 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : CONTRACTS AND CONTRACTUAL RELATIONS
Chapter : Chapter 435 Arbitration
|
|
1. Upon application made within ninety days after delivery of a
copy of the award to the applicant, the court shall modify or correct the
award where:
(1) There was an evident miscalculation of figures or an evident mistake
in the description of any person, thing or property referred to in the
award;
(2) The arbitrators have awarded upon a matter not submitted to them and
the award may be corrected without affecting the merits of the decision
upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits
of the controversy.
2. If the application is granted, the court shall modify and correct the
award so as to effect its intent and shall confirm the award as so
modified and corrected. Otherwise, the court shall confirm the award as
made.
3. An application to modify or correct an award may be joined in the
alternative with an application to vacate the award. (L. 1980 H.B. 1203 §
13)
Upon the granting of an order confirming, modifying or
correcting an award, judgment or decree shall be entered in conformity
therewith and be enforced as any other judgment or decree. Costs of the
application and of the proceedings subsequent thereto, and disbursements
may be awarded by the court. (L. 1980 H.B. 1203 § 14)
1. On entry of judgment or decree, the clerk shall prepare the
judgment roll consisting, to the extent filed, of the following:
(1) The agreement and each written extension of the time within which to
make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the judgment or decree.
2. The judgment or decree may be docketed as if rendered in an action.
(L. 1980 H.B. 1203 § 15)
Except as otherwise provided, an application to the court under
sections 435.350 to 435.470 shall be by motion and shall be heard in the
manner and upon the notice provided by law or rule of court for the
making and hearing of motions. Unless the parties have agreed otherwise,
notice of an initial application for an order shall be served in the
manner provided by law for the service of a summons in an action. (L.
1980 H.B. 1203 § 16)
The term "court" means any court of competent jurisdiction of
this state. The making of an agreement described in section 435.350
providing for arbitration in this state confers jurisdiction on the court
to enforce the agreement under sections 435.350 to 435.470 and to enter
judgment on an award thereunder. (L. 1980 H.B. 1203 § 17)
An initial application shall be made to the circuit court of the
county in which the agreement provides the arbitration hearing shall be
held or, if the hearing has been held, in the county in which it was
held. Otherwise the application shall be made in the county where the
adverse party resides or has a place of business or, if he has no
residence or place of business in this state, to the circuit court of
Cole County. All subsequent applications shall be made to the court
hearing the initial application unless the court otherwise directs. (L.
1980 H.B. 1203 § 18)
1. An appeal may be taken from:
(1) An order denying an application to compel arbitration made under
section 435.355;
(2) An order granting an application to stay arbitration made under
subsection 2 of section 435.355;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A judgment or decree entered pursuant to the provisions of sections
435.350 to 435.470.
2. The appeal shall be taken in the manner and to the same extent as from
orders or judgments in a civil action. (L. 1980 H.B. 1203 § 19)
Sections 435.350 to 435.470 apply only to agreements made
subsequent to the taking effect of sections 435.350 to 435.470. (L. 1980
H.B. 1203 § 20)
Sections 435.350 to 435.470 shall be so construed as to
effectuate its general purpose to make uniform the law of those states
which enact it. (L. 1980 H.B. 1203 § 21)
If any provision of sections 435.350 to 435.470 or the
application thereof to any person or circumstance is held invalid, the
invalidity shall not affect other provisions or applications of sections
435.350 to 435.470 which can be given without the invalid provision or
application, and to this end the provisions of sections 435.350 to
435.470 are severable. (L. 1980 H.B. 1203 § 22)
Each contract subject to the provisions of sections 435.350 to
435.470 shall include adjacent to, or above, the space provided for
signatures a statement, in ten point capital letters, which read
substantially as follows: "THIS CONTRACT CONTAINS A BINDING ARBITRATION
PROVISION WHICH MAY BE ENFORCED BY THE PARTIES." (L. 1980 H.B. 1203 § 23)
(1985) Provisions of this section may not be applied to defeat the
arbitration provision of a contract within the coverage of the Federal
Arbitration Act (Maritime transactions or transactions involving
commerce). Bunge Corp. v. Perryville Feed & Produce (Mo. banc), 685
S.W.2d 837.
(1985) Held to be invalid when applied to commercial contracts involving
interstate commerce pursuant to preemption by the Federal Arbitration
Act, 9 U.S.C. §§ 1-14 (1982). Bunge Corp. v. Perryville Feed and Produce
Co., (Mo. banc) 685 S.W.2d 837.
1. Sections 435.350 to 435.470 shall apply only to written
agreements between commercial persons, or between such persons and those
with whom they contract other than commercial persons, involving the
submission of any existing controversy to arbitration, or involving a
written contract between commercial persons, or between such persons and
those with whom they contract other than commercial persons, to submit to
arbitration any controversy thereafter arising between such parties. Such
agreements and provisions are valid, enforceable and irrevocable, save
upon such grounds as exist at law or in equity for the revocation of any
contract.
2. As used in subsection 1 of this section, the term "commercial persons"
shall mean all persons and legal entities, excluding any government or
governmental subdivision or agency. (L. 1980 H.B. 1203 § 24, A.L. 1995
H.B. 189, A.L. 1997 S.B. 243)
Sections 435.350 to 435.470 may be cited as the "Uniform
Arbitration Act". (L. 1980 H.B. 1203 § 25)
1. In order to insure that all parties to an arbitration
proceeding are aware of their rights under the provisions of sections
435.350 to 435.470, the notification served upon the parties by the
arbitrator pursuant to subdivision (1) of section 435.370 shall contain a
clear and concise statement of the issue subject to arbitration, if such
has been agreed upon, and a statement advising the parties of their
rights under sections 435.350 to 435.470 including, but not limited to:
(1) The right to be represented by an attorney;
(2) The right to seek subpoenas for the attendance of witnesses and
subpoenas duces tecum;
(3) The right to be heard, to present evidence and cross-examine
witnesses;
(4) The right to adjournment for good cause.
2. The notification shall include a brief statement detailing the name,
experience and educational background of each neutral arbitrator.
3. Failure of the arbitrator, agent or sponsoring organization to provide
notification as required by subsections 1 and 2 of this section shall be
grounds for continuing the arbitration hearing for a period of at least
ten days. (L. 1986 H.B. 887 § 1)
1. If all the parties to a dispute agree in writing to submit
their dispute to any forum for arbitration, conciliation or mediation,
then no person who serves as arbitrator, conciliator or mediator, nor any
agent or employee of that person, shall be subpoenaed or otherwise
compelled to disclose any matter disclosed in the process of setting up
or conducting the arbitration, conciliation or mediation.
2. Arbitration, conciliation and mediation proceedings shall be regarded
as settlement negotiations. Any communication relating to the subject
matter of such disputes made during the resolution process by any
participant, mediator, conciliator, arbitrator or any other person
present at the dispute resolution shall be a confidential communication.
No admission, representation, statement or other confidential
communication made in setting up or conducting such proceedings not
otherwise discoverable or obtainable shall be admissible as evidence or
subject to discovery. (L. 1986 H.B. 887 § 2)
A written agreement to submit any existing controversy to
arbitration or a provision in a written contract, except contracts of
insurance and contracts of adhesion, to submit to arbitration any
controversy thereafter arising between the parties is valid, enforceable
and irrevocable, save upon such grounds as exist at law or in equity for
the revocation of any contract. Contracts which warrant new homes against
defects in construction and reinsurance contracts are not "contracts of
insurance or contracts of adhesion" for purposes of the arbitration
provisions of this section. (L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)
(2000) Section regulates the business of insurance and thus is not
preempted by the Federal Arbitration Act due to the provisions of the
McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127
F.Supp.2d 1064 (W.D. Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).
1. On application of a party showing an agreement described in
section 435.350, and the opposing party's refusal to arbitrate, the court
shall order the parties to proceed with arbitration, but if the opposing
party denies the existence of the agreement to arbitrate, the court shall
proceed summarily to the determination of the issue so raised and shall
order arbitration if found for the moving party; otherwise, the
application shall be denied.
2. On application, the court may stay an arbitration proceeding commenced
or threatened on a showing that there is no agreement to arbitrate. Such
an issue, when in substantial and bona fide dispute, shall be forthwith
and summarily tried and the stay ordered if found for the moving party.
If found for the opposing party, the court shall order the parties to
proceed to arbitration.
3. If an issue referable to arbitration under the alleged agreement is
involved in action or proceeding pending in a court having jurisdiction
to hear applications under subsection 1 of this section, the application
shall be made therein. Otherwise and subject to section 435.435, the
application may be made in any court of competent jurisdiction.
4. Any action or proceeding involving an issue subject to arbitration
shall be stayed if an order for arbitration or an application therefor
has been made under this section or, if the issue is severable, the stay
may be with respect thereto only. When the application is made in such
action or proceeding, the order for arbitration shall include such stay.
5. An order for arbitration shall not be refused on the ground that the
claim in issue lacks merit or bona fides or because any fault or grounds
for the claim sought to be arbitrated have not been shown. (L. 1980 H.B.
1203 § 2)
If the arbitration agreement provides a method of appointment of
arbitrators, this method shall be followed. In the absence thereof, or if
the agreed method fails or for any reason cannot be followed, or when an
arbitrator appointed fails or is unable to act and his successor has not
been duly appointed, the court on application of a party shall appoint
one or more arbitrators. An arbitrator so appointed has all the powers of
one specifically named in the agreement. (L. 1980 H.B. 1203 § 3)
The powers of the arbitrators may be exercised by a majority
unless otherwise provided by the agreement or by sections 435.350 to
435.470. (L. 1980 H.B. 1203 § 4)
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and
cause notification to the parties to be served personally or by
registered mail not less than five days before the hearing. Appearance at
the hearing waives such notice. The arbitrators may adjourn the hearing
from time to time as necessary and, on request of a party and for good
cause, or upon their own motion may postpone the hearing to a time not
later than the date fixed by the agreement for making the award unless
the parties consent to a later date. The arbitrators may hear and
determine the controversy upon the evidence produced notwithstanding the
failure of a party duly notified to appear. The court on application may
direct the arbitrators to proceed promptly with the hearing and
determination of the controversy.
(2) The parties are entitled to be heard, to present evidence material to
the controversy and to cross-examine witnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitrators but a majority
may determine any question and render a final award. If, during the
course of the hearing, an arbitrator for any reason ceases to act, the
remaining arbitrator or arbitrators appointed to act as neutrals may
continue with the hearing and determination of the controversy. (L. 1980
H.B. 1203 § 5)
CROSS REFERENCE: Contents of notification, RSMo 435.012
A party has the right to be represented by an attorney at any
proceeding or hearing under sections 435.350 to 435.470. A waiver thereof
prior to the proceeding or hearing is ineffective. (L. 1980 H.B. 1203 § 6)
1. The arbitrators may issue or cause to be issued subpoenas for
the attendance of witnesses and for the production of books, records,
documents and other evidence, and shall have the power to administer
oaths. Subpoenas so issued shall be served, and upon application to the
court by a party or the arbitrators, enforced, in the manner provided by
law for the service and enforcement of subpoenas in a civil action.
2. On application of a party and for use as evidence, the arbitrators may
permit a deposition to be taken, in the manner and upon the terms
designated by the arbitrators, of a witness who cannot be subpoenaed or
is unable to attend the hearing.
3. All provisions of law compelling a person under subpoena to testify
are applicable.
4. Fees for attendance as a witness shall be the same as for a witness in
the circuit court. (L. 1980 H.B. 1203 § 7)
1. The award shall be in writing and signed by the arbitrators
joining in the award. The arbitrators shall deliver a copy to each party
personally or by registered mail, or as provided in the agreement.
2. An award shall be made within the time fixed therefor by the agreement
or, if not so fixed, within such time as the court orders on application
of a party. The parties may extend the time in writing either before or
after the expiration thereof. A party waives the objection that an award
was not made within the time required unless he notifies the arbitrators
of his objection prior to the delivery of the award to him. (L. 1980 H.B.
1203 § 8)
On application of a party or, if an application to the court is
pending under section 435.400, 435.405 or 435.410, on submission to the
arbitrators by the court under such conditions as the court may order,
the arbitrators may modify or correct the award upon the grounds stated
in subdivisions (1) and (3) of subsection 1 of section 435.410, or for
the purpose of clarifying the award. The application shall be made within
twenty days after delivery of the award to the applicant. Written notice
thereof shall be given forthwith to the opposing party, stating he must
serve his objections thereto, if any, within ten days from the notice.
The award so modified or corrected is subject to the provisions of
sections 435.400, 435.405 and 435.410. (L. 1980 H.B. 1203 § 9)
Unless otherwise provided in the agreement to arbitrate, the
arbitrators' expenses and fees, together with other expenses, not
including counsel fees, incurred in the conduct of the arbitration, shall
be paid as provided in the award. (L. 1980 H.B. 1203 § 10)
Upon application of a party, the court shall confirm an award,
unless within the time limits hereinafter imposed grounds are urged for
vacating or modifying or correcting the award, in which case the court
shall proceed as provided in sections 435.405 and 435.410. (L. 1980 H.B.
1203 § 11)
(1991) Where employee's suit was a hybrid Section 301 of the federal
Labor Management Relations Act and a fair representation claim to which a
six-month statute of limitations applied, Missouri statute allowing
successful litigant ten years to collect judgment did not apply to
employee's suit against his employer to enforce arbitration back pay
award. Livingstone v. Schnuck Market, Inc., 950 F.2d 579 (8th Cir.).
1. Upon application of a party, the court shall vacate an award
where:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral
or corruption in any of the arbitrators or misconduct prejudicing the
rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause
being shown therefor or refused to hear evidence material to the
controversy or otherwise so conducted the hearing, contrary to the
provisions of section 435.370, as to prejudice substantially the rights
of a party; or
(5) There was no arbitration agreement and the issue was not adversely
determined in proceedings pursuant to section 435.355 and the party did
not participate in the arbitration hearing without raising the objection;
but the fact that the relief was such that it could not or would not be
granted by a court of law or equity is not ground for vacating or
refusing to confirm the award.
2. An application pursuant to this section shall be made within ninety
days after delivery of a copy of the award to the applicant, except that,
if predicated upon corruption, fraud or other undue means, it shall be
made within ninety days after such grounds are known or should have been
known.
3. In vacating the award on grounds other than stated in subdivision (5)
of subsection 1 of this section or subsection 5 of this section, the
court may order a rehearing before new arbitrators chosen as provided in
the agreement, or in the absence thereof, by the court in accordance with
section 435.360, or if the award is vacated on grounds set forth in
subdivisions (3) and (4) of subsection 1 of this section the court may
order a rehearing before the arbitrators who made the award or their
successors appointed in accordance with section 435.360. The time within
which the agreement requires the award to be made is applicable to the
rehearing and commences from the date of the order.
4. If the application to vacate is denied and no motion to modify or
correct the award is pending, the court shall confirm the award.
5. Notwithstanding the provisions of this section, if an arbitration
award in any legal proceeding pursuant to chapter 452, RSMo, or chapter
454, RSMo, determines an issue regarding a child of the marriage, such
determination shall be subject to de novo judicial review. (L. 1980 H.B.
1203 § 12, A.L. 1998 S.B. 910)
(1998) Section does not authorize setting aside award due to manifest
disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788
(W.D.Mo.).
|
|
|
|
