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MA H27

MA H27
Revising the Uniform Arbitration Act for commercial disputes


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

So much of the recommendations of the Commission on Uniform State Laws (House, No. 22) as relates to revising the Uniform Arbitration Act for commercial disputes . The Judiciary.

AI Summary

This bill revises Chapter 251 of the General Laws, known as the Uniform Arbitration Act for commercial disputes, to modernize and clarify the rules governing arbitration. It defines key terms like "arbitration organization" and "arbitrator," and establishes how parties will receive notice in arbitration proceedings. The bill clarifies that it applies to arbitration agreements made on or after its effective date, and also to agreements made before that date if all parties agree. It outlines which provisions of the act can and cannot be waived by parties, ensuring fundamental rights are protected, such as the right to legal representation in most arbitration proceedings. The bill details procedures for initiating arbitration, consolidating separate proceedings, appointing arbitrators, and the disclosure requirements for arbitrators to ensure impartiality, with consequences for non-disclosure. It also grants arbitrators broad powers to manage proceedings, issue subpoenas, and allow for discovery, while also providing immunity to arbitrators and arbitration organizations from civil liability, similar to judges. The bill sets forth rules for issuing awards, including the ability to modify or correct them, and specifies grounds for a court to confirm, vacate, or modify an award, such as corruption, fraud, evident partiality of an arbitrator, or exceeding their powers. It also establishes procedures for judicial enforcement of arbitration agreements and awards, and outlines the appeal process for court decisions related to arbitration. Finally, the bill aims to promote uniformity with other states that adopt similar arbitration laws and ensures compliance with federal electronic signature laws.

Committee Categories

Justice

Sponsors (0)

No sponsors listed

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

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