- Introduced -

SB 1021 - This act substantially revises the Uniform Arbitration Act (UAA) and is referred to as the Revised Uniform Arbitration Act (RUAA).

The revisions substantially redefine the process of arbitration and permits growth and change. The UAA contained provisions requiring a "paper" process whereas the RUAA envisions the ability to handle any or all aspects of the arbitration process electronically.

The scope of the RUAA is expanded to include areas not previously addressed by the UAA. These include:

- Arbitrability of causes of action (Section 435.027);

- Authority of arbitrators to grant pre-award orders (Section 435.031);

- The procedure for commencement of arbitration (Section 435.032);

- Consolidation of arbitration proceedings (Section 435.034);

- An arbitrator's required disclosure of potential conflicts (Section 435.038);

- The grant of immunity to arbitrators (Section 435.041);

- The ability of an arbitrator to hold a pre-conference (Section 435.043);

- The ability of an arbitrator to issue and enforce subpoenas (Section 435.047);

- The ability of an arbitration to order and set the scope of discovery (Section 435.047);

- Court enforcement of pre-award rulings (Section 435.049);

- The ability of the arbitrator to award attorney's fees and punitive damages if those remedies are authorized by civil action (Section 435.055);

Any agreements entered into after August 28, 2002, will be governed by the RUAA. Until August 28, 2004, agreements entered into prior August 28, 2002, may proceed under either the RUAA or the UAA. After August 28, 2004, all agreements will operate under the RUAA.

CINDY KADLEC