Title 7, Title 7 SPECIAL PROCEEDINGS AND ACTIONS

The definitions set forth in this section apply throughout this chapter.(1) "Arbitration organization" means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arb…

Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person ac…

(1) Before July 1, 2006, this chapter governs agreements to arbitrate entered into:(a) On or after January 1, 2006; and(b) Before January 1, 2006, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by this chapter.(2) On or…

(1) Except as otherwise provided in subsections (2) and (3) of this section, the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of this chapter to the extent permitted by law.(2) Before a controversy arises that is subject …

(1) Except as otherwise provided in RCW 7.04A.280, an application for judicial relief under this chapter must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.(2) Notice of an initial motion…

(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.(2) The c…

(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party oppo…

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same ext…

(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by…

(1) Except as otherwise provided in subsection (3) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:(a) There are separate…

(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 appointed fails or is unable to act and a s…

(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 any known facts that a reasonable per…

If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.[ 2005 c 433 s 13.]

(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 other immunity.(3) If an arbitrat…

(1) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the…

A party to an arbitration proceeding may be represented by a lawyer.[ 2005 c 433 s 16.]

(1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by…

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 RCW 7.04A.190. The successful party may file a motion to the court for an expedited order to confirm the …

(1) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceed…

(1) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:(a) Upon the grounds stated in RCW 7.04A.240(1) (a) or (c);(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parti…

(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized under the applicable 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…

After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected under RCW 7.04A.200 or 7.04A.240 or i…

(1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:(a) The award was procured by corruption, fraud, or other undue means;(b) There was:(i) Evident partiality by an arbitrator appointed as a neutral;(ii) Corruption by an arbitrator; or(iii…

(1) Upon motion filed within ninety days after the movant receives notice of the award in a record under RCW 7.04A.190 or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under RCW 7.04A.200, the co…

(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 recorded, docketed, and enforced as any other judgment in a civil action.(2) A cour…

(1) A court of this state having jurisdiction over the dispute 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 this chapter.…

A motion under RCW 7.04A.050 must be filed in the court of 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 of the county in which it was held. Otherwise, the motion must be filed in any …

(1) An appeal may be taken from:(a) An order denying a motion to compel arbitration;(b) An order granting a motion to stay arbitration;(c) An order confirming or denying confirmation of an award;(d) An order modifying or correcting an award;(e) An order vacating an award without …

The provisions of this chapter 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 signatures in…

This act takes effect January 1, 2006.[ 2005 c 433 s 51.]

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.[ 2005 c 433 s 29.]

This act does not affect an action or proceeding commenced or right accrued before January 1, 2006.[ 2005 c 433 s 31.]

(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…