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La. Rev. Stat. § 9:4204 Appointment of arbitrators
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§4204. Appointment of arbitrators If, in the agreement, provision is made for a method of naming or appointing an arbitrator or arbitrators or an umpire, this method shall be followed. If no method is provided or if a method is provided and a party thereto fails to avail himself …
La. Rev. Stat. § 9:4205 Application heard as motion
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§4205. Application heard as motion Any application to the court under this Chapter shall be made and heard in the manner provided by law for the making and hearing of motions, except as otherwise herein expressly provided.
La. Rev. Stat. § 9:4206 Witnesses; summoning; compelling attendance; evidence
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§4206. Witnesses; summoning; compelling attendance; evidence A. When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators, s…
La. Rev. Stat. § 9:4207 Depositions
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§4207. Depositions Upon petition, approved by the arbitrators or by a majority of them, any court of record in and for the parish in which the arbitrators are sitting may direct the taking of depositions to be used as evidence before the arbitrators, in the same manner and for th…
La. Rev. Stat. § 9:4208 Award
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§4208. Award The award shall be in writing and shall be signed by the arbitrators or by a majority of them.
La. Rev. Stat. § 9:4209 Motion to confirm award; jurisdiction; notice
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§4209. Motion to confirm award; jurisdiction; notice At any time within one year after the award is made any party to the arbitration may apply to the court in and for the parish within which the award was made for an order confirming the award and thereupon the court shall grant…
La. Rev. Stat. § 9:4210 Motion to vacate award; grounds; rehearing
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§4210. Motion to vacate award; grounds; rehearing In any of the following cases the court in and for the parish wherein the award was made shall issue an order vacating the award upon the application of any party to the arbitration. A. Where the award was procured by corruption, …
La. Rev. Stat. § 9:4211 Motion to modify or correct award; grounds
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§4211. Motion to modify or correct award; grounds In any of the following cases the court in and for the parish wherein the award was made shall issue an order modifying or correcting the award upon the application of any party to the arbitration. A. Where there was an evident ma…
La. Rev. Stat. § 9:4212 Judgment upon award
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§4212. Judgment upon award Upon the granting of an order confirming, modifying, or correcting an award, judgment may be entered in conformity therewith in the court wherein the order was granted.
La. Rev. Stat. § 9:4213 Notice of motions; when made; service; stay of proceedings
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§4213. Notice of motions; when made; service; stay of proceedings Notice of a motion to vacate, modify, or correct an award shall be served upon the adverse party or his attorney within three months after the award is filed or delivered, as prescribed by law for service of a moti…
La. Rev. Stat. § 9:4214 Record; filing; judgment; effect and enforcement
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§4214. Record; filing; judgment; effect and enforcement Any party to a proceeding for an order confirming, modifying, or correcting an award shall, at the time the order is filed with the clerk for the entry of judgment thereon, also file the following papers with the clerk: (1) …
La. Rev. Stat. § 9:4215 Appeals
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§4215. Appeals An appeal may be taken from an order confirming, modifying, correcting, or vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.
La. Rev. Stat. § 9:4216 Limitation of application of Chapter
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§4216. Limitation of application of Chapter A. Nothing contained in this Chapter applies to contracts of employment of labor or to contracts for arbitration which are controlled by valid legislation of the United States or to contracts made prior to July 28, 1948. B. Nothing cont…
La. Rev. Stat. § 9:4217 Short title
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§4217. Short title This Chapter may be referred to as the "Louisiana Arbitration Law."
La. Rev. Stat. § 9:4230 Definitions
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§4230. Definitions As used in this Chapter, the terms listed below shall mean the following: (1) "Medical practitioner" means anyone issued a permit or licensed to practice under the provisions of Chapters 11, 13, or 15 of Title 37, when engaged in such practice, and shall includ…
La. Rev. Stat. § 9:4231 Voluntary arbitration; medical or dental practitioner and patient
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§4231. Voluntary arbitration; medical or dental practitioner and patient The decisions to enter into a medical or dental contract shall be voluntary on the part of the patient, and on the part of the medical or dental practitioner. If both parties voluntarily agree to enter such …
La. Rev. Stat. § 9:4232 Voluntary arbitration; patient and medical institution
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§4232. Voluntary arbitration; patient and medical institution A provision in any medical contract between a patient and medical institution, under which the parties agree to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perfo…
La. Rev. Stat. § 9:4233 Selection of arbitrators; qualifications; restrictions
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§4233. Selection of arbitrators; qualifications; restrictions If an arbitration contract contains a provision which permits a physician, dentist, or medical institution to appoint one or more arbitrators, then the contract shall also provide that the patient shall have the right …
La. Rev. Stat. § 9:4234 Arbitration procedure; controversies involving medical contracts and dental contracts
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§4234. Arbitration procedure; controversies involving medical contracts and dental contracts Proceedings in arbitration of controversies involving medical contracts and dental contracts shall be governed by the provisions of the Louisiana Arbitration Law, R.S. 9:4201 et seq. Adde…
La. Rev. Stat. § 9:4235 Notification to patient
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§4235. Notification to patient Prior to obtaining a patient's signature on an arbitration agreement, the medical or dental practitioner or medical institution shall inform the patient in writing that: (1) the patient has the right to void the agreement within thirty days of execu…
La. Rev. Stat. § 9:4236 Expiration of contract
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§4236. Expiration of contract A medical or dental contract provided in this Chapter shall expire no later than five years from the date of inception. Nevertheless any dispute arising from an act or omission occurring during the term of this contract shall be resolved in accordanc…
La. Rev. Stat. § 9:4241 Scope of application
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§4241. Scope of application A. This Chapter applies to international commercial arbitration, subject to any agreement in force between the United States and any other country or countries. B. The provisions of this Chapter, except R.S. 9:4248, 4249, 4275, and 4276, apply only if …
La. Rev. Stat. § 9:4242 Definitions and rules of interpretation
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§4242. Definitions and rules of interpretation A. For the purposes of this Chapter: (1) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution. (2) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators. (3) "Court" mean…
La. Rev. Stat. § 9:4243 Receipt of written communications
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§4243. Receipt of written communications A. Unless otherwise agreed by the parties: (1) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address.…
La. Rev. Stat. § 9:4244 Waiver of right to object
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§4244. Waiver of right to object A party who knows that any provision of this Chapter from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to the nonco…
La. Rev. Stat. § 9:4245 Extent of court intervention
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§4245. Extent of court intervention In matters governed by this Chapter, no court shall intervene except when provided for in this Chapter. Acts 2006, No. 795, §1.
La. Rev. Stat. § 9:4246 Court; functions of arbitration assistance and supervision
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§4246. Court; functions of arbitration assistance and supervision The procedures provided in R.S. 9:4251(C) and (D), 4253(C), 4254, 4256(C), and 4274(B) shall be performed by a state or federal district court in this state with jurisdiction over civil actions in which the arbitra…
La. Rev. Stat. § 9:4247 Definition and form of arbitration agreement
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§4247. Definition and form of arbitration agreement A. An arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not…
La. Rev. Stat. § 9:4248 Arbitration agreement and substantive claim before court
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§4248. Arbitration agreement and substantive claim before court A. A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispu…
La. Rev. Stat. § 9:4249 Arbitration agreement and interim measures by court
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§4249. Arbitration agreement and interim measures by court It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant the measure. Acts 2006, No. 795, §…
La. Rev. Stat. § 9:4250 Number of arbitrators
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§4250. Number of arbitrators The parties are free to determine the number of arbitrators. However, if they do not make a determination, the number of arbitrators shall be three. Acts 2006, No. 795, §1.
La. Rev. Stat. § 9:4251 Appointment of arbitrators
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§4251. Appointment of arbitrators A. No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties. B. The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisi…
La. Rev. Stat. § 9:4252 Grounds for challenge
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§4252. Grounds for challenge A. When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appo…
La. Rev. Stat. § 9:4253 Challenge procedure
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§4253. Challenge procedure A. The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of Subsection C of this Section. B. Failing an agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming a…
La. Rev. Stat. § 9:4254 Failure or impossibility to act
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§4254. Failure or impossibility to act A. If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwi…
La. Rev. Stat. § 9:4255 Appointment of substitute arbitrator
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§4255. Appointment of substitute arbitrator When the mandate of an arbitrator terminates in accordance with R.S. 9:4253 or 4254 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other ca…
La. Rev. Stat. § 9:4256 Competence of arbitral tribunal to rule on its jurisdiction
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§4256. Competence of arbitral tribunal to rule on its jurisdiction A. The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part …
La. Rev. Stat. § 9:4257 Power of arbitral tribunal to order interim measures
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§4257. Power of arbitral tribunal to order interim measures Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take interim measures of protection as the arbitral tribunal may consider necessary in respect of the subje…
La. Rev. Stat. § 9:4258 Equal treatment of parties
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§4258. Equal treatment of parties The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. Acts 2006, No. 795, §1.
La. Rev. Stat. § 9:4259 Determination of rules of procedure
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§4259. Determination of rules of procedure A. Subject to the provisions of this Chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. B. Failing an agreement, the arbitral tribunal may, subject to the provis…
La. Rev. Stat. § 9:4260 Place of arbitration
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§4260. Place of arbitration A. The parties are free to agree on the place of arbitration. Failing an agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties. B. Notwi…
La. Rev. Stat. § 9:4261 Commencement of arbitral proceedings
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§4261. Commencement of arbitral proceedings Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. Acts 2006, No. 795…
La. Rev. Stat. § 9:4262 Language
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§4262. Language A. The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing an agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless other…
La. Rev. Stat. § 9:4263 Statements of claim and defense
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§4263. Statements of claim and defense A. Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defen…
La. Rev. Stat. § 9:4264 Hearings and written proceedings
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§4264. Hearings and written proceedings A. Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument or whether the proceedings shall be conducted on the basis of docume…
La. Rev. Stat. § 9:4265 Default of a party
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§4265. Default of a party Unless otherwise agreed by the parties, if, without showing sufficient cause: (1) The claimant fails to communicate his statement of claim in accordance with R.S. 9:4263(A), the arbitral tribunal shall terminate the proceedings. (2) The respondent fails …
La. Rev. Stat. § 9:4266 Expert appointed by arbitral tribunal
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§4266. Expert appointed by arbitral tribunal A. Unless otherwise agreed by the parties, the arbitral tribunal: (1) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal. (2) May require a party to give the expert any relevant…
La. Rev. Stat. § 9:4267 Court assistance in taking evidence
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§4267. Court assistance in taking evidence The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this state assistance in taking evidence. The court may execute the request within its competence and according to its rule…
La. Rev. Stat. § 9:4268 Rules applicable to substance of dispute
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§4268. Rules applicable to substance of dispute A. The arbitral tribunal shall decide the dispute in accordance with the rules of law as chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given country shall be con…
La. Rev. Stat. § 9:4269 Decisionmaking by panel of arbitrators
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§4269. Decisionmaking by panel of arbitrators In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a …
