NCJ Number
96283
Journal
Missouri Journal of Dispute Resolution Volume: 1984 Dated: (1984) Pages: 207-281
Editor(s)
J W Bates
Date Published
1984
Length
74 pages
Annotation
This paper explains the principles underlying court decisions interpreting the Uniform Arbitration Act (UAA) and provides a framework for analyzing future cases.
Abstract
Variations on the UAA are considered, and Iowa's decision that its judiciary should interpret the statute without regard to the interpretation of other jurisdictions is discussed. Four considerations that may affect the validity of an arbitration agreement are considered: (1) whether the arbitration statute should be construed to avoid statutory exceptions; (2) whether principles of construction found in contract law should be applied in arbitration agreements; (3) when the defense of the invalidity of the arbitration agreement may be raised; and (4) whether public policies outside the arbitration statute restrict the enforceability of agreements. Attention is focused on instances when the right to demand arbitration may be waived; waiver based upon dilatory conduct and waiver limited by an agreement between the parties are analyzed. The arbitrability of a dispute is addressed, and steps which must be taken to analyze the arbitration agreement are discussed, including determining the breadth of the arbitration clause and the authority of the arbitrator. The issue of severability, which may arise when a claim is not arbitrable, is considered, and proceedings to compel or stay arbitration are described. Grounds for attacking an award are examined, and confirmation and vacation of awards are detailed. The courts are shown to be promoting the finality and binding effect of arbitration awards by restricting the ability of a challenger to attack the award. Included are 675 references.