Title 9, Civil Code-Ancillaries

0 chapters · 2,355 sections in this title.

2,355 sectionsFiltered byTitle 9

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. § 9:426 REPEALED BY ACTS 1991, NO
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§426. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
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 …
La. Rev. Stat. § 9:427 REPEALED BY ACTS 1991, NO
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§427. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:4270 Settlement
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§4270. Settlement A. If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agr…
La. Rev. Stat. § 9:4271 Form and contents of award
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§4271. Form and contents of award A. The award shall be made in writing and shall be signed by the arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason fo…
La. Rev. Stat. § 9:4272 Termination of proceedings
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§4272. Termination of proceedings A. The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with Subsection B of this Section. B. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings w…
La. Rev. Stat. § 9:4273 Correction and interpretation of award; additional award
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§4273. Correction and interpretation of award; additional award A. Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (1) A party, with notice to the other party, may request the arbitral tribunal to correct in the award…
La. Rev. Stat. § 9:4274 Application for setting aside as exclusive recourse against arbitral award
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§4274. Application for setting aside as exclusive recourse against arbitral award A. Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with Subsections B and C of this Section. B. An arbitral award may be set aside by…
La. Rev. Stat. § 9:4275 Recognition and enforcement
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§4275. Recognition and enforcement A. An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced in accordance with this Section and R.S. 9:4276. B. The party relyi…
La. Rev. Stat. § 9:4276 Grounds for refusing recognition or enforcement
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§4276. Grounds for refusing recognition or enforcement A. Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: (1) At the request of the party against whom it is invoked, if that party furnishes to the competent c…
La. Rev. Stat. § 9:428 REPEALED BY ACTS 1991, NO
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§428. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:429 REPEALED BY ACTS 1991, NO
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§429. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:430 REPEALED BY ACTS 1991, NO
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§430. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:4301 REPEALED BY ACTS 1989, No
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§4301. REPEALED BY ACTS 1989, No. 137, §19, EFF. SEPT. 1, 1989.
La. Rev. Stat. § 9:4302 REPEALED BY ACTS 1989, NO
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§4302. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
La. Rev. Stat. § 9:4303 REPEALED BY ACTS 1989, NO
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§4303. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
La. Rev. Stat. § 9:4304 REPEALED BY ACTS 1989, NO
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§4304. REPEALED BY ACTS 1989, NO. 137, §19, EFF. SEPT. 1, 1989.
La. Rev. Stat. § 9:431 REPEALED BY ACTS 1991, NO
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§431. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:432 REPEALED BY ACTS 1991, NO
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§432. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:4321 Repealed by Acts 2001, No
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§4321. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4322 Repealed by Acts 2001, No
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§4322. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4323 Repealed by Acts 2001, No
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§4323. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4323.1 Repealed by Acts 2001, No
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§4323.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4324 Repealed by Acts 2001, No
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§4324. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:433 REPEALED BY ACTS 1991, NO
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§433. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:4330 Repealed by Acts 2001, No
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§4330. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4331 Repealed by Acts 2001, No
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§4331. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4331.1 Repealed by Acts 2001, No
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§4331.1. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4332 Repealed by Acts 2001, No
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§4332. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4333 Repealed by Acts 2001, No
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§4333. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:4334 Repealed by Acts 2001, No
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§4334. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.
La. Rev. Stat. § 9:434 REPEALED BY ACTS 1991, NO
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§434. REPEALED BY ACTS 1991, NO. 235, §17, EFF. JAN. 1, 1992.
La. Rev. Stat. § 9:4341 Repealed by Acts 2001, No
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§4341. Repealed by Acts 2001, No. 128, §18, eff. July 1, 2001.