Chapter 5, ARBITRATION AND AWARD

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 …

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…

5-431. Initiation of arbitration. (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 rec…

5-432. Consolidation of separate arbitration proceedings. (a) Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or so…

5-433. Appointment of arbitrator; service as a neutral arbitrator. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method …

5-434. Disclosure by arbitrator. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any …

5-435. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under K.S.A. 5-437(c), and amendments thereto. History: L. 2018, ch. 90, § 13; July 1.

5-436. Arbitrator immunity; competency to testify; attorney fees and costs. (a) 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 th…

5-437. Arbitration process. (a) An arbitrator may conduct an arbitration in such manner as 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 pa…

5-438. Representation by lawyer. A party to an arbitration proceeding may be represented by a lawyer. History: L. 2018, ch. 90, § 16; July 1.

5-439. Witnesses; subpoenas; depositions; discovery. (a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoen…

5-440. Judicial enforcement of pre-award ruling by arbitrator. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under K.S.A. 5-441, and amendments thereto. A p…

5-441. Award. (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…

5-442. Change of award by arbitrator. (a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in K.S.A. 5-446(a)(1) or (3), and amendments thereto; (2) because the arbitrator has not made a fi…

5-443. Remedies; fees and expenses of arbitration proceeding. (a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under…

5-444. Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party may make a motion 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 purs…

5-445. Vacating award. (a) Upon motion 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 ar…

5-446. Modification or correction of award. (a) Upon motion made within 90 days after the movant receives notice of the award pursuant to K.S.A. 5-441, and amendments thereto, or within 90 days after the movant receives notice of a modified or corrected award pursuant to K.S.A. 5…

5-447. Judgment on award; attorney fees and litigation expenses. (a) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and e…

5-448. Jurisdiction. (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…

5-449. Venue. A motion pursuant to K.S.A. 5-427, and amendments thereto, must be made in the court of the county 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 county in which it was held. …

5-450. Appeals. (a) An appeal may be taken from: (1) An order denying a motion to compel arbitration; (2) an order granting a motion to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacat…

5-451. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2018, ch. 90, § 29; July 1.

5-452. Relationship to electronic signatures in global and national commerce act. The provisions of K.S.A. 5-423 through 5-453, and amendments thereto, governing the legal effect, validity and enforceability of electronic records or electronic signatures and of contracts performe…

5-453. Savings clause. K.S.A. 5-423 through 5-453, and amendments thereto, do not affect an action or proceeding commenced or right accrued before K.S.A. 5-423 through 5-453, and amendments thereto, take effect. Subject to K.S.A. 5-425, and amendments thereto, an arbitration agre…

5-501. Citation of act; application. (a) K.S.A. 5-501 through 5-516, and amendments thereto, shall be known and may be cited as the dispute resolution act. (b) The dispute resolution act shall apply to registered and approved programs and individuals, and personnel thereof, to pa…

5-502. Definitions. As used in the dispute resolution act: (a) "Registered programs" and "registered individuals" refer to those programs and individuals who have registered with the director of dispute resolution and are eligible to apply for public funding or approval from the …

5-503. Director of dispute resolution; appointment. The director of dispute resolution shall be appointed by the judicial administrator and work for the office of judicial administration. The director of dispute resolution shall be in the unclassified service under the Kansas civ…

5-504. Advisory council on dispute resolution; members; terms, election of officers. (a) The advisory council on dispute resolution is hereby created. The council shall be comprised of individuals from a variety of disciplines who are trained and knowledgeable in dispute resoluti…

5-505. Same; duties and functions; meeting requirements; subcommittees. (a) The council shall: (1) Advise the director on the administration of the dispute resolution act and on policy development therefor; (2) assist the director in providing technical assistance to programs, in…

5-506. Director's duties; annual report. (a) Consistent with provisions of the dispute resolution act and the rules of the supreme court adopted pursuant to the dispute resolution act, and in consultation with the council, the director shall: (1) Make information on dispute resol…