Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS

(1) This chapter applies to international commercial arbitration, subject to any agreement between the United States and any other country or countries.(2) The provisions of this chapter, except RCW 7.05.090, 7.05.100, 7.05.260, 7.05.270, 7.05.280, 7.05.460, and 7.05.470, apply o…

(1) For the purpose of this chapter:(a) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution.(b) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.(c) "Commercial" means matters arising from all relationships of a…

(1) In the interpretation of this chapter, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.(2) Questions concerning matters governed by this chapter which are not expressly settled in it are…

(1) Unless otherwise agreed by the parties:(a) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee's place of business, habitual residence, or mailing address. If none of these can be foun…

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 the party's objection to such noncompliance without undue d…

In matters governed by this chapter, no court shall intervene except where so provided in this chapter.[ 2015 c 276 s 6.]

(1) The functions referred to in RCW 7.05.120 (3) and (4), 7.05.140(3), 7.05.150, 7.05.170(3), and 7.05.450(2) shall be performed by the superior court of the county in which the agreement to arbitrate is to be performed or was made.(2) If the arbitration agreement does not speci…

(1) For the purposes of this chapter, "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. An arbitration a…

(1) 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 the party's first statement on the substance of the dispute, refer the parties to arbitration unless it finds th…

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 such measure.[ 2015 c 276 s 10.]

(1) The parties are free to determine the number of arbitrators.(2) Failing such determination, the number of arbitrators shall be three.(3) An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or co…

(1) No person shall be precluded by reason of the person's nationality from acting as an arbitrator, unless otherwise agreed by the parties.(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of subsections (4) a…

(1) When a person is approached in connection with the person's possible appointment as an arbitrator, the person shall disclose any circumstances likely to give rise to justifiable doubts as to the person's impartiality or independence. An arbitrator, from the time of the arbitr…

(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3) of this section.(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constituti…

(1) If an arbitrator becomes de jure or de facto unable to perform the arbitrator's functions or for other reasons fails to act without undue delay, the arbitrator's mandate terminates if the arbitrator withdraws from the arbitrator's office or if the parties agree on the termina…

Where the mandate of an arbitrator terminates under RCW 7.05.140 or 7.05.150 or because of the arbitrator's withdrawal from office for any other reason or because of the revocation of the arbitrator's mandate by agreement of the parties or in any other case of termination of the …

(1) 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 of a contract shall be treated as an agreement independent of the …

(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.(2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award b…

(1) The party requesting an interim measure under RCW 7.05.180(2) (a), (b), and (c) shall satisfy the arbitral tribunal that:(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm …

(1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.(2) The arbitral …

(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary ord…

The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.[ 2015 c 276 s 22.]

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless …

(1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that a…

The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have bee…

(1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the superior court, irrespective of the country in which it was issued, subject to the provisions of RCW 7.05…

(1) Recognition or enforcement of an interim award may be refused only:(a) At the request of the party against whom it is invoked if the court is satisfied that:(i) Such refusal is warranted on the grounds set forth in RCW 7.05.470(1)(a) (i), (ii), (iii), or (iv);(ii) The arbitra…

A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territory of this state, as it has in relation to proceedings in courts. The court shall exercise such power in accordance with it…

The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.[ 2015 c 276 s 29.]

(1) 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.(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitr…

(1) The parties are free to agree on the place of arbitration. Failing such 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.(2) Notwithstanding the provisions…

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.[ 2015 c 276 s 32.]

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specifie…

(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the point at issue, and the relief or remedy sought, and the respondent shall state its defense in respect of these particulars, un…

(1) 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 documents and other materials. However, unle…

Unless otherwise agreed by the parties, if, without showing sufficient cause:(1) The claimant fails to communicate its statement of claim in accordance with RCW 7.05.340(1), the arbitral tribunal shall terminate the proceedings;(2) The respondent fails to communicate its statemen…

(1) Unless otherwise agreed by the parties, the arbitral tribunal:(a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and(b) May require a party to give the expert any relevant information or to produce, or to provide …

(1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.(2) When the parties to two or …

(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as direc…

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 presiding arbitrator, if so authorized by the …

(1) 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 agreed terms.(2) An …

(1) The award shall be made in writing and shall be signed by the arbitrator or 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 for any omitted signa…

(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section.(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:(a) The claimant withdraws …

(1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties:(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors…

(1) Recourse to the superior court against an arbitral award may be made only by an application for setting aside in accordance with subsections (2) and (3) of this section.(2) An arbitral award may be set aside by the superior court only if:(a) The party making the application f…

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the superior court, shall be enforced subject to the provisions of this section and of RCW 7.05.470.(2) The party relying on an award or app…

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:(a) At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof t…