LD 1218
pg. 8
Page 7 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 9 of 94
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LR 468
Item 1

 
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.

 
3.__Court.__"Court" means a court of competent jurisdiction
in this State.

 
4.__Knowledge.__"Knowledge" means actual knowledge.

 
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.

 
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.

 
Uniform Comment

 
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.

 
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."

 
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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