reglab/housing_qa huggingface dataset:
MO Rev Stat § 434.302 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 434 - Contracts Against Public Policy|Section 434.302 - Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation.

Effective - 28 Aug 2014   434.302. Contract or agreement void, when — moneys paid to be returned for violation — action to enforce restitution, time limitation. — 1. Any contract or agreement made in violation of section 434.301 is void. All sums paid to or collected by a pension assignee in violation of section 434.301 shall be returned by the pension assignee to the benefit recipient or his or her heirs or beneficiaries as restitution.  2. Any benefit recipient, his or her guardian or conservator, or heir or beneficiary may bring an action to enforce the restitution authorized under this section.  3. Notwithstanding any other provision of law to the contrary, any actions brought under this section must be commenced within five years after any individual or entity engages in any act or practice in violation of 434.301. ­­-------- (L. 2014 H.B. 1217)
MO Rev Stat § 434.303 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 434 - Contracts Against Public Policy|Section 434.303 - Attorney general may bring action, when — recovery procedures.

Effective - 28 Aug 2014   434.303. Attorney general may bring action, when — recovery procedures. — 1. Whenever it appears that any individual or entity is engaged or is about to engage in any act or practice which is in violation of section 434.301, the attorney general may bring an action in the circuit court having venue to enjoin such act or practice, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond.  2. The attorney general may seek the recovery authorized under section 434.302 on behalf of the benefit recipient or his or her heirs or beneficiaries and the state, and may exercise the investigative and enforcement powers authorized under chapter 407 to the attorney general and the attorney general may have such recovery of costs as authorized under chapter 407. ­­-------- (L. 2014 H.B. 1217)
MO Rev Stat § 434.304 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 434 - Contracts Against Public Policy|Section 434.304 - Actions under chapter 409 not prohibited.

Effective - 28 Aug 2014   434.304. Actions under chapter 409 not prohibited. — Nothing in sections 434.301 to 434.303 shall prohibit any action permitted under chapter 409. ­­-------- (L. 2014 H.B. 1217)
MO Rev Stat § 435.012 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.012 - Notice, contents of, effect of insufficient notice.

Effective - 28 Aug 1986   435.012. Notice, contents of, effect of insufficient notice. — 1. In order to insure that all parties to an arbitration proceeding are aware of their rights under the provisions of sections 435.350 to 435.470, the notification served upon the parties by the arbitrator pursuant to subdivision (1) of section 435.370 shall contain a clear and concise statement of the issue subject to arbitration, if such has been agreed upon, and a statement advising the parties of their rights under sections 435.350 to 435.470 including, but not limited to:  (1) The right to be represented by an attorney;  (2) The right to seek subpoenas for the attendance of witnesses and subpoenas duces tecum;  (3) The right to be heard, to present evidence and cross-examine witnesses;  (4) The right to adjournment for good cause.  2. The notification shall include a brief statement detailing the name, experience and educational background of each neutral arbitrator.  3. Failure of the arbitrator, agent or sponsoring organization to provide notification as required by subsections 1 and 2 of this section shall be grounds for continuing the arbitration hearing for a period of at least ten days. ­­-------- (L. 1986 H.B. 887 § 1)
MO Rev Stat § 435.014 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.014 - Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential.

Effective - 28 Aug 1986   435.014. Arbitrators, may not be subpoenaed — proceedings regarded as settlement negotiations, communications confidential. — 1. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation or mediation, then no person who serves as arbitrator, conciliator or mediator, nor any agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the arbitration, conciliation or mediation.  2. Arbitration, conciliation and mediation proceedings shall be regarded as settlement negotiations. Any communication relating to the subject matter of such disputes made during the resolution process by any participant, mediator, conciliator, arbitrator or any other person present at the dispute resolution shall be a confidential communication. No admission, representation, statement or other confidential communication made in setting up or conducting such proceedings not otherwise discoverable or obtainable shall be admissible as evidence or subject to discovery. ­­-------- (L. 1986 H.B. 887 § 2)
MO Rev Stat § 435.350 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.350 - Validity of arbitration agreement, exceptions.

Effective - 28 Aug 1996   435.350. Validity of arbitration agreement, exceptions. — A written agreement to submit any existing controversy to arbitration or a provision in a written contract, except contracts of insurance and contracts of adhesion, to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. Contracts which warrant new homes against defects in construction and reinsurance contracts are not "contracts of insurance or contracts of adhesion" for purposes of the arbitration provisions of this section. ­­-------- (L. 1980 H.B. 1203 § 1, A.L. 1996 H.B. 929)  (2000) Section regulates the business of insurance and thus is not preempted by the Federal Arbitration Act due to the provisions of the McCarran-Ferguson Act. Standard Security Life Ins. Co. v. West, 127 F.Supp.2d 1064 (W.D.Mo.); aff'd, 267 F.3d 821 (8th Cir. 2001).  (2011) Attempted preemption by the Federal Arbitration Act of section's exclusion of arbitration provisions from insurance contracts is barred by the McCarran-Ferguson Act. Sturgeon v. Allied Professionals Insurance Co., 344 S.W.3d 205 (Mo.App. E.D.).
MO Rev Stat § 435.355 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.355 - Proceedings to compel or stay arbitration.

Effective - 28 Aug 1980   435.355. Proceedings to compel or stay arbitration. — 1. On application of a party showing an agreement described in section 435.350, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.  2. On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.  3. If an issue referable to arbitration under the alleged agreement is involved in action or proceeding pending in a court having jurisdiction to hear applications under subsection 1 of this section, the application shall be made therein. Otherwise and subject to section 435.435, the application may be made in any court of competent jurisdiction.  4. Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.  5. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. ­­-------- (L. 1980 H.B. 1203 § 2)
MO Rev Stat § 435.360 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.360 - Appointment of arbitrators by court.

Effective - 28 Aug 1980   435.360. Appointment of arbitrators by court. — If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. ­­-------- (L. 1980 H.B. 1203 § 3)
MO Rev Stat § 435.365 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.365 - Majority action by arbitrators.

Effective - 28 Aug 1980   435.365. Majority action by arbitrators. — The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by sections 435.350 to 435.470. ­­-------- (L. 1980 H.B. 1203 § 4)
MO Rev Stat § 435.370 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.370 - Hearing.

Effective - 28 Aug 1980   435.370. Hearing. — Unless otherwise provided by the agreement:  (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.  (2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.  (3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. ­­-------- (L. 1980 H.B. 1203 § 5)  CROSS REFERENCE:  Contents of notification, 435.012
MO Rev Stat § 435.375 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.375 - Representation by attorney.

Effective - 28 Aug 1980   435.375. Representation by attorney. — A party has the right to be represented by an attorney at any proceeding or hearing under sections 435.350 to 435.470. A waiver thereof prior to the proceeding or hearing is ineffective. ­­-------- (L. 1980 H.B. 1203 § 6)
MO Rev Stat § 435.380 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.380 - Witnesses, subpoenas, depositions.

Effective - 28 Aug 1980   435.380. Witnesses, subpoenas, depositions. — 1. The arbitrators may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.  2. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.  3. All provisions of law compelling a person under subpoena to testify are applicable.  4. Fees for attendance as a witness shall be the same as for a witness in the circuit court. ­­-------- (L. 1980 H.B. 1203 § 7)
MO Rev Stat § 435.385 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.385 - Award.

Effective - 28 Aug 1980   435.385. Award. — 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.  2. An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. ­­-------- (L. 1980 H.B. 1203 § 8)
MO Rev Stat § 435.390 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.390 - Change of award by arbitrators.

Effective - 28 Aug 1980   435.390. Change of award by arbitrators. — On application of a party or, if an application to the court is pending under section 435.400, 435.405 or 435.410, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions (1) and (3) of subsection 1 of section 435.410, or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of sections 435.400, 435.405 and 435.410. ­­-------- (L. 1980 H.B. 1203 § 9)
MO Rev Stat § 435.395 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.395 - Fees and expenses of arbitration.

Effective - 28 Aug 1980   435.395. Fees and expenses of arbitration. — Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. ­­-------- (L. 1980 H.B. 1203 § 10)
MO Rev Stat § 435.400 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.400 - Confirmation of an award.

Effective - 28 Aug 1980   435.400. Confirmation of an award. — Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 435.405 and 435.410. ­­-------- (L. 1980 H.B. 1203 § 11)  (1991) Where employee's suit was a hybrid Section 301 of the federal Labor Management Relations Act and a fair representation claim to which a six-month statute of limitations applied, Missouri statute allowing successful litigant ten years to collect judgment did not apply to employee's suit against his employer to enforce arbitration back pay award. Livingstone v. Schnuck Market, Inc., 950 F.2d 579 (8th Cir.).
MO Rev Stat § 435.405 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.405 - Vacating an award — de novo judicial review, when.

Effective - 28 Aug 1998   435.405. Vacating an award — de novo judicial review, when. — 1. Upon application of a party, the court shall vacate an award where:  (1) The award was procured by corruption, fraud or other undue means;  (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;  (3) The arbitrators exceeded their powers;  (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of section 435.370, as to prejudice substantially the rights of a party; or  (5) There was no arbitration agreement and the issue was not adversely determined in proceedings pursuant to section 435.355 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.  2. An application pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.  3. In vacating the award on grounds other than stated in subdivision (5) of subsection 1 of this section or subsection 5 of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with section 435.360, or if the award is vacated on grounds set forth in subdivisions (3) and (4) of subsection 1 of this section the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 435.360. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.  4. If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.  5. Notwithstanding the provisions of this section, if an arbitration award in any legal proceeding pursuant to chapter 452 or chapter 454 determines an issue regarding a child of the marriage, such determination shall be subject to de novo judicial review. ­­-------- (L. 1980 H.B. 1203 § 12, A.L. 1998 S.B. 910)  (1998) Section does not authorize setting aside award due to manifest disregard of the law. Edward D. Jones & Co. v. Schwartz, 969 S.W.2d 788 (W.D.Mo.).
MO Rev Stat § 435.410 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.410 - Modification or correction of award.

Effective - 28 Aug 1980   435.410. Modification or correction of award. — 1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:  (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;  (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or  (3) The award is imperfect in a matter of form, not affecting the merits of the controversy.  2. If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.  3. An application to modify or correct an award may be joined in the alternative with an application to vacate the award. ­­-------- (L. 1980 H.B. 1203 § 13)
MO Rev Stat § 435.415 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.415 - Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined.

Effective - 28 Aug 2021, 2 histories   435.415. Judgment or decree on award — certain arbitration awards not binding, not admissible, and not basis for judgment or decree, when — insurer defined. — 1. Except as provided in subsection 2 of this section, upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.  2. Any arbitration award for personal injury, bodily injury, or death or any judgment or decree entered on an arbitration award for personal injury, bodily injury, or death shall not be binding on any insurer, shall not be admissible in evidence in any lawsuit against any insurer for any party to an arbitration award, and shall not provide the basis for any judgment or decree, including any garnishment, against any insurer, unless the insurer has agreed in writing to the arbitration proceeding. Any arbitration award for personal injury, bodily injury, or death or any judgment or decree confirming, modifying, or correcting any arbitration award for personal injury, bodily injury, or death shall not be subject to garnishment, enforcement, or collection from any insurer unless the insurer has agreed in writing to the written arbitration agreement. Unless otherwise required by the insurance contract, an insurer's election not to participate in an arbitration proceeding shall not constitute, nor be construed to be, bad faith. This section shall not apply to any arbitration required by statute or arising out of an arbitration agreement preceding the date of the injury or loss which is the subject of the arbitration.  3. As used in this section, the term "insurer" shall include any entity authorized to transact liability insurance business in this state including, but not limited to, any liability insurance company organized, incorporated, or doing business pursuant to the provisions of chapter 379, any entity formed pursuant to section 537.620, any entity which is subject to sections 537.700 to 537.756, or any entity which provides risk management services to any public or private entity. ­­-------- (L. 1980 H.B. 1203 § 14, A.L. 2021 H.B. 345)
MO Rev Stat § 435.420 (2021)
2021 Missouri Revised Statutes|Title XXVIII - Contracts and Contractual Relations|Chapter 435 - Arbitration|Section 435.420 - Judgment roll, docketing.

Effective - 28 Aug 1980   435.420. Judgment roll, docketing. — 1. On entry of judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:  (1) The agreement and each written extension of the time within which to make the award;  (2) The award;  (3) A copy of the order confirming, modifying or correcting the award; and  (4) A copy of the judgment or decree.  2. The judgment or decree may be docketed as if rendered in an action. ­­-------- (L. 1980 H.B. 1203 § 15)