Title 3, Remedies and Special Actions and Proceedings

(1) 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 fails, or an arbitrator designated or appointed fails or is unable …

(1) 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 in the arbitration proceeding any kno…

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 ORS 36.665 (3). [2003 c.598 §13] Note: See note under 36.600.

(1) An arbitrator or 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. (2) The immunity afforded by this section supplements any immunity under other law. (3) Th…

(1) 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 parties to the arbitration pro…

A party to an arbitration proceeding may be represented by a lawyer admitted to practice in this state or any other state. A corporation, business trust, partnership, limited liability company, association, joint venture or other legal or commercial entity may be represented by a…

(1) An arbitrator may administer oaths. An arbitrator or an attorney for any party to the arbitration proceeding may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing. A subpoena must be served in the manner for s…

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under ORS 36.685. A prevailing party may make a petition to the court for an expedited order to confirm the awa…

(1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. If the award requires the payment of money, including but not limited to payment of costs or attorney fees, the award must be acco…

(1) Upon request by a party to an arbitration proceeding, an arbitrator may modify or correct an award: (a) Upon a ground stated in ORS 36.710 (1)(a) or (c); (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitratio…

(1) 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 the legal standards otherwise applicable to the claim. (2) An…

(1) After a party to an arbitration proceeding receives notice of an award, the party may make a petition to the court for an order confirming the award. The party filing the petition must serve a copy of the petition on all other parties to the proceedings. The court shall issue…

(1) Upon petition to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (a) The award was procured by corruption, fraud or other undue means; (b) There was: (A) Evident partiality by an arbitrator appointed as…

(1) Upon petition filed within 20 days after the petitioner is served with a petition for confirmation of an award under ORS 36.700, the court shall modify or correct the award if: (a) There was an evident mathematical miscalculation or an evident mistake in the description of a …

(1) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be entered in the register and enforced as any other judgment in a civil action. (2) A …

(1) A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under ORS 36.600 to 36.740. …

A petition pursuant to ORS 36.615 must be made in the court for 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 for the county in which it was held. Otherwise, the petition may be made i…

(1) An appeal may be taken from: (a) An order denying a petition to compel arbitration. (b) An order granting a petition to stay arbitration. (c) A judgment entered pursuant to ORS 36.600 to 36.740, including but not limited to a judgment: (A) Confirming or denying confirmation o…

In applying and construing ORS 36.600 to 36.740, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [2003 c.598 §29] Note: See note under 36.600.

The provisions of ORS 36.600 to 36.740 governing the legal effect, validity and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures, conform to the requirements of Section 102 of the Electronic Signa…

ORS 37.020 to 37.410 may be cited as the Oregon Receivership Code. [2017 c.358 §1]

Receivership is the process by which a court appoints a person to take charge of property during the pendency of an action or upon a judgment or order entered therein and to manage or dispose of the property as the court may direct. [2017 c.358 §2]

As used in the Oregon Receivership Code: (1) “Affiliate” means: (a) With respect to an individual: (A) A companion of the individual; (B) A lineal ancestor or descendant, whether by blood or adoption, of the individual or a companion of the individual; (C) A companion of an ances…

(1) Except as otherwise provided by law, the Oregon Receivership Code applies to all receiverships initiated in a court of this state, except for: (a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver; an…

(1) A court may not appoint a receiver with respect to the following: (a) Personal property of an individual that is used primarily for personal, family or household purposes. (b) Property of an individual exempt from execution under the laws of this state. (c) Any power or inter…

(1) A court may appoint a receiver in the following cases, upon motion by any person or upon its own motion: (a) Before judgment, if the property that is the subject of the action, or rents or profits deriving from the property, are in danger of being lost or materially injured o…

(1) Any person, whether or not a resident of this state, may serve as a receiver, except for: (a) An entity that is not authorized to conduct business in this state; (b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has bee…

A court may not appoint a person as a receiver unless the person first: (1) Discloses whether the person: (a) Is an affiliate of a party to the receivership; (b) Has an interest materially adverse to an interest of a party to the receivership; (c) Has a material financial interes…

(1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that: (a) Is conditioned on the faithful discharge of the receiver’s duties; (b) Is in an amount that …

(1) The court appointing a receiver has: (a) Exclusive authority over the receiver; (b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court’…

(1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination: (a) Collect, control, manage, conserve and protect estate property; (b) Operate a business constituting estate property, including preservation,…

(1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver’s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036. (2) A receiver shall comply with applicable law. (3) If appointed with re…

(1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person. (2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall re…

(1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment. (2) A person who has notice of the appointment of a rece…

(1) An owner shall: (a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver’s duties, and comply with all orders of the court; (b) Supply to the receiver information necessary to enable the receiver to complete any sc…

(1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current maste…

(1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must: (A) Serve notice on all persons specified by the provision; (B) Serve notice on all persons on the special notice list; (C) File notice with the court; and (D) …

(1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section: (a) Sale or other disposition of real property; (b) Use or transfer …

(1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are di…

(1) A receiver shall file with the court a monthly report of the receiver’s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report un…

A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 §21]

(1) Except as otherwise ordered by the court, the entry of an order appointing a receiver operates as a stay, applicable to all persons, of: (a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or pro…

(1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days’ notice of any default or intention to alter, refuse or discontinue service to estate property. (2) Nothing in this section pr…

(1) A receiver may, upon order of the court, assume any executory contract of the owner. A receiver may, after giving notice, reject any executory contract of the owner. The court may condition assumption or rejection of any executory contract on terms and conditions that the cou…

(1) Upon court order, a receiver may use estate property outside the ordinary course of business. (2) Upon court order, a receiver may transfer estate property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the transfe…

(1) If a receiver is authorized to operate the business of a person or manage a person’s property, the receiver may obtain credit and incur debt in the ordinary course of business. Expenses related to such credit and debt are allowable under ORS 37.370 as an administrative expens…

A receiver may recover from property securing a secured claim the necessary costs and expenses of preserving, or disposing of, the property to the extent of any benefit to the holder of such claim, including the payment of all ad valorem property taxes with respect to the propert…

(1) A receiver, after giving notice, may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. (2) A receiver may not abandon property in contravention of a state sta…

(1) A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver. (2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to ot…

(1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by: (a) Failure of the receiver to comply with an order of th…