Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.43.120 Vacating an award.
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(a) On application of a party, the court shall vacate an award if (1) the award was procured by fraud or other undue means; (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 a p…
AS 09.43.130 Modification or correction of award by court.
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(a) On application made within 90 days after delivery of a copy of the award to the applicant, the court shall modify or correct the award if (1) there was an evident miscalculation of figures or an evident mistake in the description of a person, thing, or property referred to in…
AS 09.43.140 Judgment or decree on award.
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Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered in conformity with the award and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent to the application, and disbu…
AS 09.43.150 Applications to court.
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An application to the court under AS 09.43.010 — 09.43.180 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 fo…
AS 09.43.160 Appeals.
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(a) An appeal may be taken from (1) an order denying an application to compel arbitration made under AS 09.43.020; (2) an order granting an application to stay arbitration made under AS 09.43.020(b); (3) an order confirming or denying confirmation of an award; (4) an order modify…
AS 09.43.170 Court, jurisdiction.
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In AS 09.43.010 — 09.43.180, the term “court” means the court with jurisdiction in this state. The making of an agreement described in AS 09.43.010 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under AS 09.43.010 — 09.43.180 an…
AS 09.43.180 Short title.
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Article 2. Arbitration of Small Claims. AS 09.43.010 — 09.43.180 may be cited as the Uniform Arbitration Act.
AS 09.43.190 Arbitration under court rules.
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The supreme court may provide by rule for compulsory arbitration of a cause of action filed in a superior or district court, demanding only a money judgment, when it appears that the demand on the cause of action is for $3,000 or less, exclusive of costs, or when it appears to th…
AS 09.43.200 Appointment and compensation of arbitrator.
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Arbitration of actions shall be by either a member of the Alaska Bar Association or a magistrate appointed and compensated by the court as provided by its rules.
AS 09.43.210 Practice and procedure.
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The practice and procedure for conducting arbitration, the powers of the arbitrators, and the assessment of costs shall be prescribed by the court rules.
AS 09.43.220 Judgments and appeals.
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Article 3. Revised Uniform Arbitration Act. Unless an appeal is taken from the award to the court that ordered arbitration as provided by the court rules, the court shall enter and enforce judgment in accordance with the award of the arbitrator. Any party aggrieved by the award m…
AS 09.43.300 Application.
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(a) AS 09.43.300 — 09.43.595 govern an agreement to arbitrate made on or after January 1, 2005. (b) AS 09.43.300 — 09.43.595 govern an agreement to arbitrate made before January 1, 2005, if all the parties to the agreement or to the arbitration proceeding agree in a record that A…
AS 09.43.310 Effect of agreement to arbitrate; nonwaivable provisions.
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(a) Except as otherwise provided in (b) and (c) of this section, a party to an agreement to arbitrate or arbitration proceeding may waive, or the parties may vary the effect of, the requirements of AS 09.43.300 — 09.43.595 to the extent permitted by law. (b) Before a controversy …
AS 09.43.320 Application for judicial relief.
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Except as otherwise provided in AS 09.43.550, an application for judicial relief under AS 09.43.300 — 09.43.595 shall be made and heard in the manner provided by the court rules of this state.
AS 09.43.330 Validity of agreement to arbitrate.
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(a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract, and exc…
AS 09.43.340 Application to compel arbitration; stay of related proceedings.
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(a) On application of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate under the agreement, (1) if the refusing party does not appear or does not oppose the application, the court shall order the parties to arbitrate; and (2) if the re…
AS 09.43.350 Provisional remedies.
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(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon application of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the sam…
AS 09.43.360 Initiation of arbitration.
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(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by…
AS 09.43.370 Consolidation of separate arbitration proceedings.
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(a) Except as otherwise provided in (c) of this section, upon application of a party to an agreement to arbitrate or arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if (1) there are separate agreements …
AS 09.43.380 Appointment of arbitrator; service as a neutral arbitrator.
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(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method shall be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a …
AS 09.43.390 Disclosure by arbitrator.
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(a) Before accepting appointment, an individual who is requested to serve as an arbitrator shall, after making a reasonable inquiry, disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators any known facts that a reasonable person …
AS 09.43.400 Action by majority.
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If there is more than one arbitrator, the powers of an arbitrator shall be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under AS 09.43.420(c).
AS 09.43.410 Immunity of arbitrator; competency to testify; attorney fees and costs.
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(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (b) The immunity afforded by this section supplements any immunity under other law. (c) Th…
AS 09.43.420 Arbitration process.
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(a) An arbitrator may conduct an arbitration in the manner the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceed…
AS 09.43.430 Representation by attorney.
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A party to an arbitration proceeding may be represented by an attorney.
AS 09.43.440 Witnesses; subpoenas; depositions; discovery.
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(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at a hearing and may administer oaths. A subpoena shall be served in the manner for service of subpoenas in a civil action and, on application to the court …
AS 09.43.450 Judicial enforcement of preaward ruling by arbitrator.
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If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under AS 09.43.460. A prevailing party may apply to the court for an expedited order to confirm the award under…
AS 09.43.460 Award.
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(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the …
AS 09.43.470 Change of award by arbitrator.
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(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award (1) on a ground stated in AS 09.43.510(a)(1) or (3); (2) because the arbitrator has not made a final and definite award on a claim submitted by the parties to the…
AS 09.43.480 Remedies; fees and expenses of arbitration proceeding.
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(a) An arbitrator may award punitive damages or other exemplary relief if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. (b) An arb…
AS 09.43.490 Confirmation of award.
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After a party to an arbitration proceeding receives notice of an award, the party may apply to the court for an order confirming the award, at which time the court shall issue a confirming order unless the award is modified or corrected under AS 09.43.470 or 09.43.510 or is vacat…
AS 09.43.500 Vacating award.
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(a) On application to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if (1) the award was procured by corruption, fraud, or other undue means; (2) there was (A) evident partiality by an arbitrator appointed as…
AS 09.43.510 Modification or correction of award.
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(a) On application made within 90 days after the applicant receives notice of the award under AS 09.43.460 or within 90 days after the applicant receives notice of a modified or corrected award under AS 09.43.470, the court shall modify or correct the award if (1) there was an ev…
AS 09.43.520 Judgment on award.
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On granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
AS 09.43.530 Jurisdiction.
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(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under AS 09.43…
AS 09.43.540 Venue.
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An application to the court under AS 09.43.320 shall be made in the court of the judicial district in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the judicial district in which it was held. Oth…
AS 09.43.550 Appeals.
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(a) An appeal may be taken from (1) an order denying an application to compel arbitration; (2) an order granting an application to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating a…
AS 09.43.560 Uniformity of application and construction.
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In applying and construing AS 09.43.300 — 09.43.595, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Arbitration Act.
AS 09.43.570 Relationship to Electronic Signatures in Global and National Commerce Act.
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The provisions of AS 09.43.300 — 09.43.595 governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of the records or signatures shall conform to the requirements of 15 U.S.C. 7002 (Electronic…
AS 09.43.580 Notice.
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(a) Except as otherwise provided in AS 09.43.300 — 09.43.595, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in the ordinary course of affairs, whether or not the other person acquires knowledge of the notice. (b) …
AS 09.43.590 Definitions.
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In AS 09.43.300 — 09.43.595, (1) “arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator; (2) “arbitrator” mean…
AS 09.43.595 Short title.
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AS 09.43.300 — 09.43.595 may be cited as the Revised Uniform Arbitration Act.
AS 09.45.010 Action to quiet title.
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A person in possession of real property, or a tenant of that person, may bring an action against another who claims an adverse estate or interest in the property for the purpose of determining the claim.
AS 09.45.015 Land adjoining highway reservation.
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(a) A conveyance of land after April 7, 1958, that, at the time the conveyance was made, adjoined a highway reservation listed in section 1 of Public Land Order 1613 of the Secretary of the Interior (April 7, 1958), is presumed to have conveyed land up to the center-line of the h…
AS 09.45.020 Action to establish boundaries.
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When a dispute exists between two or more owners of adjacent or contiguous lands concerning the boundary lines of their lands, an owner may bring an action for the purpose of having the dispute determined and the boundary lines ascertained and marked.
AS 09.45.030 Appointment of referees to establish and mark boundaries.
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[Repealed or reserved.]
AS 09.45.040 Oaths and report of referees.
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Before entering upon the discharge of their duties, the referees shall file a written oath to faithfully and impartially perform their duties. After designating the boundary lines by proper marks, they shall file with the court a report describing the location of the marks.
AS 09.45.050 Court action on the referees' report.
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The report may be confirmed unless a party excepts to the report. Upon the hearing, the court may confirm, modify, or set aside the report, and, in the latter case, may appoint new referees or refer the matter to the same referees with appropriate instructions.
AS 09.45.052 Adverse possession.
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Article 2. Forcible Entry and Detainer. (a) The uninterrupted adverse notorious possession of real property under color and claim of title for seven years or more, or the uninterrupted adverse notorious possession of real property for 10 years or more because of a good faith but …
AS 09.45.060 Prohibition of use of force for entry on realty.
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A person may not enter upon any land, tenement, or other real property except in cases where entry is given by law. In those cases the entry may not be made with force but only in a peaceable manner.