Mediation and Arbitration

ORS 36.620
Validity of agreement to arbitrate

  • form of acknowledgment of agreement


(1)

An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except upon a ground that exists at law or in equity for the revocation of a contract.

(2)

Subject to ORS 36.625 (Petition to compel or stay arbitration) (8), the court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.

(3)

An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.

(4)

If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

(5)

A written arbitration agreement entered into between an employer and employee and otherwise valid under subsection (1) of this section is voidable and may not be enforced by a court unless:

(a)

At least 72 hours before the first day of the employee’s employment, the employee has received notice in a written employment offer from the employer that an arbitration agreement is required as a condition of employment, and the employee has been provided with the required arbitration agreement that meets the requirements of, and includes the acknowledgment set forth in, subsection (6) of this section; or

(b)

The arbitration agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.

(6)

The acknowledgment required by subsection (5) of this section must be signed by the employee and must include the following language in boldfaced type:

I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court.

[2003 c.598 §6; 2007 c.902 §1; 2011 c.489 §1]
Note: Section 2, chapter 489, Oregon Laws 2011, provides:
Sec. 2. The amendments to ORS 36.620 (Validity of agreement to arbitrate) by section 1 of this 2011 Act apply to arbitration agreements entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.489 §2]
Note: See note under 36.600 (Definitions).

Notes of Decisions

Estoppel from use of arbitration clause and waiver of enforcement of arbitration clause are condition precedents to arbitration. Livingston v. Metropolitan Pediatrics, LLC, 234 Or App 137, 227 P3d 796 (2010)

§§ 36.600 to 36.740

Notes of Decisions

Uniform Arbitration Act applies to actions filed on or after January 1, 2004, regarding agreement to arbitrate, regardless of date of agreement. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitration Act applies to any arbitration agreement regardless of when arbitrating parties entered into agreement. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)

Uniform Arbitration Act gives courts authority to deny motion to compel arbitration under arbitration clause on grounds that contract containing clause is unenforceable. Hinman v. Silver Star Group, LLC, 280 Or App 34, 380 P3d 994 (2016)


Source

Last accessed
Jun. 26, 2021