reglab/housing_qa huggingface dataset:
KS Stat § 5-432 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-432 Consolidation of separate arbitration proceedings.

5-432. Consolidation of separate arbitration proceedings. (a) Except as otherwise provided in subsection (c), 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 some 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 if the agreement prohibits consolidation.History: L. 2018, ch. 90, § 10; July 1.
KS Stat § 5-433 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-433 Appointment of arbitrator; service as a neutral arbitrator.

5-433. 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. An 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 individual 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 an arbitrator required by an agreement to be neutral.History: L. 2018, ch. 90, § 11; July 1.
KS Stat § 5-434 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-434 Disclosure by arbitrator.

5-434. 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, a witness or other arbitrators.(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding 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) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under K.S.A. 2021 Supp. 5-445(a)(2), and amendments thereto, for vacating an award made by the arbitrator.(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, the court under K.S.A. 2021 Supp. 5-445(a)(2), and amendments thereto, may vacate the 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 K.S.A. 2021 Supp. 5-445(a)(2), and amendments thereto.(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 K.S.A. 2021 Supp. 5-445(a)(2), and amendments thereto.History: L. 2018, ch. 90, § 12; July 1.
KS Stat § 5-435 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-435 Action by majority.

5-435. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under K.S.A. 2021 Supp. 5-437(c), and amendments thereto.History: L. 2018, ch. 90, § 13; July 1.
KS Stat § 5-436 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-436 Arbitrator immunity; competency to testify; attorney fees and costs.

5-436. Arbitrator immunity; competency to testify; attorney fees and costs. (a) An arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.(b) The immunity afforded by this section supplements any immunity under other law.(c) The failure of an arbitrator to make a disclosure required by K.S.A. 2021 Supp. 5-434, and amendments thereto, does not cause any loss of immunity under this section.(d) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be 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, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or(2) to a hearing on a motion to vacate an award under K.S.A. 2021 Supp. 5-445(a)(1) or (2), and amendments thereto, if the movant establishes prima facie that a ground for vacating the award exists.(e) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of an arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney fees and other reasonable expenses of litigation.History: L. 2018, ch. 90, § 14; July 1.
KS Stat § 5-437 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-437 Arbitration process.

5-437. Arbitration process. (a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a 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, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:(1) If all interested parties agree; or(2) upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning 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 conduct the hearing promptly and render a timely decision.(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with K.S.A. 2021 Supp. 5-433, and amendments thereto, to continue the proceeding and to resolve the controversy.History: L. 2018, ch. 90, § 15; July 1.
KS Stat § 5-438 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-438 Representation by lawyer.

5-438. Representation by lawyer. A party to an arbitration proceeding may be represented by a lawyer.History: L. 2018, ch. 90, § 16; July 1.
KS Stat § 5-439 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-439 Witnesses; subpoenas; depositions; discovery.

5-439. 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) In order to make the proceedings fair, expeditious and most cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.(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, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could, 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 and other information protected from disclosure to the extent a court could, 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 in 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 as to make the arbitration proceeding fair, expeditious and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state 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 arbitration, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.History: L. 2018, ch. 90, § 17; July 1.
KS Stat § 5-440 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-440 Judicial enforcement of pre-award ruling by arbitrator.

5-440. Judicial 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 K.S.A. 2021 Supp. 5-441, and amendments thereto. A prevailing party may make a motion to the court for an expedited order to confirm the award under K.S.A. 2021 Supp. 5-444, and amendments thereto, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award, unless the court vacates, modifies or corrects the award under K.S.A. 2021 Supp. 5-445 or 5-446, and amendments thereto.History: L. 2018, ch. 90, § 18; July 1.
KS Stat § 5-441 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-441 Award.

5-441. Award. (a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an 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.History: L. 2018, ch. 90, § 19; July 1.
KS Stat § 5-442 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-442 Change of award by arbitrator.

5-442. Change of award by arbitrator. (a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:(1) Upon a ground stated in K.S.A. 2021 Supp. 5-446(a)(1) or (3), and amendments thereto;(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 notice given to all parties within 20 days after the movant receives notice of the award.(c) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.(d) If a motion to the court is pending under K.S.A. 2021 Supp. 5-444, 5-445 or 5-446, and amendments thereto, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:(1) Upon a ground stated in K.S.A. 2021 Supp. 5-446(a)(1) or (3), and amendments thereto;(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceedings; or(3) to clarify the award.(e) An award modified or corrected pursuant to this section is subject to K.S.A. 2021 Supp. 5-441(a), 5-444, 5-445 and 5-446, and amendments thereto.History: L. 2018, ch. 90, § 20; July 1.
KS Stat § 5-443 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-443 Remedies; fees and expenses of arbitration proceeding.

5-443. 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 reasonable 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 K.S.A. 2021 Supp. 5-444, and amendments thereto, or for vacating an award under K.S.A. 2021 Supp. 5-445, and amendments thereto.(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 punitive damages or other exemplary relief.History: L. 2018, ch. 90, § 21; July 1.
KS Stat § 5-444 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-444 Confirmation of award.

5-444. Confirmation of award. After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award, at which time the court shall issue a confirming order, unless the award is modified or corrected pursuant to K.S.A. 2021 Supp. 5-442 or 5-446, and amendments thereto, or is vacated pursuant to K.S.A. 2021 Supp. 5-445, and amendments thereto.History: L. 2018, ch. 90, § 22; July 1.
KS Stat § 5-445 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-445 Vacating award.

5-445. Vacating award. (a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding 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 arbitrator;(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 K.S.A. 2021 Supp. 5-437, and amendments thereto, 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 K.S.A. 2021 Supp. 5-437(c), and amendments thereto, not later than the beginning of the arbitration hearing; or(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in K.S.A. 2021 Supp. 5-431, and amendments thereto, 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 pursuant to K.S.A. 2021 Supp. 5-441, and amendments thereto, or within 90 days after the movant receives notice of the award pursuant to K.S.A. 2021 Supp. 5-442, and amendments thereto, unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case, the motion must be made within 90 days after the ground is known or, by the exercise of reasonable care, would have been known by the movant.(c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4) or (6), the rehearing must be 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 K.S.A. 2021 Supp. 5-441(b), and amendments thereto, for an award.(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.History: L. 2018, ch. 90, § 23; July 1.
KS Stat § 5-446 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-446 Modification or correction of award.

5-446. Modification or correction of award. (a) Upon motion made within 90 days after the movant receives notice of the award pursuant to K.S.A. 2021 Supp. 5-441, and amendments thereto, or within 90 days after the movant receives notice of a modified or corrected award pursuant to K.S.A. 2021 Supp. 5-442, and amendments thereto, 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 made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, 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.History: L. 2018, ch. 90, § 24; July 1.
KS Stat § 5-447 (2021)
2021 Kansas Statutes|Chapter 5 - Arbitration And Award|Article 4 - Uniform Arbitration Act|5-447 Judgment on award; attorney fees and litigation expenses.

5-447. 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 K.S.A. 2021 Supp. 5-444, 5-445 or 5-446, and amendments thereto, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award.History: L. 2018, ch. 90, § 25; July 1.