Chapter 5 — ARBITRATION AND AWARD

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]

5-101. History: G.S. 1968, ch. 5, § 1; R.S. 1923, § 5-101; Repealed, L. 1939, ch. 180, § 280; July 1. CASE ANNOTATIONS 1. Section cited in determining authority of probate judge pro tem, to solemnize marriages. State, ex rel., v. Anderson, 114 Kan. 297, 217 P. 327. Previous | Nex…

5-106. History: G.S. 1868, ch. 5, § 6; R.S. 1923, § 5-106; Repealed, L. 1939, ch. 180, § 280; July 1. CASE ANNOTATIONS 1. Order cannot be attacked collaterally; notice to parents not essential. Ackley v. Tinker, 26 Kan. 485. 2. Jurisdiction of probate court to bind out apprentice…

5-117. History: G.S. 1868, ch. 5, § 24; R.S. 1923, § 5-117; Repealed, L. 1939, ch. 180, § 280; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Schoo…

5-201. Submission of controversy. All persons who shall have any controversy or controversies may submit such controversy or controversies to the arbitration of any person or persons, to be mutually agreed upon by the parties, and they may make such submission a rule of any court…

5-202. Arbitration bonds. The parties to such submission may enter into arbitration bonds, which bonds shall be conditioned for the faithful performance of the award or umpirage, setting forth the name or names of the arbitrators or umpire and the matter or matters submitted to h…

5-203. Time and place of arbitration. Said arbitration bonds shall specify some certain time and place at which said arbitration shall be held, allowing said arbitrators or umpire liberty to adjourn from time to time until an award or umpirage be made; some certain time being spe…

5-204. Subpoenas for witnesses. The parties shall have the benefit of legal process to compel the attendance of witnesses, which process shall be issued by the clerk of the district court of any county in which said arbitration shall be held, and shall be returnable before the um…

5-205. Disobeying compulsory process, contempt. Any person disobeying such process, after being duly served therewith, shall be deemed guilty of contempt of the court from which such process issued, and on complaint made by the party injured to the district court whose clerk issu…

5-206. Oaths. The umpire or arbitrators and all witnesses for either party to such arbitration, examined by the umpire or arbitrators, shall be under oath or affirmation, to be administered by any district court judge of the proper county. History: L. 1876, ch. 102, § 6; R.S. 192…

5-207. Award. The award of the umpire or arbitrators, or a majority of them, shall be drawn up in writing, and signed by such umpire or arbitrators named in the submission, or a majority of them, and a true copy of said award or umpirage shall without delay be delivered by the um…

5-208. Noncompliance with award. If either of the parties shall refuse or neglect to comply with said award or umpirage, the other party may file the same, together with the submission or arbitration bond, in the court named in the submission, or if no particular court be named t…

5-209. Judgment and execution on award. Such court, at the next term thereof after filing the same as aforesaid, if no legal exceptions be made or taken to said award or other proceedings, and said award is for the payment of money, shall enter up judgment thereon as on a verdict…

5-210. Contempt. So far as said award or umpirage directs the performance of any act or thing other than the payment of money, the party disobeying the same shall be liable to be punished as for a contempt of court, either by attachment or execution as the nature of the case may …

5-211. Setting aside award. If any legal defects appear in the award or other proceedings, or if it shall be made to appear at the term of the court to which said award and arbitration are entered in said court, on oath or affirmation, that said award or umpirage was obtained by …

5-212. Proof by party enforcing award. In all cases, the party enforcing any award shall produce satisfactory proof to the court of the due execution of the submission or arbitration bond, and that the party refusing or neglecting to obey the award or umpirage hath been furnished…

5-213. Fees of arbitrators and umpires. Each person chosen and performing the duties of arbitrator or umpire under this act shall be entitled to receive one dollar ($1) per day for services; and every witness for attendance, and judge for administering oaths or affirmations, the …

[Repealed or reserved.]

5-401. History: L. 1973, ch. 24, § 1; L. 1977, ch. 25, § 1; L. 1987, ch. 38, § 1; L. 1995, ch. 155, § 2; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "The Arbitrator: As a Punisher and as a Professional," Robert J. Fowks, 47 J.B.A.K. 7, 10 (1978…

5-402. History: L. 1973, ch. 24, § 2; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Arbitration: Confirming Application of the Kansas Uniform Arbitration Act," Michael A. Schlueter, 24 W.L.J. 615, 623, 625 (1985). "Jurisdiction of Arbitrators to…

5-403. History: L. 1973, ch. 24, § 3; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEF…

5-404. History: L. 1973, ch. 24, § 4; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEF…

5-405. History: L. 1973, ch. 24, § 5; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Arbitration: Confirming Application of the Kansas Uniform Arbitration Act," Michael A. Schlueter, 24 W.L.J. 615, 626 (1985). CASE ANNOTATIONS 1. Common law modif…

5-406. History: L. 1973, ch. 24, § 6; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEF…

5-407. History: L. 1973, ch. 24, § 7; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Securities And Commodities Arbitration In Kansas", Diane Nygaard, 58 J.K.B.A. No. 10, 21, 22 (1989). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Pol…

5-408. History: L. 1973, ch. 24, § 8; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Party may, by its actions, waive right to object to award made after period provided for. U.S.D. No. 215 v. L. R. Foy Constr. Co., 237 Kan. 1, 3, 4, 697 P.2d 456 (1985). 2. Broad ar…

5-409. History: L. 1973, ch. 24, § 9; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Party may, by its actions, waive right to object to award made after period provided for. U.S.D. No. 215 v. L. R. Foy Constr. Co., 237 Kan. 1, 4, 697 P.2d 456 (1985). Previous | Nex…

5-410. History: L. 1973, ch. 24, § 10; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Purpose of UAA as enforcing arbitration agreements as matter of public policy without resort to courts stated. City of Lenexa v. C.L. Fairley Constr. Co., 245 Kan. 316, 318, 777 P.…

5-411. History: L. 1973, ch. 24, § 11; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Arbitration award upheld in state building construction controversy; no evidence that award obtained by fraud, corruption or undue means. Evans Electrical Constr. Co. v. University…

5-412. History: L. 1973, ch. 24, § 12; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "The Changing Face of Arbitration: What Once Was Old is New Again," James P. Buchele and Larry R. Rute, 72 J.K.B.A. No. 7, 36 (2003). "Jurisdiction of Arbitrator…

5-413. History: L. 1973, ch. 24, § 13; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Arbitration award upheld in state building construction controversy; no evidence that award obtained by fraud, corruption or undue means. Evans Electrical Constr. Co. v. University…

5-414. History: L. 1973, ch. 24, § 14; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

5-415. History: L. 1973, ch. 24, § 15; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

5-416. History: L. 1973, ch. 24, § 16; Repealed, L. 2018, ch. 90, § 35; July 1. CASE ANNOTATIONS 1. Where arbitration in Kansas not specified, compliance with construction industry arbitration rules satisfies statutory requirement for in-state arbitration. L. R. Foy Constr. Co., …

5-417. History: L. 1973, ch. 24, § 17; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

5-418. History: L. 1973, ch. 24, § 18; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Waiting for Judgment Day: Negotiating the Interlocutory Appeal in 8 Easy Lessons," Jonathan Paretsky, 78 J.K.B.A. No. 4, 30 (2009). CASE ANNOTATIONS 1. No right…

5-419. History: L. 1973, ch. 24, § 19; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Arbitration: Confirming Application of the Kansas Uniform Arbitration Act," Michael A. Schlueter, 24 W.L.J. 615 (1985). CASE ANNOTATIONS 1. Cited; act not retro…

5-420. History: L. 1973, ch. 24, § 20; Repealed, L. 2018, ch. 90, § 35; July 1. Law Review and Bar Journal References: "Jurisdiction of Arbitrators to Decide Their Own Jurisdiction: Competence-Competence in Kansas and MBNA America Bank N.A. v. Credit," Christopher R. Drahozal, 76…

5-421. History: L. 1973, ch. 24, § 21; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

5-422. History: L. 1973, ch. 24, § 22; Repealed, L. 2018, ch. 90, § 35; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USE…

5-423. Definitions. As used in K.S.A. 5-423 through 5-453, and amendments thereto: (a) "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…

5-424. Notice. (a) Except as otherwise provided in K.S.A. 5-423 through 5-453, and amendments thereto, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires kno…

5-425. When act applies. (a) K.S.A. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made on or after July 1, 2018. (b) K.S.A. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made before July 1, 2018, if all parties to th…

5-426. Effect of agreement to arbitrate; nonwaivable provisions. (a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or the parties may vary the effect of, the requirements of K.S.A. 5-423 thr…

5-427. Application for judicial relief. (a) Except as otherwise provided in K.S.A. 5-450, and amendments thereto, an application for judicial relief under K.S.A. 5-423 through 5-453, and amendments thereto, must be made by motion to the court and heard in the manner provided by l…

5-428. Validity of agreement to arbitrate. (a) An agreement contained in a record to submit to arbitration any 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 equi…

5-429. Motion to compel or stay arbitration. (a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate, pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, the court shall order t…

5-430. Provisional remedies. (a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion 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 arbitrati…