Violations
Sec. 8. A person who knowingly violates section 3, 4, 5, or 7 of
this chapter commits a Class D felony.
As added by P.L.1-1998, SEC.7.
&DNM.IC 34-57-2
&YENC.
&YAMD.
Chapter 2. Arbitration: Uniform Arbitration Act
&DNM.IC 34-57-2-1
&YENC.1998
&YAMD.1998
Written agreement to arbitrate; enforceability; exemptions from chapter
IC 34-57-2-1 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).
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-2
&YENC.1998
&YAMD.1998
Commencement of arbitration; procedure; tolling statute of limitations
IC 34-57-2-2 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-3
&YENC.1998
&YAMD.1998
Order to commence arbitration; stay of arbitration proceedings;
procedure
IC 34-57-2-3 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-4
&YENC.1998
&YAMD.1998
Appointment of arbitrators by agreement or by court
IC 34-57-2-4 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-5
&YENC.1998
&YAMD.1998
Powers of arbitrators exercised by majority
IC 34-57-2-5 Sec. 5. The powers of the arbitrators may be exercised
by a majority unless otherwise provided by the agreement or by this
chapter.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-6
&YENC.1998
&YAMD.1998
Hearings; time and place; notice; procedure
IC 34-57-2-6 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-7
&YENC.1998
&YAMD.1998
Right to representation by attorney
IC 34-57-2-7 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-8
&YENC.1998
&YAMD.1998
Subpoenas for witnesses or documents; depositions; witness fees
IC 34-57-2-8 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-9
&YENC.1998
&YAMD.1998
Award; form and copies
IC 34-57-2-9 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-10
&YENC.1998
&YAMD.1998
Modification or correction of award; procedure
IC 34-57-2-10 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-11
&YENC.1998
&YAMD.1998
Fees and expenses of arbitration
IC 34-57-2-11 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-12
&YENC.1998
&YAMD.1998
Confirmation of award by court
IC 34-57-2-12 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-13
&YENC.1998
&YAMD.1998
Vacation of award by court; procedure
IC 34-57-2-13 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-14
&YENC.1998
&YAMD.1998
Modification or correction of award by court; procedure
IC 34-57-2-14 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-15
&YENC.1998
&YAMD.1998
Entry of judgment or decree confirming, modifying, or correcting
award; costs
IC 34-57-2-15 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-16
&YENC.1998
&YAMD.1998
Applications to court
IC 34-57-2-16 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-17
&YENC.1998
&YAMD.1998
"Court" defined; jurisdiction
IC 34-57-2-17 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-18
&YENC.1998
&YAMD.1998
Application; proper court
IC 34-57-2-18 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-19
&YENC.1998
&YAMD.1998
Appeals authorized; procedure
IC 34-57-2-19 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-20
&YENC.1998
&YAMD.1998
Applicability of chapter
IC 34-57-2-20 Sec. 20. This chapter applies only to agreements
made after August 18, 1969.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-21
&YENC.1998
&YAMD.1998
Construction of chapter
IC 34-57-2-21 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.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-2-22
&YENC.1998
&YAMD.1998
Short title
IC 34-57-2-22 Sec. 22. This chapter may be cited as the Uniform
Arbitration Act.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
Last modified: May 24, 2006