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16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions.
(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(1) waive or agree to vary the effect of the requirements of § 16-108-205(a), § 16-108-206(a), § 16-108-208, § 16-108-217(a), § 16-108-217(b), § 16-108-226, or § 16-108-228;
(2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding;
(3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or
(4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or § 16-108-203(a), § 16-108-207, § 16-108-214, § 16-108-218, § 16-108-220(d), § 16-108-220(e), § 16-108-222, § 16-108-223, § 16-108-224, § 16-108-225(a), § 16-108-225(b), § 16-108-230, or § 16-108-233.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-108-204
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 14e3b3aa64602e1742049bd6fecb182f7440a7bc8aa253ad117edb8a9bbcc233
Source location: content.xml paragraph 42969
Stored source content
16-108-204. Effect of agreement to arbitrate — Nonwaivable provisions.
(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(1) waive or agree to vary the effect of the requirements of § 16-108-205(a), § 16-108-206(a), § 16-108-208, § 16-108-217(a), § 16-108-217(b), § 16-108-226, or § 16-108-228;
(2) agree to unreasonably restrict the right under § 16-108-209 to notice of the initiation of an arbitration proceeding;
(3) agree to unreasonably restrict the right under § 16-108-212 to disclosure of any facts by a neutral arbitrator; or
(4) waive the right under § 16-108-216 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or § 16-108-203(a), § 16-108-207, § 16-108-214, § 16-108-218, § 16-108-220(d), § 16-108-220(e), § 16-108-222, § 16-108-223, § 16-108-224, § 16-108-225(a), § 16-108-225(b), § 16-108-230, or § 16-108-233.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-205. Application for judicial relief.
(a) Except as otherwise provided in § 16-108-228, an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this subchapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-205
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-206. Validity of agreement to arbitrate.
(a) 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 a contract.
(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-206
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-206. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-208. Provisional remedies.
(a) 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 extent and under the same conditions as if the controversy were the subject of a civil action.
(b) After an arbitrator is appointed and is authorized and able to act:
(1) the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and
(2) a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy.
(c) A party does not waive a right of arbitration by making a motion under subsection (a) or subsection (b).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-208. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-217. Witnesses — Subpoenas — Depositions — Discovery.
(a) 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 a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
(b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.
(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this State.
(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other informatio
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-217
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-217. This identifies an authority to review, not proof of applicability.