Short title
Sec. 16. This chapter may be cited as the Uniform Declaratory
Judgments Act.
As added by P.L.1-1998, SEC.9.
&DNM.IC 34-57
&YENC.
&YAMD.
ARTICLE 57. ARBITRATION AND ALTERNATIVE DISPUTE
RESOLUTION
&DNM.IC 34-57-1
&YENC.
&YAMD.
Chapter 1. Arbitration: Generally
&DNM.IC 34-57-1-1
&YENC.1998
&YAMD.1998
Applicability of chapter
&BTN.Insert a period at the end of the section after "chapter".&ETN.
IC 34-57-1-1 Sec. 1. This chapter applies to any controversy
existing between two (2) or more parties, which might be the subject
of a suit at law, except as otherwise provided in section 2 of this
chapter
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-2
&YENC.1998
&YAMD.1998
Real estate claims
IC 34-57-1-2 Sec. 2. (a) Except as provided in subsection (b), no
submission to arbitration shall be made respecting the claim of any
person to any estate in fee or for life to any real estate.
(b) The following controversies may be submitted to arbitration:
(1) A claim to an interest in a term for years, or for one (1) year
or less, in real estate.
(2) Respecting the partition of lands between joint-tenants or
tenants-in-common.
(3) Concerning the boundaries of lands.
(4) Concerning the assignment of dower.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-3
&YENC.1998
&YAMD.1998
Persons who may agree to arbitrate
IC 34-57-1-3 Sec. 3. All persons, except minors and mentally
incompetent persons, may, by an instrument in writing, submit a
controversy for arbitration by one (1) or more persons.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-4
&YENC.1998
&YAMD.1998
Arbitrators mutually chosen
IC 34-57-1-4 Sec. 4. The arbitrator is mutually chosen by the parties
to the controversy.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-5
&YENC.1998
&YAMD.1998
Submissions
IC 34-57-1-5 Sec. 5. The parties may agree that each submission be
made by a rule of any court of record designated in the instrument.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-6
&YENC.1998
&YAMD.1998
Execution of bonds; conditions
IC 34-57-1-6 Sec. 6. When an agreement is made according to
sections 1 through 5 of this chapter, the parties shall execute bonds.
The bonds must contain:
(1) a condition to abide and faithfully perform the award or
umpirage;
(2) the name of the arbitrator or arbitrators;
(3) the matters submitted to arbitration for determination; and
(4) an agreement to make the submission a rule of the court
designated in the agreement of submission.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-7
&YENC.1998
&YAMD.1998
Time and place of arbitration; notice
IC 34-57-1-7 Sec. 7. As soon as the bonds are delivered, either party
may appoint a time and place for the arbitrator to meet, by giving the
opposite party and the arbitrator not less than ten (10) days written
notice.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-8
&YENC.1998
&YAMD.1998
Arbitrator's oath
IC 34-57-1-8 Sec. 8. Before hearing any testimony, the arbitrator or
arbitrators shall swear faithfully and fairly to:
(1) hear and examine the matters in controversy; and
(2) make a just award according to the best of the arbitrator's
understanding.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-9
&YENC.1998
&YAMD.1998
Administration of oath
IC 34-57-1-9 Sec. 9. The oath may be administered to the arbitrator
and witnesses by any person authorized to administer oaths.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-10
&YENC.1998
&YAMD.1998
Hearing
IC 34-57-1-10 Sec. 10. As soon as the arbitrator is ready to proceed,
the parties may exhibit their proofs. All the arbitrators must meet
together, and hear the allegations of the parties, but the award of a
majority is valid, unless otherwise required by the submission.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-11
&YENC.1998
&YAMD.1998
Award
IC 34-57-1-11 Sec. 11. The award must be:
(1) in writing;
(2) signed by the arbitrator or arbitrators who agreed to it; and
(3) attested by a subscribing witness.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-12
&YENC.1998
&YAMD.1998
Copy of award and costs; delivery to parties
IC 34-57-1-12 Sec. 12. One (1) of the arbitrators shall deliver a true
copy of the award and of the costs to:
(1) each of the parties; or
(2) the last usual place of residence of a party;
not later than fifteen (15) days after the award is signed.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-13
&YENC.1998
&YAMD.1998
Refusal to comply with award
IC 34-57-1-13 Sec. 13. If either of the parties fails or refuses to
comply with the award, the other party may file the award, together
with the agreement of submission, in the court named in the
submission.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-14
&YENC.1998
&YAMD.1998
Entry of submission agreement and award on record; rule against
adverse party
IC 34-57-1-14 Sec. 14. (a) If the party seeking compliance proves
the submission, the award, and that a copy of the award was duly
served on the party against whom the rule is asked, the court shall:
(1) enter the submission and the award as matters of record; and
(2) grant a rule on the record against the adverse party, to show
cause why judgment should not be rendered by the court upon the
award.
(b) The submission may be proved by:
(1) a subscribing witness to the submission; or
(2) in case of death, insanity, or absence out of the state of the
subscribing witness, as in other cases of a written instrument.
(c) The award may be proved:
(1) as a submission is proved under subsection (b); or
(2) by one (1) or more of the arbitrators.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-15
&YENC.1998
&YAMD.1998
Confirmation of award by court
IC 34-57-1-15 Sec. 15. Upon the return of the rule the court shall
confirm the award and render judgment upon it, unless the award is
vacated, modified, or postponed, as provided in this chapter. The
judgment has the same force and effect as judgments in other cases.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-16
&YENC.1998
&YAMD.1998
Hearing and determination on court rule against adverse party
IC 34-57-1-16 Sec. 16. (a) If the rule has been served ten (10) days
or more on the adverse party before the time set for showing cause
against the award, the court may proceed to examine and determine the
rule in the adverse party's absence.
(b) If the adverse party appears, the court shall proceed to hear and
determine the grounds alleged against the award, if there are any.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-17
&YENC.1998
&YAMD.1998
Grounds against rendition of judgment on award
IC 34-57-1-17 Sec. 17. In all cases where an award is presented to
any court of record for a judgment to be entered upon the award,
whether the reference was made by submission of parties, or by rule of
court, the adverse party may show cause against the rendition of the
judgment on any of the following grounds:
(1) The award or umpirage was obtained by fraud, corruption,
partiality, or other undue means, or the arbitrator showed
evidence of partiality or corruption.
(2) The arbitrator was guilty of misconduct in:
(A) refusing to postpone the hearing upon sufficient cause
shown;
(B) refusing to hear evidence material and pertinent to the
controversy; or
(C) any other misbehavior by which the rights of any party
were prejudiced.
(3) The arbitrator exceeded the arbitrator's powers, or so
imperfectly executed them that a mutual, final, and definite award
on the subject-matter submitted was not made.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-18
&YENC.1998
&YAMD.1998
Modification or correction of award
IC 34-57-1-18 Sec. 18. Any party to a submission may move the
court to modify or correct the award in the following cases:
(1) When there is an evident miscalculation of figures, or an
evident mistake in the description of any person, thing, or
property referred to or mentioned in the award.
(2) When the arbitrator has awarded upon a matter that was not
submitted, and does not affect the merits of the decision upon the
matters which were submitted.
(3) When the award is imperfect in some matter of form, that:
(A) does not affect the controversy; and
(B) if it had been a verdict, the defect could have been
properly amended or disregarded by the court.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-19
&YENC.1998
&YAMD.1998
Hearing on motion to invalidate or sustain award
IC 34-57-1-19 Sec. 19. (a) The court shall hear the proofs and
allegations of the parties, to invalidate and sustain the award.
(b) The court shall:
(1) confirm the award;
(2) modify and correct the award in the cases prescribed in
section 18 of this chapter so as to:
(A) effect the intent of the award; and
(B) promote justice between the parties; or
(3) vacate the award for any of the causes specified in this chapter
at the costs of the parties seeking to enforce the award.
(c) If the award is confirmed under subsection (b)(1), or modified
under subsection (b)(2), the court shall render judgment on the original
or corrected award.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-20
&YENC.1998
&YAMD.1998
Judgments confirming awards
IC 34-57-1-20 Sec. 20. If the award is confirmed, judgment shall be
given in favor of any party to whom any sum of money or damages has
been awarded that the party recover the amount awarded. If the award
orders any act to be done by either party; judgment shall be entered that
the act be done according to the award.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-21
&YENC.1998
&YAMD.1998
Taxation of costs
IC 34-57-1-21 Sec. 21. (a) The costs of the proceedings in court
shall be taxed as in suits.
(b) If no provision for the fees and expenses of the arbitration is
made in the award, the court shall make allowances for costs.
(c) However, if:
(1) there was a suit pending before the submission; and
(2) the costs of the suit were not noticed by the arbitrator;
the court shall not allow or tax any of the costs of the suit incurred
before the submission.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-22
&YENC.1998
&YAMD.1998
Judgment requiring performance of act; enforcement
IC 34-57-1-22 Sec. 22. When the court enters a judgment on award
that requires any party to perform any act other than the payment of
money, the court has authority to enforce the performance by
attachment, until the terms of the judgment have been complied with.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-23
&YENC.1998
&YAMD.1998
Pending litigation; consent to arbitrate
IC 34-57-1-23 Sec. 23. If the subject matter of any suit pending in
any court, could originally have been submitted to arbitration, the
parties to the suit, their agent, or attorney may consent, by rule of court,
to refer the matter in controversy to certain persons mutually chosen by
the parties in an open court.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-24
&YENC.1998
&YAMD.1998
Referees
IC 34-57-1-24 Sec. 24. The referees, if required by the parties, shall:
(1) be sworn in open court or before any officer authorized to
administer oaths, faithfully and impartially to investigate, adjust,
and report the matters submitted;
(2) proceed to investigate matters according to the submission of
the parties; and
(3) report to the court at a time agreed to by the parties in the rule
of reference.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-25
&YENC.1998
&YAMD.1998
Referee's report
IC 34-57-1-25 Sec. 25. When the report is returned under the
signatures of a majority of the referees, the report shall be entered on
the order book, and shall have the same effect as the verdict of a jury.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
&DNM.IC 34-57-1-26
&YENC.1998
&YAMD.1998
Judgment on referee's report
IC 34-57-1-26 Sec. 26. Either party may move the court for
judgment on the report. If no sufficient cause is shown to the contrary,
judgment shall be rendered on the report in like manner and with like
force and effect as if rendered upon the verdict of a jury.
&HST.As added by P.L.1-1998, SEC.53.&EHST.
Last modified: May 24, 2006