reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-543.15 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 44B - Structured Settlement Protection Act.|§ 1-543.15 - No waiver; penalties.

 1-543.15. No waiver; penalties.(a) The provisions of this Article may not be waived.(b) Any payee who has transferred structured settlement payment rights to a transferee without complying with this Article may bring an action against the transferee to recover actual monetary loss or for damages up to five thousand dollars ($5,000) for the violation by the transferee, or bring actions for both. The payee is entitled to attorneys' fees and costs incurred to enforce this Article. In addition, all unpaid structured settlement payment rights transferred in violation of this Article by any transferee shall be reconveyed to the payee.(c) No payee who proposes to make a transfer of structured settlement payment rights shall incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee based on any failure of such transfer to satisfy the conditions of this Article. (1999-367, s. 1.)
NC Gen Stat § 1-567.30 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.30 - Preamble and short title.

 1-567.30. Preamble and short title.It is the policy of the State of North Carolina to promote and facilitate international trade and commerce, and to provide a forum for the resolution of disputes that may arise from participation therein. Pursuant to this policy, the purpose of this Article is to encourage the use of arbitration or conciliation as a means of resolving such disputes, to provide rules for the conduct of arbitration or conciliation proceedings, and to assure access to the courts of this State for legal proceedings ancillary to such arbitration or conciliation. This Article shall be known as the North Carolina International Commercial Arbitration and Conciliation Act. (1991, c. 292, s. 1; 1997-368, ss. 1, 2, 5.)
NC Gen Stat § 1-567.32 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.32 - Definitions and rules of interpretation.

 1-567.32. Definitions and rules of interpretation.(a) The following definitions apply in this Article:(1) Arbitral award. - Any decision of an arbitral tribunal on the substance of a dispute submitted to it, and includes an interlocutory or partial award.(2) Arbitral tribunal. - A sole arbitrator or a panel of arbitrators.(3) Arbitration. - Any arbitration, whether or not administered by a permanent arbitral institution.(3a) Court. - A court of competent jurisdiction in this State.(4) Party. - A party to an arbitration agreement.(5) Repealed by Session Laws 2017-171, s. 1, effective October 1, 2017, and applicable to agreements entered into, renewed, or modified on or after that date.(6) Record. - Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.(b) Where a provision of this Article, except G.S. 1-567.58, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.(c) Where a provision of this Article refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.(d) Where a provision of this Article, other than in G.S. 1-567.55(1) and G.S. 1-567.62(b)(1), refers to a claim, it also applies to a counterclaim or setoff, and where it refers to a defense, it also applies to a defense to a counterclaim or setoff.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.33 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.33 - Receipt of written communications or submissions.

 1-567.33. Receipt of written communications or submissions.(a) Unless otherwise agreed in a record by the parties, any written communication or submission is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee's place of business, domicile, or mailing address, and the communication or submission is deemed to have been received on the day it is delivered. Unless otherwise agreed in a record by the parties, delivery by facsimile transmission or electronic transmission, if in a record, shall constitute valid receipt if the communication or submission is in fact received, and the receipt is in a record.(b) If none of the places referred to in subsection (a) can be found after making reasonable inquiry, a written communication or submission is deemed to have been received if it is sent to the addressee's last known place of business, domicile, or mailing address by registered mail, certified mail, or any other means that provide a record of the attempt to deliver it.(c) The provisions of this Article do not apply to a written communication or submission relating to a court, administrative, or special proceeding.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.33A (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.33A - Severability.

 1-567.33A. Severability.In the event any provision of this act is held to be invalid, the court's holding as to that provision shall not affect the validity or operation of other provisions of the act; and to that end the provisions of the act are severable. (1991, c. 292, s. 1; 1997-368, s. 3.)
NC Gen Stat § 1-567.34 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.34 - Waiver of right to object.

 1-567.34. Waiver of right to object.A party who knows that any provision of this Article or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating an objection to such noncompliance without undue delay or, if a time limit is provided therefor, within that period of time, shall be deemed to have waived any right to object. (1991, c. 292.)
NC Gen Stat § 1-567.35 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.35 - Extent of court intervention.

 1-567.35. Extent of court intervention.In matters governed by this Article, no court shall intervene except where so provided in this Article or applicable federal law or any applicable international agreement in force between the United States of America and any other nation or nations. (1991, c. 292.)
NC Gen Stat § 1-567.36 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.36 - Venue and jurisdiction of courts.

 1-567.36. Venue and jurisdiction of courts.(a) The functions referred to in G.S. 1-567.41(c) and (d), 1-567.43(a), 1-567.44(b), 1-567.46(c), and 1-567.57 shall be performed by the court in the following county:(1) The county where the arbitration agreement is to be performed or was made.(2) If the arbitration agreement does not specify a county where the agreement is to be performed and the agreement was not made in any county in the State of North Carolina, the county where any party to the court proceeding resides or has a place of business.(3) In any case not covered by subdivisions (1) or (2) of this subsection, in any county in the State of North Carolina.(b) All other functions assigned by this Article to the court shall be performed by the court of the county in which the place of arbitration is located.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.37 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.37 - Definition and form of arbitration agreement.

 1-567.37. Definition and form of arbitration agreement.(a) An "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether or not contractual. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.(b) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams, facsimile transmission, or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.(c) Such arbitration agreement shall be valid, enforceable and irrevocable, except with the consent of all the parties, without regard to the justiciable character of the controversy. (1991, c. 292.)
NC Gen Stat § 1-567.38 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.38 - Arbitration agreement and substantive claim before court.

 1-567.38. Arbitration agreement and substantive claim before court.(a) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court for an order to stay the proceedings and compel arbitration.(b) Arbitration proceedings may begin or continue, and an award may be made, while an action described in subsection (a) is pending before the court.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.39 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.39 - Interim relief and the enforcement of interim measures.

 1-567.39. Interim relief and the enforcement of interim measures.(a) In the case of an arbitration where the arbitrator or arbitrators have not been appointed, or where the arbitrator or arbitrators are unavailable, a party may seek interim relief directly from the court as provided in subsection (c). Enforcement shall be granted as provided by the law applicable to the type of interim relief sought.(b) In all other cases, a party shall seek interim relief under G.S. 1-567.47.(c) In connection with an agreement to arbitrate or a pending arbitration, the court may grant, pursuant to subsection (a) of this section, any of the following:(1) An order of attachment or garnishment.(2) A temporary restraining order or preliminary injunction.(3) An order for claim and delivery.(4) The appointment of a receiver.(5) Delivery of money or other property into court.(6) Any other order that may be necessary to ensure the preservation or availability either of assets or of documents, the destruction or absence of which would be likely to prejudice the conduct or effectiveness of the arbitration.(d) In considering a request for interim relief or the enforcement of interim measures, the court shall give preclusive effect to any finding of fact of the arbitral tribunal in the proceeding, including the probable validity of the claim that is the subject of the interim relief sought or the interim measures granted.(e) Where the arbitral tribunal has not ruled on an objection to its jurisdiction, the court shall not grant preclusive effect to the tribunal's findings until the court has made an independent finding as to the jurisdiction of the arbitral tribunal. If the court rules that the arbitral tribunal did not have jurisdiction, the application for interim relief or the enforcement of interim measures shall be denied. Such a ruling by the court that the arbitral tribunal lacks jurisdiction is not binding on the arbitral tribunal or subsequent judicial proceedings.(f) The availability of interim relief under this section may be limited by prior written agreement of the parties in a record.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.40 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.40 - Number of arbitrators.

 1-567.40. Number of arbitrators.There shall be one arbitrator unless the parties agree on a greater number of arbitrators. (1991, c. 292.)
NC Gen Stat § 1-567.43A (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.43A - Disclosure by arbitrator.

 1-567.43A. 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 to the 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 the following:(1) A financial or personal interest in the outcome of the arbitration proceeding.(2) An existing or past relationship with any of the parties to the agreement to arbitrate or to the arbitration proceeding, their counsel or representatives, a witness, or other arbitrators.(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and to the arbitration and to any other arbitrators any facts that the arbitrator learns after accepting appointment that 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) of this section to be disclosed, and a party makes a timely objection to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under G.S. 1-567.64 for vacating an award made by the arbitrator.(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b) of this section, upon timely objection by a party, the court under G.S. 1-567.64 may vacate an award.(e) An arbitrator appointed as a neutral arbitrator 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 G.S. 1-567.64.(f) If the parties to an arbitration proceeding agree to the procedures of an institution 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 G.S. 1-567.64.  (2017-171, s. 1.)
NC Gen Stat § 1-567.44 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.44 - Failure or impossibility to act.

 1-567.44. Failure or impossibility to act.(a) The mandate of an arbitrator terminates if the arbitrator becomes unable to perform the arbitrator's functions or for other reasons fails to act without undue delay or the arbitrator withdraws or the parties agree to the termination.(b) If a controversy remains concerning any of the grounds referred to in subsection (a) of this section, a party may request the court to decide on the termination of the mandate. The decision of the court shall be final and not subject to appeal.(c) If under this section or under G.S. 1-567.43, an arbitrator withdraws or otherwise agrees to the termination of the arbitrator's mandate, no acceptance of the validity of any ground referred to in this section or G.S. 1-567.43(b) shall be implied in consequence of the action.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.45 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.45 - Appointment of substitute arbitrator.

 1-567.45. Appointment of substitute arbitrator.(a) Where the mandate of an arbitrator terminates for any reason, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.(b) Unless otherwise agreed by the parties:(1) Where the number of arbitrators is less than three and an arbitrator is replaced, any hearings previously held shall be repeated;(2) Where the presiding arbitrator is replaced, any hearings previously held shall be repeated;(3) Where the number of arbitrators is three or more and an arbitrator other than the presiding arbitrator is replaced, any hearings previously held may be repeated at the discretion of the arbitral tribunal.(c) Unless otherwise agreed by the parties, an order or ruling of the arbitral tribunal made prior to the replacement of an arbitrator under this section is not invalid because there has been a change in the composition of the tribunal. (1991, c. 292.)
NC Gen Stat § 1-567.46 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.46 - Competence of arbitral tribunal to rule on its jurisdiction.

 1-567.46. Competence of arbitral tribunal to rule on its jurisdiction.(a) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms a part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause, unless the arbitral tribunal finds that the arbitration clause was obtained by fraud, whether in the inducement or in the factum.(b) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. However, a party is not precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. In either case, the arbitral tribunal may admit a later plea if it considers the delay justified.(c) The arbitral tribunal may rule on a plea referred to in subsection (b) of this section either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, after having received notice of that ruling, any party may request the court to decide the matter. The decision of the court shall be final and not subject to appeal. While the request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.47 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.47 - Power of arbitral tribunal to order interim measures.

 1-567.47. Power of arbitral tribunal to order interim measures.(a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute, including an interim measure analogous to any type of interim relief specified in G.S. 1-567.39(c). The arbitral tribunal may require any party to provide appropriate security, including security for costs as provided in G.S. 1-567.61(h)(2), in connection with the measure.(b) A court has the same power to issue an interim measure in an arbitration proceeding, irrespective of whether the arbitration proceeding is in the territory of this State, as it has in a court proceeding. The court shall exercise this power in accordance with its own procedures in consideration of the specific features of international arbitration.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.48 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.48 - Equal treatment of parties; representation by attorney.

 1-567.48. Equal treatment of parties; representation by attorney.(a) The parties shall be treated with equality and each party shall be given a full opportunity to present its case.(b) A party has the right to be represented by an attorney at any proceeding or hearing under this Article. A waiver of this right prior to the proceeding or hearing is ineffective. (1991, c. 292, s. 1; 1997-141, s. 2.)
NC Gen Stat § 1-567.49 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.49 - Determination of rules of procedure.

 1-567.49. Determination of rules of procedure.(a) Subject to the provisions of this Article, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.(b) If there is no agreement under subsection (a) of this section, subject to the provisions of this Article, the tribunal shall select the rules for conducting the arbitration after hearing all the parties and taking particular reference to model rules developed by arbitration institutions or similar sources. If the tribunal is unable to decide on rules for conducting the arbitration, upon application by a party, the court may order use of rules for conducting the arbitration, taking particular reference to model rules developed by arbitration institutions or similar sources. In other matters not covered by rules, the tribunal shall conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to order such discovery as it deems necessary and to determine the admissibility, relevance, materiality, and weight of any evidence. Evidence need not be limited by the rules of evidence applicable in judicial proceedings, except as to immunities and privilege. Each party shall have the burden of proving the facts relied on to support its claim, counterclaim, setoff, or defense.  (1991, c. 292, s. 1; 2017-171, s. 1.)
NC Gen Stat § 1-567.50 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 45B - International Commercial Arbitration and Conciliation.|§ 1-567.50 - Place of arbitration.

 1-567.50. Place of arbitration.(a) The parties may agree on the place of arbitration. If the parties do not agree, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.(b) Notwithstanding the provisions of subsection (a) of this section, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property, or documents. (1991, c. 292.)