Title XXVIII — CONTRACTS AND CONTRACTUAL RELATIONS

435.012. Notice, contents of, effect of insufficient notice. — 1. In order to insure that all parties to an arbitration proceeding are aware of their rights under the provisions of sections 435.350 to 435.470, the notification served upon the parties by the arbitrator pursuant to…

435.014. Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential. — 1. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation or mediation, then no person who se…

435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arisi…

435.355. Proceedings to compel or stay arbitration. — 1. On application of a party showing an agreement described in section 435.350, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the…

435.360. Appointment of arbitrators by court. — If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed…

435.365. Majority action by arbitrators. — The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by sections 435.350 to 435.470. ­­-------- (L. 1980 H.B. 1203 § 4)

435.370. Hearing. — Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hea…

435.375. Representation by attorney. — A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470. A waiver thereof prior to the proceeding or hearing is ineffective. ­­-------- (L. 1980 H.B. 1203 § 6)

435.380. Witnesses, subpoenas, depositions. — 1. The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued sha…

435.385. Award. — 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. 2. An award shall be made within the time fixed therefor by…

435.390. Change of award by arbitrators. — On application of a party or, if an application to the court is pending under section 435.400, 435.405 or 435.410, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or …

435.395. Fees and expenses of arbitration. — Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. …

435.400. Confirmation of an award. — Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections…

435.405. Vacating an award — de novo judicial review, when. — 1. Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or c…

435.410. Modification or correction of award. — 1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake in the d…

435.415. Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined. — 1. Except as provided in subsection 2 of this section, upon the granting of an order confirming, modifying or correcting …

435.420. Judgment roll, docketing. — 1. On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the award; (2) The award; (3) A copy …

435.425. Applications to court. — Except as otherwise provided, an application to the court under sections 435.350 to 435.470 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…

435.430. Court, jurisdiction. — The term "court" means any court of competent jurisdiction of this state. The making of an agreement described in section 435.350 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under sections 435.…

435.435. Venue. — An initial application shall be made to the circuit court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the cou…

435.440. Appeals. — 1. An appeal may be taken from: (1) An order denying an application to compel arbitration made under section 435.355; (2) An order granting an application to stay arbitration made under subsection 2 of section 435.355; (3) An order confirming or denying confir…

435.445. Act not retroactive. — Sections 435.350 to 435.470 apply only to agreements made subsequent to the taking effect of sections 435.350 to 435.470. ­­-------- (L. 1980 H.B. 1203 § 20)

435.450. Uniformity of interpretation. — Sections 435.350 to 435.470 shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. ­­-------- (L. 1980 H.B. 1203 § 21)

435.455. Constitutionality. — If any provision of sections 435.350 to 435.470 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of sections 435.350 to 435.470 which can be given without the i…

435.460. Notice of arbitration provisions required. — Each contract subject to the provisions of sections 435.350 to 435.470 shall include adjacent to, or above, the space provided for signatures a statement, in ten point capital letters, which read substantially as follows: "THI…

435.465. Application of law. — 1. Sections 435.350 to 435.470 shall apply only to written agreements between commercial persons, or between such persons and those with whom they contract other than commercial persons, involving the submission of any existing controversy to arbitr…

435.470. Short title. — Sections 435.350 to 435.470 may be cited as the "Uniform Arbitration Act". ­­-------- (L. 1980 H.B. 1203 § 25)