amends GS 1-567.66 (Applications to court) to provide that notice of an initial application for an order must be served in the manner for the service of a summons in a civil action (currently, an action).

    Enacts new GS 1-567.88 (Uniformity of application and construction). Requires consideration of the need to promote uniformity of the law among the states that have enacted the Revised Uniform Arbitration Act, with respect to this subject matter, with particular consideration given to the Revised Uniform Arbitration Act as enacted in this state, while applying and construing this Article.

    Enacts new GS 1-567.89 (Relationship to federal Electronic Signatures in Global and National Commerce Act). Provides that this Article conforms to the requirements of the Electronic Signatures in Global and National Commerce Act or other federal or State law governing electronic records and signatures.

    Makes technical and conforming changes.

    Effective October 1, 2017.

  • Summary date: Apr 11 2017 - View Summary

    To be summarized.