| | | 2.__Arbitrator.__"Arbitrator" means an individual appointed | | to render an award, alone or with others, in a controversy | | that is subject to an agreement to arbitrate. |
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| | | 3.__Court.__"Court" means a court of competent jurisdiction | | in this State. |
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| | | 4.__Knowledge.__"Knowledge" means actual knowledge. |
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| | | 5.__Person.__"Person" means a governmental subdivision, | | agency or instrumentality, an individual, corporation, | | business trust, estate, trust, partnership, limited liability | | company, association, joint venture, government, public | | corporation or any other legal or commercial entity. |
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| | | 6.__Record.__"Record" means information that is inscribed on | | a tangible medium or that is stored in an electronic or other | | medium and is retrievable in perceivable form. |
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| | | 1. The term "arbitration organization" is similar to the one | | used in section 74 of the 1996 English Arbitration Act and | | describes well the functions of agencies such as the American | | Arbitration Association (AAA), the CPR, JAMS, the National | | Arbitration Forum, NASD Regulation, Inc., the American Stock | | Exchange, the New York Stock Exchange, and the International | | Chamber of Commerce. Arbitration organizations under their | | specific administrative rules oversee and administer all | | aspects of the arbitration process. The important hallmarks of | | such agencies are that they are neutral and unbiased. See, | | e.g., Engalla v. Permanente Med. Group, Inc., 15 Cal. 4th 951, | | 938 P.2d 903, 64 Cal. Rptr. 2d 843 (1997) (stating that | | defendants' self-administered arbitration program between | | insurer and customers that did not impartially administer | | arbitration system and made representations about timeliness | | of the proceedings contrary to what defendant knew would occur | | was improper). The term "arbitration organization" is used in | | Section 12 concerning arbitrator disclosure and Section 14 | | concerning arbitrator immunity. |
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| | | 2. In defining "arbitrator" in Section 1(2), the term | | "individual" rather than "person" is used because business | | entities or organizations do not function as "arbitrators." |
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| | | 3. The definition of "court" is presently found in Section | | 17 of the UAA. The court must have appropriate subject matter | | and personal jurisdiction. Different States determine which | | court in its system has jurisdiction over arbitration matters | | in the first |
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