reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 3 - PRISONERS - ADMINISTRATIVE REMEDIES (§§ 16-106-301 — 16-106-302) › Section 16-106-301 - Exhaustion of administrative remedies required - Definition

(a)
An incarcerated person may not bring an action with respect to prison conditions under the Arkansas Civil Rights Act of 1993, §
16-123-101
et seq., any other state law,
42 U.S.C. § 1983
, or any other federal law until the incarcerated person has exhausted all available administrative remedies.
(b)
As used in this section, "incarcerated person" means a person who:
(1)
Has been convicted of an offense and is incarcerated for that offense; or
(2)
Is being held in custody for trial or sentencing.
(c)
This section does not apply to an action challenging the validity of a conviction or sentence, including without limitation the following actions:
(1)
Direct appeal;
(2)
A petition under Rule 37 of the Arkansas Rules of Criminal Procedure;
(3)
A petition for writ of error coram nobis; or
(4)
A petition for writ of habeas corpus.
(d)
When determining the issue of exhaustion of administrative remedies, including if a dismissal of an action is without prejudice, the court may look to state and federal court decisions that interpret the Prison Litigation Reform Act,
42 U.S.C. § 1997e
.
Amended by Act 2019, No. 444,§ 1, eff. 7/24/2019.
Acts 1997, No. 851, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 3 - PRISONERS - ADMINISTRATIVE REMEDIES (§§ 16-106-301 — 16-106-302) › Section 16-106-302 - Sanctions for frivolous, malicious, or wasteful claim

(a)
The court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions under
42 U.S.C. § 1983
or any other federal law, by any incarcerated person if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.
(b)
In the event that a claim is, on its face, frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief, the court may dismiss the underlying claim without first requiring the exhaustion of administrative remedies.
Acts 1997, No. 851, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 4 - WAIVER OF SOVEREIGN IMMUNITY (§§ 16-106-401 — 16-106-402) › Section 16-106-401 - Settlement negotiations

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it enters into negotiations concerning the possible settlement of pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, Rule 23 of the Federal Rules of Civil Procedure, or otherwise.
Acts 2003, No. 298, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 106 - ACTIONS BY OR AGAINST STATE (§§ 16-106-101 — 16-106-402) › Subchapter 4 - WAIVER OF SOVEREIGN IMMUNITY (§§ 16-106-401 — 16-106-402) › Section 16-106-402 - Communications regarding claims or litigation

The State of Arkansas does not waive its sovereign immunity when, through its counsel or otherwise, it communicates to a court, counsel, or citizens, or otherwise, with respect to the possibility of settling, on any terms or conditions, any pending or threatened claims or litigation, whether the pending or threatened claims or litigation are governed by Rule 23 of the Arkansas Rules of Civil Procedure, the Federal Rules of Civil Procedure, or otherwise.
Acts 2003, No. 298, § 2.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-107-101 — 16-107-102) › Section 16-107-101 - Liability of surety upon forgery, erasure, or withdrawal of cosurety's name

If it appears that the name of any person has been signed to any bond or other obligation as surety thereon without his or her consent, or that the name of any person which has been at any time properly signed as surety to any bond or obligation has been erased or withdrawn therefrom before delivery thereof, without the consent of other persons signing the bond or other obligation as sureties prior or subsequently to the erasure or withdrawal, the signing without authority or erasure or withdrawal shall not have the effect of rendering the bond or other obligation void as to all of the other obligors thereon. The sole effect thereof shall be to diminish the extent of the liability of the sureties thereon, other than those whose names may have been so signed without authority or erased as aforesaid, by an amount equal to that which would have been contributed to discharge the common liability by the persons whose names were so signed without authority, or erased as aforesaid, had the want of authority, or erasure not existed.
Acts 1891, No. 55, § 1, p. 91; C. & M. Dig., § 8283; Pope's Dig., § 10860; A.S.A. 1947, § 34-328.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-107-101 — 16-107-102) › Section 16-107-102 - Signature of surety conditional upon signature of cosurety no defense - Liability

(a)
It shall not be a defense in favor of any surety on any bond or obligation that he or she became surety thereon on the condition that the principal obligor should procure the cosuretyship of other persons before the instrument should be delivered. This shall be the case whether the names of the contemplated cosureties appear upon the face of the instrument at the time the condition is stated or are specified in an independent agreement or understanding.
(b)
In case of every failure to procure the joinder of the contemplated cosureties, the liability of the sureties who actually sign the bond or other obligation shall be as complete and valid as if no condition had been mentioned. The instrument to which their names are signed shall be deemed and taken to all intents and purposes as their obligation.
Acts 1891, No. 55, § 2, p. 91; C. & M. Dig., § 8296; Pope's Dig., § 10873; A.S.A. 1947, § 34-329.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-201 - Applicability

(a)
The provisions of this subchapter in relation to suits on official bonds shall apply as well to suits on bonds of administrators, executors, guardians, and others required by law to give bond, with condition for the performance of any duty or trust, as to suits on bonds of officers.
(b)
The persons aggrieved may prosecute suits in the same manner, with like effect, and subject in all respects to the provisions contained in this subchapter, in respect to suits on official bonds.
(c)
The court shall possess the same power in relation to the suits.
Rev. Stat., ch. 112, § 27; C. & M. Dig., § 8186; Pope's Dig., § 10617; A.S.A. 1947, § 34-327.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-202 - Breach of condition to pay money

(a)
In all actions brought upon bonds to which there is a condition or defeasance annexed by which the bond is to become void on the payment of a less sum, the plaintiff shall set out the condition in his or her complaint and may assign as many breaches as he or she may think proper.
(b)
The defendant in the action may plead payment of the principal sum and interest due by the condition of the bond before the commencement of the action in bar thereof, although the payment was not strictly according to the condition.
(c)
Whenever any action shall be pending on the bond, the defendant may, at any time before judgment rendered in the action, pay to the plaintiff, or bring into court for the plaintiff's use, the principal sum and interest due on the bond, together with the costs in the action, and thereupon the action shall be discontinued.
(d)
If judgment is recovered on any such bond, the judgment shall be rendered for the sum of money really due, according to the condition, with interest and costs, and execution shall issue thereon accordingly.
Rev. Stat., ch. 112, §§ 1-4; C. & M. Dig., §§ 8164-8166; Pope's Dig., §§ 10595-10597; A.S.A. 1947, §§ 34-301 -- 34-304.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-203 - Breach of condition other than to pay money

(a)
When an action shall be prosecuted in any court of law, upon any bond for the breach of any condition other than for payment of money, or shall be prosecuted for any penal sum for the nonperformance of any covenant or written agreement, the plaintiff in his or her complaint shall assign the specific breaches for which the action is brought.
(b)
Upon the trial of the action, if the jury finds that any assignment of the breaches is true, they shall assess the damages occasioned by the breach, in addition to their finding.
(c)
If, in the action, the plaintiff shall obtain judgment upon demurrer, by confession or default, the court shall make an order therein that the truth of the breaches assigned be inquired into and the damages sustained thereby assessed, at the same or the next term, and the court shall proceed thereon in the same manner as in other cases of inquiry of damages.
(d)
In every action, if the plaintiff recovers, the verdict assessing the damages shall be entered on the record, and judgment shall be entered for the penalty of the bond, or for the penal sum forfeited, together with costs of suit, and with a further judgment that the plaintiff have execution for the damages so assessed, which damages shall be specified in the judgment.
(e)
The execution on the judgment shall be in the usual form, reciting the recovery, and directing the county sheriff to levy the amount of damages so assessed, which amount shall be stated with interest thereon from the time of the assessment, and the costs of the suit.
(f)
(1)
If the amount so directed to be levied shall be collected or otherwise paid or satisfied, the real and personal estate and body of the defendant shall be exonerated from further liability for the damages so assessed.
(2)
However, the judgment rendered for the penalty of the bond shall remain as a security for any damages that may be thereafter sustained by the further breach of any condition of the bond or the nonperformance of any other covenant or written agreement by the defendant, the performance of which was secured by the penal sum.
Rev. Stat., ch. 112, §§ 5-10; C. & M. Dig., §§ 8167-8171; Pope's Dig., §§ 10598-10602; A.S.A. 1947, §§ 34-305 -- 34-310.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-204 - Subsequent breaches

(a)
Whenever further breaches shall occur, the plaintiff or his of her personal representative may have a scire facias upon the judgment, suggesting the breaches against the defendant, and all parties bound thereby, and commanding that they be summoned to show cause why an execution should not be had upon the judgment for the amount of damages sustained by the further breaches.
(b)
The like proceedings to ascertain damages shall be had upon the writ, as provided in the original suit on the bond. If the plaintiff recovers, judgment shall be rendered that the plaintiff have execution to collect the amount of damages assessed and costs.
(c)
The execution issued on the judgment shall have like effect and be proceeded on in all things as in the first instance. However, the judgment shall remain as a security for further breaches, and so on, as often as occasion may require.
(d)
Whenever in any action brought according to the provisions of this subchapter the jury finds that any assignment of breaches is not true, this finding shall be a bar to any other or further suit by scire facias or otherwise, for the recovery of any damages alleged to have been sustained by occasion of the same breaches so assigned.
Rev. Stat., ch. 112, §§ 11-14; C. & M. Dig., §§ 8172-8175; Pope's Dig., §§ 10603-10606; A.S.A. 1947, §§ 34-311 -- 34-314.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-205 - Official bonds generally

(a)
In all cases where by the laws of this state, any person is authorized to prosecute a suit to his or her own use on any official bond, he or she shall sue in the name of the state or other obligee named in the bond, stating in the process, pleadings, proceedings, and record in the action, that the suit is brought for the use of the person suing.
(b)
In the actions, the same pleadings and proceedings shall be had as before provided in cases of suits upon bonds with conditions other than for the payment of money, except as otherwise provided in this subchapter.
(c)
A judgment for the defendant in the action shall be a bar to any other suit that may be brought on the same official bond for the use of the same person for any delinquency or default which was assigned as a breach of the condition of the bond in the action in which the judgment was rendered.
(d)
Any other party aggrieved may in like manner prosecute an action on an official bond, and the pendency of any suit for the use of any other person on the same bond, or a judgment recovered by or against any other person on the bond, shall not abate or in any manner affect the suit or the proceedings therein, except as otherwise provided in this subchapter.
(e)
Every suit brought on an official bond to the use of the party aggrieved and every judgment thereon shall be deemed the private suit and judgment of the relator, in the same manner as if he or she were the nominal plaintiff, and the relator shall be liable for costs as other plaintiffs.
Rev. Stat., ch. 112, §§ 15-18, 21; C. & M. Dig., §§ 8176-8178; Pope's Dig., §§ 10607-10609; A.S.A. 1947, §§ 34-315 -- 34-318, 34-321.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-206 - Official bonds - Subsequent breaches

(a)
Any person who may have recovered any judgment upon an official bond may, in like manner, again prosecute an action on the bond whenever he or she may be aggrieved by any default or delinquency, other than such as shall have been the subject of a former suit, and shall proceed as provided in this subchapter.
(b)
No scire facias shall be brought upon any judgment rendered upon an official bond, by the same or any other relator, for any breach of the condition of the bond.
Rev. Stat., ch. 112, §§ 19, 20; C. & M. Dig., §§ 8179, 8180; Pope's Dig., §§ 10610, 10611; A.S.A. 1947, §§ 34-319, 34-320.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-207 - Official bonds - Plea and liability of surety

(a)
No suit shall be barred nor shall the amount which the plaintiff shall be entitled to recover be affected by any plea made by any surety in the bond of a former judgment recovered thereon unless it is accompanied by an allegation that the sureties, or some of them, have been obliged to pay the damages on the judgment, or some part thereof, for the want of sufficient property of the principal whereon to levy the damages, or that they will be obliged to pay the damages, or a part thereof, for the same reason; nor unless the plea is verified by oath.
(b)
If it shall appear that the amount of damages so recovered which a security has been or will be obliged to pay, as specified in subsection (a) of this section, is equal to the amount for which the defendant shall be liable by virtue of the bond, he or she shall be acquitted and discharged from all further liability, and judgment rendered in his or her favor.
(c)
If it shall appear that the amount of damages so recovered and which the surety has paid or will be obliged to pay is not equal to the amount of his or her liability, the amount thereof shall be allowed to him or her in estimating the extent of his or her liability in the action.
Rev. Stat., ch. 112, §§ 22-24; C. & M. Dig., §§ 8181-8183; Pope's Dig., §§ 10612-10614; A.S.A. 1947, §§ 34-322 -- 34-324.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 2 - ACTIONS ON BONDS (§§ 16-107-201 — 16-107-208) › Section 16-107-208 - Official bonds - Judgment

(a)
Whenever a judgment shall be obtained on any official bond, against principal and sureties, a direction shall be endorsed on the execution, by the plaintiff or his or her attorney, to levy the amount, in the first place, on the property of the principal and, if sufficient property of the principal cannot be found to satisfy the execution, then to levy the deficiency on the property of the sureties.
(b)
If several judgments are obtained at the same time upon any official bond for damages amounting in the whole to more than the sum for which the sureties are liable, the court shall order the moneys levied from the property of the sureties on the judgments to be divided and distributed among the persons to whose use the judgments were rendered respectively, in proportion to the amount of their respective recoveries.
Rev. Stat., ch. 112, §§ 25, 26; C. & M. Dig., §§ 8184, 8185; Pope's Dig., §§ 10615, 10616; A.S.A. 1947, §§ 34-325, 34-326.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-301 - Action against principal to discharge debt

A surety may maintain an action against his or her principal to compel the principal to discharge the debt or liability for which the surety is bound after the debt or liability has become due.
Civil Code, § 749; C. & M. Dig., § 8284; Pope's Dig., § 10861; A.S.A. 1947, § 34-330.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-302 - Action against principal before debt due

(a)
A surety may maintain an action against his or her principal to obtain indemnity against the debt or liability for which the surety is bound, before it is due, whenever any of the grounds exist upon which, by the provisions of §§
16-109-102
[repealed],
16-110-101
,
16-110-104
,
16-110-202
, or
16-110-203
, an order may be made for arrest and bail, or for attachment.
(b)
In the action the surety may obtain any of the provisional remedies in Title VIII of the Code of Practice in Civil Cases upon the ground and in the manner prescribed therein.
Civil Code, §§ 750, 751; C. & M. Dig., §§ 8285, 8286; Pope's Dig., §§ 10862, 10863; A.S.A. 1947, §§ 34-331, 34-332.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-303 - Recovery of money and property from principal debtor

(a)
When any bond, bill, or note for the payment of money or delivery of property shall not be paid by the principal debtor, according to the tenor thereof, and the bond, bill, or note, or any part thereof shall be paid by the security, the principal debtor shall refund to the security the amount or value, with interest thereon at the rate of ten percent (10%) per annum, from the time of payment.
(b)
(1)
When the payment by a security shall be made in money, the security may recover the money with interest, in an action for so much money, paid to the use of the defendant.
(2)
When payment is made in property, he or she may recover the value, with the interest, in an action for so much property sold to the defendant.
Rev. Stat., ch. 137, §§ 4, 5; C. & M. Dig., §§ 8290, 8291; Pope's Dig., §§ 10867, 10868; A.S.A. 1947, §§ 34-336, 34-337.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-304 - Action against cosurety

(a)
When there are two (2) or more securities in the bond, bill, or note and any of them shall pay in money or property, more than his or her due proportion of the original demand, the security may recover the excess in the same form of action as provided in this subchapter for a security against the principal debtor.
(b)
No security shall be compelled in any action, as specified in subsection (a) of this section, to pay more than his or her due proportion of the original demand. When the security shall have previously paid any part thereof, he or she shall be liable in the action to pay only so much as the amount already paid by him or her falls short of his or her due proportion of the original demand.
Rev. Stat., ch. 137, §§ 6, 7; C. & M. Dig., §§ 8292, 8293; Pope's Dig., §§ 10869, 10870; A.S.A. 1947, §§ 34-338, 34-339.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-305 - Judgment against principal on motion

(a)
In all cases where judgment is given in any circuit court upon any bond, bill, or note for the payment of money or the delivery of property, against the principal debtor and securities therein, and the security shall pay the judgment or any part thereof, he or she shall be entitled, upon motion, to judgment in the same court against the principal debtor for the amount he or she is entitled to recover, together with costs.
(b)
No judgment shall be rendered as provided in subsection (a) of this section unless the party applying therefor shall have given the adverse party at least ten (10) days' notice in writing of the motion, nor unless the motion shall be made within one (1) year from the rendition of the original judgment.
Rev. Stat., ch. 137, §§ 8, 9; C. & M. Dig., §§ 8294, 8295; Pope's Dig., §§ 10871, 10872; A.S.A. 1947, §§ 34-340, 34-341.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 107 - ACTIONS INVOLVING BONDS, NOTES, ETC (§§ 16-107-101 — 16-107-306) › Subchapter 3 - SURETIES' REMEDIES (§§ 16-107-301 — 16-107-306) › Section 16-107-306 - Action against executors and administrators

Actions for the remedies given by this section and §§
16-107-303
-
16-107-305
,
21-2-111
, and
21-2-112
, may be maintained by and against executors and administrators in all cases where they could be maintained by or against their testators or intestates.
Rev. Stat., ch. 137, § 18; C. & M. Dig., § 8305; Pope's Dig., § 10882; A.S.A. 1947, § 34-342.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-101 - Proceedings

The proceedings upon arbitration and award made under an order or rule of court, or by consent of parties in vacation, shall be as follows in this subchapter.
Civil Code, § 494; C. & M. Dig., § 414; Pope's Dig., § 451; A.S.A. 1947, § 34-501.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-102 - Submission of controversy

(a)
All controversies which might be the subject of a suit or action may be submitted to the decision of one (1) or more arbitrators, or to two (2) and their umpire, in the manner provided in this subchapter.
(b)
Parties may make submission by rule of any court having jurisdiction of the subject matter or by consent, in vacation. The parties making the submission shall, where there is no suit or action pending, by written agreement filed and noted on the record or by an entry on the record, state what matter is submitted.
(c)
The rule of the court shall state the time in which the award is to be made and returned. The court may enlarge the time for making and returning an award.
Civil Code, § 494; C. & M. Dig., §§ 415-418; Pope's Dig., §§ 452-455; A.S.A. 1947, § 34-502.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-103 - Oath and powers of arbitrators and umpires

(a)
(1)
Arbitrators and the umpire, if there is one, before they proceed to act, shall take an oath to decide the controversy submitted to them according to law and evidence and the equity of the case, to the best of their judgment, without favor or affection.
(2)
A certificate of the oath shall be returned to the court with the award.
(b)
They shall have power to examine either party, on oath, at the request of his or her adversary.
(c)
(1)
Any one (1) of the arbitrators shall have power to issue subpoenas for witnesses to attend their sitting and give evidence touching the matters referred to them, to which all county sheriffs and other like officers shall give obedience.
(2)
Witnesses failing to attend before arbitrators at the time and place designated or who refuse to give evidence when they do attend shall be reported to the court by the arbitrators and proceeded against and punished as if the case had been pending in court.
Civil Code, § 494; C. & M. Dig., §§ 419-421; Pope's Dig., §§ 456-458; A.S.A. 1947, §§ 34-503, 34-504.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-104 - Submission by fiduciaries

(a)
The personal representatives of a decedent, guardian of an infant, guardian of an idiot or lunatic, or any trustee may make a submission as provided for in this subchapter touching the estate of the decedent, infant, insane person, or person in respect to which he or she is trustee.
(b)
Any submission so made in good faith, and the award made thereon, shall be binding and shall be entered as the judgment or decree of the court.
(c)
No fiduciary shall be responsible for any loss sustained by an award adverse to the interest he or she represents unless the adverse award is caused by his or her fault or neglect.
Civil Code, § 494; C. & M. Dig., § 422; Pope's Dig., § 459; A.S.A. 1947, § 34-505.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-105 - Refusal of arbitrator to act

If any arbitrator fails or refuses to act, the court may set aside the order of reference.
Civil Code, § 494; C. & M. Dig., § 423; Pope's Dig., § 460; A.S.A. 1947, § 34-506.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-108-101 — 16-108-107) › Section 16-108-107 - Award

(a)
(1)
The arbitrators and umpire, if there is one, shall meet at such convenient times and places as may be necessary, of which the parties shall have reasonable notice. They shall hear such evidence as either party may adduce.
(2)
They shall have power to administer oaths.
(3)
They shall make their award in writing, stating therein the time when it is made, and shall sign it.
(4)
When the award is made out, one (1) copy shall be delivered to each of the contending parties. The original shall be returned to the court, and on it the arbitrators shall note the time of delivering a copy to each party.
(b)
If the award is made out and returned, and copies delivered ten (10) days before the term of court next succeeding the delivery, the award shall be entered of record and made the judgment or decree of the court unless, on exceptions filed, the award shall be set aside.
(c)
No award shall be set aside for the want of form. However, courts shall have power over awards on equitable principles as heretofore.
Civil Code, § 494; C. & M. Dig., §§ 424-426; Pope's Dig., §§ 461-463; A.S.A. 1947, §§ 34-507 -- 34-509.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-201 - Definitions

In this subchapter:
(1)
"Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
(2)
"Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
(3)
"Court" means a court of competent jurisdiction in this State.
(4)
"Knowledge" means actual knowledge.
(5)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(6)
"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.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-202 - Notice

(a)
Except as otherwise provided in this subchapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(b)
A person has notice if the person has knowledge of the notice or has received notice.
(c)
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.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-203 - When subchapter applies

(a)
This subchapter governs an agreement to arbitrate made on or after July 27, 2011.
(b)
This subchapter governs an agreement to arbitrate made before July 27, 2011, if all the parties to the agreement or to the arbitration proceeding so agree in a record.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-204 - Effect of agreement to arbitrate - Nonwaivable provisions

(a)
Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this subchapter to the extent permitted by law.
(b)
Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(1)
waive or agree to vary the effect of the requirements of §
16-108-205(a)
, §
16-108-206(a)
, §
16-108-208
, §
16-108-217(a)
, §
16-108-217(b)
, §
16-108-226
, or §
16-108-228
;
(2)
agree to unreasonably restrict the right under §
16-108-209
to notice of the initiation of an arbitration proceeding;
(3)
agree to unreasonably restrict the right under §
16-108-212
to disclosure of any facts by a neutral arbitrator; or
(4)
waive the right under §
16-108-216
of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this subchapter, however an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c)
A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or §
16-108-203(a)
, §
16-108-207
, §
16-108-214
, §
16-108-218
, §
16-108-220(d)
, §
16-108-220(e)
, §
16-108-222
, §
16-108-223
, §
16-108-224
, §
16-108-225(a)
, §
16-108-225(b)
, §
16-108-230
, or §
16-108-233
.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-205 - Application for judicial relief

(a)
Except as otherwise provided in §
16-108-228
, an application for judicial relief under this subchapter must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.
(b)
Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this subchapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
Acts 1969, No. 260, § 16; A.S.A. 1947, § 34-526; Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-206 - 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 a contract.
(b)
The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(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.
Acts 1969, No. 260, § 1; 1981, No. 616, § 1; A.S.A. 1947, § 34-511; Acts 1993, No. 287, § 1; 2003, No. 1185, § 224; 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-207 - 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:
(1)
if the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(2)
if the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement 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.
(c)
If the court finds that there is no enforceable agreement, it may not under subsection (a) or subsection (b) order the parties to arbitrate.
(d)
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.
(e)
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 made in that court. Otherwise, a motion under this section may be made in any court as provided in §
16-108-227
.
(f)
If a party makes a motion to the court to order arbitration, the court on just terms shall 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.
(g)
If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
Acts 1969, No. 260, § 2; A.S.A. 1947, § 34-512; Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-208 - 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:
(1)
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; and
(2)
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 timely or the arbitrator cannot provide an adequate remedy.
(c)
A party does not waive a right of arbitration by making a motion under subsection (a) or subsection (b).
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-209 - 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 certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(b)
Unless a person objects for lack or insufficiency of notice under §
16-108-215(c)
not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-210 - 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 some claims and allow other claims to be resolved in separate arbitration proceedings.
(c)
Except as provided in subsection (d) of this section, the court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
(d)
(1)
An agreement that prohibits the consolidation of arbitration claims or proceedings or denies arbitration for a class of persons involving substantially similar issues shall be closely scrutinized and shall not be enforced if found unconscionable.
(2)
An agreement may be found unconscionable under this subsection (d) if:
(A)
The agreement is unreasonable, one-sided, or contains language that is difficult to notice or to understand;
(B)
A meaningful choice of whether or not to agree to the arbitration provisions of the agreement is not provided; or
(C)
The agreement is not balanced or fair under reasonable standards of fair dealing.
Acts 2011, No. 695, § 1.
Arkansas Code of 1987 (2023) › Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206) › Subtitle 7 - PARTICULAR PROCEEDINGS AND REMEDIES (§§ 16-105-201 — 16-131-206) › Chapter 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-211 - 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.
Acts 1969, No. 260, § 3; A.S.A. 1947, § 34-513; Acts 2011, No. 695, § 1.