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 108 - ARBITRATION AND AWARD (§§ 16-108-101 — 16-108-233) › Subchapter 2 - UNIFORM ARBITRATION ACT (§§ 16-108-201 — 16-108-233) › Section 16-108-212 - 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 the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(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 another arbitrator.
(b)
An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c)
If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under §
16-108-223(a)(2)
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 §
16-108-223(a)(2)
may vacate an award.
(e)
An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under §
16-108-223(a)(2)
.
(f)
If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under §
16-108-223(a)(2)
.
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 16-108-213 - 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 arbitrators shall conduct the hearing under §
16-108-215(c)
.
Acts 1969, No. 260, § 4; A.S.A. 1947, § 34-514; 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 16-108-214 - Immunity of arbitrator - Competency to testify - Attorney's fees and costs

(a)
An arbitrator or an arbitration organization acting in that capacity is immune from civil damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct.
(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 §
16-108-212
does not cause any loss of qualified 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 §
16-108-223(a)(1) or (2)
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 the 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's fees and other reasonable expenses of litigation.
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 16-108-215 - 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 notified of the arbitration proceeding does 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 under §
16-108-211
to continue the proceeding and to resolve the controversy.
Acts 1969, No. 260, § 5; A.S.A. 1947, § 34-515; 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 16-108-216 - Representation by lawyer

A party to an arbitration proceeding may be represented by a lawyer.
Acts 1969, No. 260, § 6; A.S.A. 1947, § 34-516; 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 16-108-218 - Judicial enforcement of preaward ruling by arbitrator

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under §
16-108-219
. A prevailing party may make a motion to the court for an expedited order to confirm the award under §
16-108-222
, 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 §
16-108-223
or §
16-108-224
.
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 16-108-219 - Award

(a)
An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b)
An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, 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.
Acts 1969, No. 260, § 8; A.S.A. 1947, § 34-518; 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 16-108-220 - 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 §
16-108-224(a)(1) or (3)
;
(2)
because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3)
to clarify the award.
(b)
A motion under subsection (a) must be made and notice given to all parties within twenty 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 ten days after receipt of the notice.
(d)
If a motion to the court is pending under §
16-108-222
, §
16-108-223
, or §
16-108-224
, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1)
upon a ground stated in §
16-108-224(a)(1) or (3)
;
(2)
because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3)
to clarify the award.
(e)
An award modified or corrected under this section is subject to §
16-108-219(a)
and §§
16-108-222
-
16-108-224
.
Acts 1969, No. 260, § 9; A.S.A. 1947, § 34-519; 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 16-108-221 - Remedies - Fees and expenses of arbitration proceeding

(a)
An arbitrator may award any damages that a court is authorized to award by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standard otherwise applicable to the claim.
(b)
An arbitrator may award reasonable attorney's 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 §
16-108-222
or for vacating an award under §
16-108-223
.
(d)
An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e)
If requested by a party at any time prior to receipt of notice of the award, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award.
Acts 1969, No. 260, § 10; A.S.A. 1947, § 34-520; 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 16-108-222 - 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 under §
16-108-220
or §
16-108-224
or is vacated under §
16-108-223
.
Acts 1969, No. 260, § 11; A.S.A. 1947, § 34-521; 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 16-108-223 - 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 §
16-108-215
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 §
16-108-215(c)
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 §
16-108-209
so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b)
A motion under this section must be filed within ninety days after the movant receives notice of the award under §
16-108-219
or within ninety days after the movant receives notice of a modified or corrected award under §
16-108-220
, 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 ninety 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 may 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 §
16-108-219(b)
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.
Acts 1969, No. 260, § 12; A.S.A. 1947, § 34-522; Acts 2003, No. 1185, § 225; 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 16-108-224 - Modification or correction of award

(a)
Upon motion made within ninety days after the movant receives notice of the award under §
16-108-219
or within ninety days after the movant receives notice of a modified or corrected award under §
16-108-220
, 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 under this section may be joined with a motion to vacate the award.
Acts 1969, No. 260, § 13; A.S.A. 1947, § 34-523; 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 16-108-225 - Judgment on award - Attorney's 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 with the award. 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 §
16-108-222
, §
16-108-223
, or §
16-108-224
, the court may add reasonable attorney's 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.
Acts 1969, No. 260, § 14; A.S.A. 1947, § 34-524; 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 16-108-226 - Jurisdiction

(a)
A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(b)
An agreement to arbitrate providing for arbitration in this State confers exclusive jurisdiction on the court to enter judgment on an award under this subchapter.
Acts 1969, No. 260, § 17; A.S.A. 1947, § 34-527; Acts 2003, No. 1185, § 226; 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 16-108-227 - Venue

A motion under §
16-108-205
must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion may be made in the court of any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this State, in the court of any county in this State. All subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
Acts 1969, No. 260, § 18; A.S.A. 1947, § 34-528; Acts 2003, No. 1185, § 226; 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 16-108-228 - Appeals

(a)
An appeal may be taken from:
(1)
an order denying a motion to compel arbitration;
(2)
an order granting a motion to stay arbitration;
(3)
an order confirming or denying confirmation of an award;
(4)
an order modifying or correcting an award;
(5)
an order vacating an award without directing a rehearing; or
(6)
a final judgment entered under this subchapter.
(b)
An appeal under this section must be taken as from an order or a judgment in a civil action.
Acts 1969, No. 260, § 19; A.S.A. 1947, § 34-529; 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 16-108-230 - Relationship to Electronic Signatures in Global and National Commerce Act

The provisions of this subchapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act.
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 16-108-233 - Savings clause - Certain actions excluded

(a)
This subchapter does not affect an action or proceeding commenced or a right accrued before this subchapter takes effect.
(b)
This subchapter does not apply to:
(1)
Personal injury or tort matters;
(2)
Employer-employee disputes; or
(3)
An insured or beneficiary under any insurance policy or annuity contract.
Acts 1969, No. 260, § 20; A.S.A. 1947, § 34-530; 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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-101 - Grounds generally for attachment

The plaintiff in a civil action, at or after its commencement, may have an attachment against the property of the defendant, in the cases and upon the grounds stated in this section, as a security for the satisfaction of such judgment as may be recovered:
(1)
(A)
In an action for the recovery of money, where the action is against a defendant who, or several defendants who, or one (1) of whom:
(i)
Is a foreign corporation, or nonresident of the state. However, an attachment shall not be granted on the ground that the defendant or defendants, or any of them, is a foreign corporation or nonresident of this state, for any claim other than a debt or demand arising upon contract;
(ii)
Has been absent therefrom four (4) months;
(iii)
Has departed from this state, with intent to defraud his or her creditors;
(iv)
Has left the county of his or her residence to avoid the service of a summons;
(v)
So conceals himself or herself that a summons cannot be served upon him or her;
(vi)
Is about to remove, or has removed, his or her property, or a material part thereof, out of this state, not leaving enough therein to satisfy the plaintiff's claim, or the claim of the defendant's creditors;
(vii)
Has sold, conveyed, or otherwise disposed of his or her property, or suffered or permitted it to be sold, with the fraudulent intent to cheat, hinder, or delay his or her creditors; or
(viii)
Is about to sell, convey, or otherwise dispose of his or her property, with such intent.
(B)
The cause of attachment mentioned in subdivision (1)(A) of this section against one (1) or more defendants to a civil action shall not authorize an attachment against any of the defendants who are not embraced in subdivision (1)(A) of this section; but the estate or interest of the defendants, only as are embraced therein, shall be subject to attachment; or
(2)
In an action to recover possession of personal property, where it has been ordered to be delivered to the plaintiff and where the property, or part thereof, has been disposed of, concealed, or removed, so that the order for its delivery cannot be executed by the officer.
Civil Code, § 216; C. & M. Dig., § 494; Pope's Dig., § 531; A.S.A. 1947, § 31-101.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-102 - Garnishment generally

(a)
(1)
Whenever, in a civil action, the plaintiff shall have reason to believe that any other person is indebted to the defendant or has in his or her hands or possession goods and chattels, moneys, credits, and effects belonging to the defendant, the plaintiff may sue out a writ of garnishment. This writ shall set forth his or her cause of action against the defendant, and command the officer charged with the execution thereof to summon the person named therein as garnishee to appear at the return day of the summons in the action if the writ shall have been issued at the commencement thereof and, if not so issued, on such day as the court shall designate to answer what goods, chattels, moneys, credits, and effects he or she may have in his or her hands or possession belonging to the defendant.
(2)
In all such actions where the plaintiff has obtained judgment, he or she may sue out a writ of garnishment setting forth the judgment and shall proceed in the manner directed for the enforcement and collection thereof.
(b)
The plaintiffs in all cases of garnishment may also have an attachment against the property of a garnishee, who is made a defendant thereto, by stating in his or her affidavit one (1) or more of the grounds of attachment mentioned in §
16-110-101
, §
16-110-104
, §
16-110-202
, or §
16-110-203
and the amount for which the garnishee is indebted to the principal debtor, and by executing bond to the garnishee.
Civil Code, § 224; Acts 1871, No. 48, § 1 [224], p. 219; C. & M. Dig., §§ 503, 504; Pope's Dig., §§ 540, 541; A.S.A. 1947, §§ 31-102, 31-142.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-103 - Attachment in tort actions

(a)
In actions for torts committed in this state or to recover statutory penalties, a writ of attachment may be issued against the property of a defendant who is a nonresident of the state in the same manner as in actions ex contractu.
(b)
Before the clerk shall issue a writ of attachment in the action, the plaintiff shall make an affidavit and execute a bond in the same manner as provided by law in other cases of attachment.
Acts 1915, No. 290, § 21; C. & M. Dig., § 495; Pope's Dig., § 532; Acts 1947, No. 153, § 1; A.S.A. 1947, § 31-103.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-104 - Attachment before debt due

(a)
In an action brought by a creditor against his or her debtor, the plaintiff may, before his or her claim is due, have an attachment against the property of the debtor, where:
(1)
The debtor has sold, conveyed, or otherwise disposed of his or her property or suffered or permitted it to be sold, with the fraudulent intent to cheat or defraud his or her creditors, or to hinder or delay them in the collection of their debts;
(2)
The debtor is about to make such fraudulent sale, conveyance, or disposition of his or her property with such intent; or
(3)
The debtor is about to remove his or her property, or a material part thereof, out of this state with the intent or to the effect of cheating or defrauding his or her creditors or of hindering or delaying them in the collection of their debts.
(b)
The attachment authorized by subsection (a) of this section may be granted by the court in which the action is brought, by the clerk or judge thereof, or by any circuit judge in vacation, where the complaint, verified by oath of the plaintiff, his or her agent, or attorney, shows:
(1)
Any of the grounds for attachment enumerated in subsection (a) of this section;
(2)
The nature and amount of the plaintiff's claim; and
(3)
When the claim becomes due.
(c)
The order of the court, clerk, or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim, and the probable costs of the action.
(d)
The order of attachment as granted by the court, clerk, or judge shall not be issued by the clerk until there has been executed in his or her office such bond on the part of the plaintiff as is directed in §
16-110-107
.
(e)
Provisions of §§
16-110-102
,
16-110-105
-
16-110-109
,
16-110-111
-
16-110-113
,
16-110-115
-
16-110-117
,
16-110-119
,
16-110-121
,
16-110-122
,
16-110-126
,
16-110-127
,
16-110-129
,
16-110-131
-
16-110-136
, and
16-110-139
shall, so far as they are applicable, regulate attachments authorized by the article.
Civil Code, §§ 259-263; Acts 1871, No. 48, § 1 [260], p. 219; 1881, No. 53, § 1, p. 99; C. & M. Dig., §§ 549-553; Pope's Dig., §§ 586-590; A.S.A. 1947, §§ 31-201 -- 31-205.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-105 - Venue

Attachments may be sued out, and the actions in which the attachments are obtained may be prosecuted, in any county in which property may be attached or where a garnishee, who is indebted or has property belonging to the defendant, is served with process.
Civil Code, § 223; C. & M. Dig., § 502; Pope's Dig., § 539; A.S.A. 1947, § 31-104.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-107 - Bond

(a)
The order of attachment shall not be issued by the clerk until there has been executed in his or her office, by one (1) or more sufficient sureties of the plaintiff, a bond to the effect that the plaintiff shall pay to the defendant all damages which he or she may sustain by reason of the attachment if the order is wrongfully obtained.
(b)
The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff. If on the motion, the court is satisfied that the surety in the plaintiff's bond has removed from this state or is not sufficient for the amount thereof, it may vacate the order of attachment. The court may direct restitution of any property taken under it unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.
Civil Code, §§ 219, 258; C. & M. Dig., §§ 498, 548; Pope's Dig., §§ 535, 585; A.S.A. 1947, §§ 31-108, 31-109.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-108 - Service of orders and processes

The orders and processes in provisional remedies issued from the circuit court may be directed to, or served by, the county sheriff or any other officer mentioned in §
16-58-107
[superseded] and shall be valid for all purposes as if the orders and processes had been served by the county sheriff.
Civil Code, § 225; Acts 1871, No. 48, § 1 [225], p. 219; C. & M. Dig., § 505; Pope's Dig., § 542; A.S.A. 1947, § 31-111.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-109 - Priority of orders of attachment

Where there are several orders of attachment against the same defendant, they shall be executed in the order in which they were received by the county sheriff or other officer.
Civil Code, § 226; C. & M. Dig., § 506; Pope's Dig., § 543; A.S.A. 1947, § 31-112.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-110 - Issuance of orders of attachments to other counties

(a)
Orders of attachment may be issued to the county sheriffs or other officers of other counties, and several of them may, at the option of the plaintiff, be issued at the same time or in succession.
(b)
Only those attachments which have been executed in whole or in part shall be taxed in the costs unless otherwise directed by the court.
Civil Code, § 221; C. & M. Dig., § 500; Pope's Dig., § 537; A.S.A. 1947, § 31-113.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-111 - Execution of order of attachment generally

(a)
The order of attachment shall be executed by the county sheriff or other officer without delay, in the following manner:
(1)
Upon real property by leaving a copy of the order with the occupant thereof or, if there is no occupant, in a conspicuous place thereon;
(2)
Upon personal property, capable of manual delivery, by taking it into his or her custody and holding it subject to the order of the court; or
(3)
Upon other personal property by delivering a copy of the order, with a notice specifying the property attached, to the person holding the property; or as to a debt or demand, to the person owing it; or as to stock in a corporation, or property held, or a debt or demand owing by it, to the chief officer, or to the secretary, cashier, treasurer, or managing agent thereof, and by summoning the person or corporation to answer as a garnishee in the action. The county sheriff shall deliver copies to and summon such persons as garnishees as the plaintiff may direct.
(b)
It shall be the duty of every person mentioned in subdivision (a)(3) of this section, to whom the county sheriff shall apply therefor, to furnish him or her with a certificate of the number of shares of the defendant in the stock of the corporation, a description of the property held by the corporation or person belonging to, or for the benefit of, the defendant, or the amount of the debt owing to the defendant by the corporation or person, whether due or not. A failure to perform this duty may be punished by the court as a contempt.
(c)
A county sheriff having an order of attachment, or for the delivery of property, may enter any building or enclosure containing the property, to take it; and, if necessary for this purpose, he or she may break the building or enclosure, having first publicly demanded the property.
(d)
The defendant's personal property shall be first taken under an attachment. If enough thereof is not found, then his or her real property shall be taken.
Civil Code, §§ 227-229, 777; C. & M. Dig., §§ 507-509, 9166; Pope's Dig., §§ 544-546, 11828; A.S.A. 1947, §§ 31-114 -- 31-117.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-112 - Attachment of funds in court

(a)
Where the property to be attached is a fund in court, the execution of the order of attachment shall be made by leaving with the clerk of the court a copy thereof, with a notice specifying the fund.
(b)
Where several orders of attachment are executed upon the fund on the same day, they shall be satisfied out of it ratably.
Civil Code, § 230; C. & M. Dig., § 510; Pope's Dig., § 547; A.S.A. 1947, § 31-118.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-113 - Attachment on joint or common property

The county sheriff shall not, in executing an order of attachment upon personal property held by the defendant jointly or in common with another person, take possession of the property until there has been executed a bond to the other person, by one (1) or more sufficient sureties of the plaintiff, to the effect that he or she will pay to the person the damages he or she may sustain by the wrongful suing out of the order.
Civil Code, § 231; C. & M. Dig., § 511; Pope's Dig., § 548; A.S.A. 1947, § 31-119.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-114 - Attachment on property claimed by another

(a)
When any county sheriff shall levy a writ of attachment upon property claimed by a person not a party to the writ, the person may make oath to the property. The property shall then be delivered to the claimant upon him or her, or his of her attorney, giving bond in favor of the plaintiff, with good and sufficient security, to be approved by the county sheriff, in a sum double the value of the property attached.
(b)
Value shall be ascertained by the oaths of two (2) citizens of the county where the writ is levied, to be chosen by the county sheriff, on the condition that he or she will interplead at the term of the court to which the writ shall be returnable and that he or she will prosecute the interpleader to judgment without delay. If, on the trial of the interpleader, the property shall be found to be the property of the defendant in the writ and the plaintiff shall recover judgment against the defendant, the property shall be delivered to the county sheriff, or his or her successor in office, whenever demanded by the county sheriff, after execution upon the judgment comes to his or her hand to be levied thereon. The bond shall be returned by the county sheriff with the writ.
(c)
If any person to whom the property is so returned shall neglect or refuse to deliver the property to the county sheriff in office, in accordance with the condition of the bond, it shall be the duty of the county sheriff, forthwith, to return the writ of fieri facias, issued upon the judgment rendered in the cause, setting forth the fact that the condition of the bond has been broken.
(d)
The bond shall, in addition to the provisions of subsections (a)-(c) of this section, contain a condition, that in case the property so levied upon shall not be delivered, the bond shall have the force and effect of a judgment for the amount of the appraised value of the property and the costs of interpleading, if the appraised value is less than the amount of the judgment rendered in favor of the plaintiff against the defendant, and if the appraised value exceeds the amount of the judgment, then for the amount of the judgment, and all the costs, on which judgment execution may be issued against all the obligors thereof.
(e)
On the return of the writ of fieri facias, showing the forfeiture of the bond, it shall be the duty of the clerk of the court to which the writ is returned to issue an execution in favor of the plaintiff against all obligors, for the amount which may be due on the forfeited bond, in accordance with the provisions of subsections (a)-(d) of this section.
Acts 1861, No. 146, §§ 1, 2, p. 296; C. & M. Dig., §§ 579-584; Pope's Dig., §§ 616-621; A.S.A. 1947, §§ 31-120, 31-121.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-115 - Lien of attachment on property of defendant

(a)
An order of attachment binds the defendant's property in the county, which might be seized under an execution against him or her, from the time of the delivery of the order to the county sheriff or other officer.
(b)
The lien to the plaintiff is completed upon any property or demand of the defendant by executing the order upon it in the manner directed in §§
16-110-101
,
16-110-102
,
16-110-104
-
16-110-113
,
16-110-115
-
16-110-122
,
16-110-124
-
16-110-136
,
16-110-138
,
16-110-139
, and
16-110-201
-
16-110-211
.
Civil Code, § 232; Acts 1871, No. 48, § 1 [232], p. 219; C. & M. Dig., § 512; Pope's Dig., § 549; A.S.A. 1947, § 31-122.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-116 - Property removed from county

If, after an order of attachment has been placed in the hands of the county sheriff or other officer, any property of the defendant is removed from the county, the county sheriff may pursue and attach the property in another county, within twenty-four (24) hours after removal.
Civil Code, § 233; C. & M. Dig., § 513; Pope's Dig., § 550; A.S.A. 1947, § 31-123.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-117 - Bond of defendant for retention of property

(a)
The county sheriff may deliver any attached property to the person in whose possession it was found upon the execution, in the presence of the county sheriff, of a bond to the plaintiff, by the person, with one (1) or more sufficient sureties to the effect that the obligors are bound, in double the value of the property, that the defendant shall perform the judgment of the court in the action, or that the property or its value shall be forthcoming, and subject to the orders of court for the satisfaction of the judgment.
(b)
For the purpose of taking this bond, the county sheriff shall cause the property to be appraised by three (3) disinterested householders, to be selected and sworn by him or her to make fair appraisement on the order of attachment.
(c)
In any proceeding on this bond, it shall not be a defense that the property was not subject to the attachment.
Civil Code, §§ 234-236; C. & M. Dig., §§ 514-516; Pope's Dig., §§ 551-553; A.S.A. 1947, §§ 31-124 -- 31-126.
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 110 - ATTACHMENT AND GARNISHMENT (§§ 16-110-101 — 16-110-417) › Subchapter 1 - GENERAL PROVISIONS (§§ 16-110-101 — 16-110-139) › Section 16-110-118 - Motion to discharge before term of court

(a)
On reasonable notice to the plaintiff, the defendant may, at any time before the term next after the levy of the attachment, move the judge of the court in vacation to discharge the attachment, on the grounds of its having been issued contrary to the provisions of §§
16-110-101
,
16-110-102
,
16-110-105
-
16-110-113
,
16-110-115
-
16-110-117
,
16-110-119
,
16-110-121
,
16-110-122
,
16-110-126
,
16-110-127
,
16-110-129
,
16-110-131
-
16-110-136
, and
16-110-139
.
(b)
The judge, on an inspection of the papers in the action or of the authenticated copies of them, shall have the same power of discharging the attachment by his or her written order, filed by the clerk, as he or she would have in court and shall have like power to permit amendments by the plaintiff.
Civil Code, § 285; C. & M. Dig., § 574; Pope's Dig., § 611; A.S.A. 1947, § 31-128.