LD 1218
pg. 2
Page 1 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 3 of 94
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LR 468
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insure fundamental fairness to the parties will be preserved,
particularly in those instances where one party may have
significantly less bargaining power than another; and (14) the
use of electronic information and other modern means of
technology in the arbitration process. The Revised Uniform
Arbitration Act (RUAA) examines all of these issues and provides
state legislatures with a more up-to-date statute to resolve
disputes through arbitration.

 
There are a number of principles that the Drafting Committee
agreed upon at the outset of its consideration of a revision
to the UAA. First, arbitration is a consensual process in
which autonomy of the parties who enter into arbitration
agreements should be given primary consideration, so long as
their agreements conform to notions of fundamental fairness.
This approach provides parties with the opportunity in most
instances to shape the arbitration process to their own
particular needs. In most instances the RUAA provides a
default mechanism if the parties do not have a specific
agreement on a particular issue. Second, the underlying reason
many parties choose arbitration is the relative speed, lower
cost, and greater efficiency of the process. The law should
take these factors, where applicable, into account. For
example, Section 10 allows consolidation of issues involving
multiple parties. Such a provision can be of special
importance in adhesion situations where there are numerous
persons with essentially the same claims against a party to
the arbitration agreement. Finally, in most cases parties
intend the decisions of arbitrators to be final with minimal
court involvement unless there is clear unfairness or a denial
of justice. This contractual nature of arbitration means that
the provision to vacate awards in Section 23 is limited. This
is so even where an arbitrator may award attorney's fees,
punitive damages or other exemplary relief under Section 21.
Section 14 insulates arbitrators from unwarranted litigation
to insure their independence by providing them with immunity.

 
Other new provisions are intended to reflect developments in
arbitration law and to insure that the process is a fair one.
Section 12 requires arbitrators to make important disclosures
to the parties. Section 8 allows courts to grant provisional
remedies in certain circumstances to protect the integrity of
the arbitration process. Section 17 includes limited rights to
discovery while recognizing the importance of expeditious
arbitration proceedings.

 
In light of a number of decisions by the United States
Supreme Court concerning the Federal Arbitration Act (FAA),
any revision of the UAA must take into account the doctrine of
preemption. The rule of preemption, whereby FAA standards and
the emphatically pro-arbitration perspective of the FAA
control,


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