What is Minnesota Arbitration Law and The Uniform Arbitration Act?

What Are the Sources of Arbitration Law in Minnesota?

Arbitration law draws from three sources: the arbitration agreement itself (contract law), the applicable statute (federal or state), and judicial proceedings that enforce or review arbitration outcomes.

Contract Law

The right to arbitrate is governed by contract. You and the other party may fashion whatever agreement you wish to define the scope of arbitration. For example, you may restrict arbitration to certain issues or comprehensively provide that all disputes are referable to arbitration. You may also select an arbitrator in your agreement or provide a process for determining one. The language of the arbitration agreement defines the scope of the arbitrator’s power as well as the process to be used throughout.

The Federal Arbitration Act vs. the Minnesota Arbitration Act

The FAA makes a written arbitration provision in “a contract evidencing a transaction involving commerce” valid, irrevocable, and enforceable. 9 U.S.C. § 2. The U.S. Supreme Court reads “involving commerce” as broadly as “affecting commerce,” reaching the full extent of Congress’s Commerce Clause power, so the FAA covers virtually all commercial transactions. Allied-Bruce Terminix Cos. v. Dobson, 513 U.S. 265, 277 (1995) (concluding that “the word ‘involving,’ like ‘affecting,’ signals an intent to exercise Congress’ commerce power to the full”). A party need not show that its individual transaction substantially affected interstate commerce. Citizens Bank v. Alafabco, Inc., 539 U.S. 52 (2003).

That near-universal reach has one significant statutory limit. The FAA does not apply to “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” 9 U.S.C. § 1. The Supreme Court has recently held that this transportation-worker exemption covers workers who physically load or unload cargo moving in interstate commerce, Southwest Airlines Co. v. Saxon, 596 U.S. 450 (2022), and that such a worker need not be employed in the transportation industry to qualify, Bissonnette v. LePage Bakeries Park St., LLC, 601 U.S. 246 (2024).

Where the underlying contract involves interstate commerce, the FAA governs and, under the Supremacy Clause, preempts contrary or restrictive state statutes and state judicial decisions. Southland Corp. v. Keating, 465 U.S. 1, 16 (1984). This includes judge-made common-law rules that stand as an obstacle to the FAA’s objectives. AT&T Mobility LLC v. Concepcion, 563 U.S. 333 (2011). The FAA does not wholly displace the Minnesota Act; it preempts only state provisions that conflict with it, so non-conflicting Minnesota procedural rules still apply.

Minnesota’s arbitration statute, the Minnesota Arbitration Act, formally the Revised Uniform Arbitration Act, makes an agreement to arbitrate “valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.” Minn. Stat. § 572B.06(a). Although you are free to determine much of the arbitration process under general contract principles, in the absence of a contrary agreement your written agreement to arbitrate is interpreted with reference to the RUAA, whose default rules the parties “may waive or vary . . . to the extent permitted by law.” Minn. Stat. § 572B.04(a).

Minnesota law favors arbitration when an arbitration agreement is present. An arbitration agreement is valid and enforceable except on ordinary contract-revocation grounds, and a challenge to arbitrability does not automatically halt the arbitration: if a party challenges the existence or scope of the agreement in court, “the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.” Minn. Stat. § 572B.06(d).

When Do Courts Get Involved in Arbitration?

Courts usually have a limited role in arbitration but typically become involved in two primary instances: deciding a motion to compel or stay arbitration at the start of a case, and later ruling on a motion to confirm, vacate, or modify or correct an award. On confirmation, the court enters judgment on the award, which may be recorded, docketed, and enforced as any other civil judgment.

How Is an Arbitration Clause Enforced?

A common dispute arises when the parties disagree about whether their conflict should go to arbitration or proceed through the traditional civil process. When a court considers a motion to compel arbitration, its inquiry is limited to two questions: whether a valid arbitration agreement exists, and whether the dispute falls within the scope of that agreement. Amdahl v. Green Giant Co., 497 N.W.2d 319, 322 (Minn. Ct. App. 1993); accord Community Partners Designs, Inc. v. City of Lonsdale, 697 N.W.2d 629, 633 (Minn. Ct. App. 2005).

Once a court finds an enforceable agreement to arbitrate, it “shall order the parties to arbitrate,” and it may decline only if it finds no enforceable agreement exists. Minn. Stat. § 572B.07. The court “may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established,” Minn. Stat. § 572B.07(c), so even a claim that looks weak still goes to the arbitrator. And when the court orders arbitration, it “shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration,” severing and staying only the arbitrable claims when a suit mixes arbitrable and non-arbitrable claims. Minn. Stat. § 572B.07(f). Your lawsuit is frozen, not dismissed.

The party seeking to invalidate an arbitration agreement on the ground that arbitration would be prohibitively expensive bears the burden of showing the likelihood of incurring such costs. Green Tree Financial Corp.-Alabama v. Randolph, 531 U.S. 79, 92 (2000). A limited presumption still resolves doubts about the scope of a concededly valid arbitration agreement in favor of arbitration. Moses H. Cone Memorial Hospital v. Mercury Construction Corp., 460 U.S. 1, 24-25 (1983). That scope presumption does not apply to whether the parties formed an agreement to arbitrate in the first place; formation is decided under ordinary contract law with no thumb on the scale. Granite Rock Co. v. Teamsters, 561 U.S. 287, 296-303 (2010). And the Supreme Court has since made clear that the FAA’s “policy favoring arbitration” is “about treating arbitration contracts like all others, not about fostering arbitration,” so courts “may not devise novel rules to favor arbitration over litigation.” Morgan v. Sundance, Inc., 596 U.S. 411, 418 (2022).

Who decides these gateway questions? Under the Minnesota Act, “[t]he court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate,” while “[a]n arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.” Minn. Stat. § 572B.06(b), (c). So a challenge to the existence of the arbitration agreement typically goes to a judge, but a challenge to the enforceability of the whole surrounding contract typically goes to the arbitrator.

This default can be altered by contract. Under the FAA, parties may delegate the threshold arbitrability question to the arbitrator, “so long as the parties’ agreement does so by ‘clear and unmistakable’ evidence,” and a court must honor that delegation even if it thinks the argument for arbitration is groundless. Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. 63 (2019). Where a valid delegation clause exists, the court’s role contracts to deciding only whether an agreement was formed.

What Is the Scope of an Arbitrator’s Authority?

The arbitrator’s authority is derived from and limited by the parties’ arbitration agreement, and the arbitrator cannot exceed the powers that agreement grants. A court must vacate an award if “an arbitrator exceeded the arbitrator’s powers.” Minn. Stat. § 572B.23(a)(4).

An arbitrator is the final judge of both law and fact, and the award is subject to judicial review only on the limited statutory grounds in Minn. Stat. § 572B.23, such as fraud, evident partiality, arbitrator misconduct, or an arbitrator exceeding the arbitrator’s powers. A motion to vacate must be filed within 90 days after the movant receives notice of the award, or, where the award was procured by corruption, fraud, or other undue means, within 90 days after that ground is or should have been known. Minn. Stat. § 572B.23(b). If the court vacates an award on a ground other than the absence of any agreement to arbitrate, it may order a rehearing, sometimes before a new arbitrator; and if a motion to vacate is denied and no motion to modify or correct is pending, the court “shall confirm the award,” making it enforceable as a judgment. Minn. Stat. § 572B.23(c), (d).

Both the RUAA and the FAA contemplate that equitable as well as legal remedies are available in arbitration. Within the review bounds above, the arbitrator’s remedial power under Minnesota law is broad. For the same claim, an arbitrator may award punitive damages or other exemplary relief when such an award “is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award.” Minn. Stat. § 572B.21(a). An arbitrator may award attorney fees and reasonable expenses when authorized by law for that claim or by the parties’ agreement. Minn. Stat. § 572B.21(b). As to all other remedies, an arbitrator “may order such remedies as the arbitrator considers just and appropriate,” and “[t]he fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award . . . or for vacating an award.” Minn. Stat. § 572B.21(c). The arbitrator’s remedial authority is therefore at least as broad as a court’s, so equitable as well as legal relief is available in arbitration.

What Defenses Can You Raise to Avoid Arbitration?

Potential defenses include lack of consideration and fraud in the inducement of the arbitration agreement. These challenges are difficult to sustain. A written agreement to arbitrate is “valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract,” Minn. Stat. § 572B.06(a), and the FAA is the same: an arbitration provision is enforceable “save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C. § 2. Only generally applicable contract defenses reach the agreement to arbitrate itself.

Courts have enforced arbitration agreements even where the challenger claims the contract was one of adhesion or the product of unequal bargaining power, because “[m]ere inequality in bargaining power . . . is not a sufficient reason to hold that arbitration agreements are never enforceable in the employment context.” Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 33 (1991). Section 2’s savings clause “permits agreements to be invalidated by ‘generally applicable contract defenses,’ but not by defenses that apply only to arbitration.” AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011). The path to avoid arbitration therefore runs through an ordinary contract defense such as unconscionability, not through the adhesive character of the contract alone.

One recent statutory exception is worth noting if you are worried about being forced into arbitration. In 2022, Congress amended Section 2 of the FAA through the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, Pub. L. No. 117-90, adding the phrase “or as otherwise provided in chapter 4.” 9 U.S.C. § 2. That amendment lets a person alleging sexual assault or sexual harassment elect to void a predispute arbitration agreement for that dispute, without having to prove a generally applicable contract defense.

How Do You Choose Between AAA and JAMS for Arbitration?

If your arbitration agreement does not specify a method for appointing an arbitrator (for example, by naming an arbitration organization), then on a party’s motion the court will appoint the arbitrator. Minn. Stat. § 572B.11. A person with a known, direct, and material interest in the outcome, or a known, existing, and substantial relationship with a party, may not serve as a neutral arbitrator. Minn. Stat. § 572B.11(b). The two most common organizations for business arbitration are the American Arbitration Association (AAA) and JAMS. Each has different rules, fee structures, and procedural approaches that can significantly affect the outcome and cost of your arbitration.

Key Takeaways for Business Owners

Arbitration is the product of your agreement with the other contracting party and is usually interpreted with reference to the RUAA. You have the power to determine its nature and scope under general contract principles. In Minnesota, arbitration is favored under the law, and a written agreement to arbitrate is valid, enforceable, and irrevocable except on a ground that exists at law or in equity for revoking a contract. If you are entering into a contract with an arbitration clause, or if you are facing a dispute that may be subject to arbitration, understanding these rules is essential to protecting your interests.

Minnesota Arbitration Act

For reference, here is the text of the Minnesota Arbitration Act as currently in effect:

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572B.01 DEFINITIONS.

In sections 572B.01 to 572B.31:

(1) “Arbitration organization” means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arbitrators.

(2) “Arbitrator” means an individual appointed to render an award in a controversy between persons who are parties to an agreement to arbitrate.

(3) “Authenticate” means:

(A) to sign; or

(B) to execute or adopt a record by attaching to or logically associating with the record, an electronic sound, symbol, or process with the intent to sign the record.

(4) “Court” means a court of competent jurisdiction in this state.

(5) “Knowledge” means actual knowledge.

(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.

(7) “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.

572B.02 NOTICE.

Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in sections 572B.01 to 572B.31, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in the ordinary course of business, whether or not the other person acquires knowledge of the notice. A person has notice if the person has knowledge of the notice or has received notice. A person receives notice when it comes to the person’s attention or the notice is delivered at the person’s place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

572B.03 WHEN ACT APPLIES.

(a) Sections 572B.01 to 572B.31 govern agreements to arbitrate entered into:

(1) on or after August 1, 2011; and

(2) before August 1, 2011, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by sections 572B.01 to 572B.31.

(b) On or after August 1, 2011, sections 572B.01 to 572B.31 govern agreements to arbitrate even if the arbitration agreement was entered into prior to August 1, 2011.

572B.04 EFFECT OF AGREEMENT TO ARBITRATE; NONWAIVABLE PROVISIONS.

(a) Except as otherwise provided in subsections (b) and (c), the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of sections 572B.01 to 572B.31 to the extent permitted by law.

(b) Before a controversy arises that is subject to an agreement to arbitrate, the parties to the agreement may not:

(1) waive or vary the requirements of section 572B.05, subsection (a); 572B.06, subsection (a); 572B.08; 572B.17, subsection (a) or (b); 572B.26; or 572B.27;

(2) unreasonably restrict the right under section 572B.09 to notice of the initiation of an arbitration proceeding;

(3) unreasonably restrict the right under section 572B.12 to disclosure of any facts by a neutral arbitrator; or

(4) waive the right under section 572B.16 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 572B.01 to 572B.31, except that an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(c) The parties to an agreement to arbitrate may not waive or vary the requirements of this section or section 572B.03, subsection (a)(1) or (b); 572B.07; 572B.14; 572B.18; 572B.20, subsection (c) or (d); 572B.22; 572B.23; 572B.24; 572B.25, subsection (a) or (b); 572B.29; 572B.30; or 572B.31.

572B.05 APPLICATION TO COURT.

(a) Except as otherwise provided in section 572B.28, an application for judicial relief under sections 572B.01 to 572B.31 must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.

(b) Notice of an initial motion to the court under sections 572B.01 to 572B.31 must be served in the manner provided by law for the service of a summons in a civil action unless a civil action is already pending involving the agreement to arbitrate.

572B.06 VALIDITY OF AGREEMENT TO ARBITRATE.

(a) 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 contract.

(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate, except in the case of a grievance arising under a collective bargaining agreement when an arbitrator shall decide.

(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.

(d) 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.

572B.07 MOTION TO COMPEL OR STAY ARBITRATION.

(a) On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.

(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.

(c) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.

(d) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise, a motion under this section may be filed in any court as required by section 572B.27.

(e) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.

(f) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.

572B.08 PROVISIONAL REMEDIES.

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.

(b) After an arbitrator is appointed and is authorized and able to act, the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act in a timely manner or if the arbitrator cannot provide an adequate remedy.

(c) A motion to a court for a provisional remedy under subsection (a) or (b) does not waive any right of arbitration.

572B.09 INITIATION OF ARBITRATION.

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by service as authorized for the initiation of a civil action. The notice must describe the nature of the controversy and the remedy sought.

(b) Unless a person interposes an objection as to lack or insufficiency of notice under section 572B.15, subsection (c), not later than the commencement of the arbitration hearing, the person’s appearance at the hearing waives any objection to lack of or insufficiency of notice.

572B.10 CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS.

(a) Except as otherwise provided in subsections (c) and (d), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:

(1) there are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;

(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;

(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and

(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.

(b) The court may order consolidation of separate arbitration proceedings as to certain claims and allow other claims to be resolved in separate arbitration proceedings.

(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate which prohibits consolidation.

(d) An arbitrator shall decide whether to consolidate one or more grievances arising under a collective bargaining agreement.

572B.11 APPOINTMENT OF ARBITRATOR; SERVICE AS A NEUTRAL ARBITRATOR.

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.

(b) An arbitrator who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as a neutral arbitrator.

572B.12 DISCLOSURE BY ARBITRATOR.

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(1) a financial or personal interest in the outcome of the arbitration proceeding; and

(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, witnesses, or the other arbitrators.

(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceedings and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.

(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the disclosure, the objection may be a ground to vacate the award under section 572B.23, subsection (a)(2).

(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection of a party, an award may be vacated under section 572B.23, subsection (a)(2).

(e) An arbitrator appointed as a neutral who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under section 572B.23, subsection (a)(2).

(f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 572B.23, subsection (a)(2).

572B.13 ACTION BY MAJORITY.

If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.

572B.14 IMMUNITY OF ARBITRATOR; COMPETENCY TO TESTIFY; ATTORNEY FEES AND COSTS.

(a) An arbitrator is immune from civil liability to the same extent as a judge of a court in this state acting in a judicial capacity.

(b) The immunity afforded by this section supplements any other immunity.

(c) If an arbitrator does not make a disclosure required by section 572B.12, the nondisclosure does not cause a loss of immunity under this section.

(d) In any judicial, administrative, or similar proceeding, an arbitrator is not competent to testify or required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

(1) to the extent necessary to determine the claim of an arbitrator against a party to the arbitration proceeding; or

(2) if a party to the arbitration proceeding files a motion to vacate an award under section 572B.23, subsection (a)(1) or (2), and establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator arising from the services of the arbitrator or if a person seeks to compel an arbitrator to testify in violation of subsection (d), and the court decides that the arbitrator is immune from civil liability or that the arbitrator is incompetent to testify, the court shall award to the arbitrator reasonable attorney fees and other reasonable expenses of litigation.

572B.15 ARBITRATION PROCESS.

(a) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and to determine the admissibility, relevance, materiality, and weight of any evidence.

(b) The arbitrator may decide a request for summary disposition of a claim or particular issue by agreement of all interested parties or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the arbitration proceeding and the other parties have a reasonable opportunity to respond.

(c) The arbitrator shall set a time and place for a hearing and give notice of the hearing not less than five days before the hearing. Unless a party to the arbitration proceeding interposes an objection to lack of or insufficiency of notice not later than the commencement of the hearing, the party’s appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to promptly conduct the hearing and render a timely decision.

(d) If an arbitrator orders a hearing under subsection (c), the parties to the arbitration proceeding are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(e) If there is more than one arbitrator, all of them shall conduct the hearing under subsection (c); however, a majority shall decide any issue and make a final award.

(f) If an arbitrator ceases, or is unable, to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 572B.11 to continue the hearing and to decide the controversy.

572B.16 REPRESENTATION BY LAWYER.

A party to an arbitration proceeding may be represented by a lawyer.

572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to provide testimony at the arbitration hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under conditions determined by the arbitrator for use as evidence in order to make the proceeding fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator’s discovery-related orders, including the issuance of a subpoena for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and may take action against a party to the arbitration proceeding who does not comply to the extent permitted by law as if the controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, data classified as nonpublic or private pursuant to chapter 13, and other information protected from disclosure as if the controversy were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action under the laws and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court in order to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.

572B.18 COURT ENFORCEMENT OF PRE-AWARD RULING BY ARBITRATOR.

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 572B.19. The successful party may file a motion to the court for an expedited order to confirm the award under section 572B.22, in which case the court shall proceed summarily to decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award of the arbitrator pursuant to sections 572B.23 and 572B.24.

572B.19 AWARD.

(a) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.

572B.20 CHANGE OF AWARD BY ARBITRATOR.

(a) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:

(1) upon the grounds stated in section 572B.24, subsection (a)(1) or (3);

(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) to clarify the award.

(b) A motion under subsection (a) must be made and served on all parties within 20 days after the movant receives notice of the award.

(c) A party to the arbitration proceeding must serve any objections to the motion within ten days after receipt of the notice.

(d) If a motion to the court is pending under sections 572B.22, 572B.23, and 572B.24, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:

(1) upon the grounds stated in section 572B.24, subsection (a)(1) or (3);

(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or

(3) to clarify the award.

(e) An award modified or corrected pursuant to this section is subject to sections 572B.22, 572B.23, and 572B.24.

572B.21 REMEDIES; FEES AND EXPENSES OF ARBITRATION PROCEEDING.

(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.

(b) An arbitrator may award attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.

(c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 572B.22 or for vacating an award under section 572B.23.

(d) An arbitrator’s expenses and fees, together with other expenses, must be paid as provided in the award.

(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.

572B.22 CONFIRMATION OF AWARD.

After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected pursuant to section 572B.20 or 572B.24 or is vacated pursuant to section 572B.23.

572B.23 VACATING AWARD.

(a) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:

(1) the award was procured by corruption, fraud, or other undue means;

(2) there was:

(A) evident partiality by an arbitrator appointed as a neutral;

(B) corruption by an arbitrator; or

(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 572B.15, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(4) an arbitrator exceeded the arbitrator’s powers;

(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 572B.15, subsection (c), not later than the commencement of the arbitration hearing; or

(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in section 572B.09 so as to prejudice substantially the rights of a party to the arbitration proceeding.

(b) A motion under this section must be filed within 90 days after the movant receives notice of the award in a record pursuant to section 572B.19 or within 90 days after the movant receives notice of an arbitrator’s award in a record on a motion to modify or correct an award pursuant to section 572B.20, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within 90 days after such a ground is known or by the exercise of reasonable care should have been known by the movant.

(c) In vacating an award on a ground other than that set forth in subsection (a)(5), the court may order a rehearing before a new arbitrator. If the award is vacated on the ground stated in subsection (a)(3), (4), or (6), the court may order a rehearing before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 572B.19, subsection (b), for an award.

(d) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.

572B.24 MODIFICATION OR CORRECTION OF AWARD.

(a) Upon motion filed within 90 days after the movant receives notice of the award in a record pursuant to section 572B.19 or within 90 days after the movant receives notice of an arbitrator’s award in a record on a motion to modify or correct an award pursuant to section 572B.20, the court shall modify or correct the award if:

(1) there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;

(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or

(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.

(b) If a motion filed under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.

(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.

572B.25 JUDGMENT ON AWARD; ATTORNEY FEES AND LITIGATION EXPENSES.

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.

(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.

(c) On application of a prevailing party to a contested judicial proceeding under section 572B.22, 572B.23, or 572B.24, the court may add to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award, attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.

572B.26 JURISDICTION.

(a) A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate.

(b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under sections 572B.01 to 572B.31.

572B.27 VENUE.

A motion pursuant to section 572B.05 must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be filed in the court hearing the initial motion unless the court otherwise directs.

572B.28 APPEALS.

(a) An appeal may be taken from:

(1) an order denying a motion to compel arbitration;

(2) an order granting a motion to stay arbitration;

(3) an order confirming or denying confirmation of an award;

(4) an order modifying or correcting an award;

(5) an order vacating an award without directing a rehearing; or

(6) a final judgment entered pursuant to sections 572B.01 to 572B.31.

(b) An appeal under this section must be taken as from an order or a judgment in a civil action.

572B.29 UNIFORMITY OF APPLICATION AND CONSTRUCTION; NO-FAULT AUTOMOBILE INSURANCE ACT; CONFLICT; PREVAILING LAW.

(a) In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(b) When provisions of sections 572B.01 to 572B.31 are in conflict with provisions of sections 65B.41 to 65B.71, the provisions of sections 65B.41 to 65B.71 shall prevail.

572B.30 SAVINGS CLAUSE.

Sections 572B.01 to 572B.31 do not affect an action or proceeding commenced or right accrued before sections 572B.01 to 572B.31 take effect.

572B.31 RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

The provisions of sections 572B.01 to 572B.31 governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures, conform to the requirements of section 102 of the Electronic Signatures in Global and National Commerce Act.

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