Mediation and Arbitration

ORS 36.700
Confirmation of award

(1)

After a party to an arbitration proceeding receives notice of an award, the party may make a petition to the court for an order confirming the award. The party filing the petition must serve a copy of the petition on all other parties to the proceedings. The court shall issue a confirming order unless within 20 days after the petition is served on the other parties:

(a)

A party requests that the arbitrator modify or correct the award under ORS 36.690 (Change of award by arbitrator); or

(b)

A party petitions the court to vacate, modify or correct the award under ORS 36.705 (Vacating award) or 36.710 (Modification or correction of award).

(2)

If a party requests that the arbitrator modify or correct the award under ORS 36.690 (Change of award by arbitrator), or petitions the court to vacate, modify or correct the award under ORS 36.705 (Vacating award) or 36.710 (Modification or correction of award), the court may stay entry of an order on a petition filed under this section until a final decision is made on the request or petition. [2003 c.598 §22]
Note: See note under 36.600 (Definitions).

Notes of Decisions

Issuance of order confirming award does not limit ability of court to subsequently vacate judgment under ORCP 71C and undo award. MBNA America Bank v. Garcia, 227 Or App 202, 205 P3d 53 (2009)

§§ 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

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