reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-202 Arbitration bonds.

5-202.
Arbitration bonds.
The parties to such submission may enter into arbitration bonds, which bonds shall be conditioned for the faithful performance of the award or umpirage, setting forth the name or names of the arbitrators or umpire and the matter or matters submitted to his, her or their determination; and when such is the agreement, that such submission be made a rule of any court of record within this state, or a rule of any particular court of record named in the submission.
History:
L. 1876, ch. 102, § 2; May 1; R.S. 1923, § 6-102.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-203 Time and place of arbitration.

5-203.
Time and place of arbitration.
Said arbitration bonds shall specify some certain time and place at which said arbitration shall be held, allowing said arbitrators or umpire liberty to adjourn from time to time until an award or umpirage be made; some certain time being specified in said bonds at which said award or umpirage be made up.
History:
L. 1876, ch. 102, § 3; May 1; R.S. 1923, § 6-103.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-204 Subpoenas for witnesses.

5-204.
Subpoenas for witnesses.
The parties shall have the benefit of legal process to compel the attendance of witnesses, which process shall be issued by the clerk of the district court of any county in which said arbitration shall be held, and shall be returnable before the umpire or arbitrators on a day and place certain named therein.
History:
L. 1876, ch. 102, § 4; R.S. 1923, § 6-104; L. 1974, ch. 446, § 1; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-205 Disobeying compulsory process, contempt.

5-205.
Disobeying compulsory process, contempt.
Any person disobeying such process, after being duly served therewith, shall be deemed guilty of contempt of the court from which such process issued, and on complaint made by the party injured to the district court whose clerk issued such process, such court may subject the person disobeying such process to the same penalties and forfeitures and in the same manner as such court is authorized to inflict upon persons disobeying writs of subpoena in other cases.
History:
L. 1876, ch. 102, § 5; R.S. 1923, § 6-105; L. 1974, ch. 446, § 2; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-206 Oaths.

5-206.
Oaths.
The umpire or arbitrators and all witnesses for either party to such arbitration, examined by the umpire or arbitrators, shall be under oath or affirmation, to be administered by any district court judge of the proper county.
History:
L. 1876, ch. 102, § 6; R.S. 1923, § 6-106; L. 1974, ch. 446, § 3; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-207 Award.

5-207.
Award.
The award of the umpire or arbitrators, or a majority of them, shall be drawn up in writing, and signed by such umpire or arbitrators named in the submission, or a majority of them, and a true copy of said award or umpirage shall without delay be delivered by the umpire or arbitrators to each of the parties in interest.
History:
L. 1876, ch. 102, § 7; May 1; R.S. 1923, § 6-107.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-208 Noncompliance with award.

5-208.
Noncompliance with award.
If either of the parties shall refuse or neglect to comply with said award or umpirage, the other party may file the same, together with the submission or arbitration bond, in the court named in the submission, or if no particular court be named therein, then in the district court in the county where said arbitration is held.
History:
L. 1876, ch. 102, § 8; May 1; R.S. 1923, § 6-108.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-209 Judgment and execution on award.

5-209.
Judgment and execution on award.
Such court, at the next term thereof after filing the same as aforesaid, if no legal exceptions be made or taken to said award or other proceedings, and said award is for the payment of money, shall enter up judgment thereon as on a verdict of a jury between the parties, and issue execution thereon as in other cases, immediately after the amount specified in said award is due and payable.
History:
L. 1876, ch. 102, § 9; May 1; R.S. 1923, § 6-109.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-210 Contempt.

5-210.
Contempt.
So far as said award or umpirage directs the performance of any act or thing other than the payment of money, the party disobeying the same shall be liable to be punished as for a contempt of court, either by attachment or execution as the nature of the case may require.
History:
L. 1876, ch. 102, § 10; May 1; R.S. 1923, § 6-110.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-211 Setting aside award.

5-211.
Setting aside award.
If any legal defects appear in the award or other proceedings, or if it shall be made to appear at the term of the court to which said award and arbitration are entered in said court, on oath or affirmation, that said award or umpirage was obtained by fraud, corruption, or other undue means, or that said arbitrator or umpire misbehaved, said court may set aside said award or umpirage, or make such order thereon as may be just or right.
History:
L. 1876, ch. 102, § 11; May 1; R.S. 1923, § 6-111.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-212 Proof by party enforcing award.

5-212.
Proof by party enforcing award.
In all cases, the party enforcing any award shall produce satisfactory proof to the court of the due execution of the submission or arbitration bond, and that the party refusing or neglecting to obey the award or umpirage hath been furnished with a true copy thereof, at least ten days before the term at which the application to enforce such award is made.
History:
L. 1876, ch. 102, § 12; May 1; R.S. 1923; § 6-112.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 2 - Any Controversy › 5-213 Fees of arbitrators and umpires.

5-213.
Fees of arbitrators and umpires.
Each person chosen and performing the duties of arbitrator or umpire under this act shall be entitled to receive one dollar ($1) per day for services; and every witness for attendance, and judge for administering oaths or affirmations, the same fees as are prescribed by law for other cases in the district court; which fees shall be taxed by the arbitrators, and inserted in their award or umpirage.
History:
L. 1876, ch. 102, § 13; R.S. 1923, § 6-113; L. 1974, ch. 446, § 4; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-423 Definitions.

5-423. Definitions.
As used in K.S.A. 5-423 through 5-453, and amendments thereto:
(a) "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;
(b) "arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;
(c) "court" means a court of competent jurisdiction in this state;
(d) "knowledge" means actual knowledge;
(e) "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation or any other legal or commercial entity; and
(f) "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.
History:
L. 2018, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-424 Notice.

5-424. Notice.
(a) Except as otherwise provided in K.S.A. 5-423 through 5-453, and amendments thereto, 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.
History:
L. 2018, ch. 90, § 2; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-425 When act applies.

5-425. When act applies.
(a) K.S.A. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made on or after July 1, 2018.
(b) K.S.A. 5-423 through 5-453, and amendments thereto, govern an agreement to arbitrate made before July 1, 2018, if all parties to the agreement or to the arbitration proceeding so agree in the record.
History:
L. 2018, ch. 90, § 3; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-426 Effect of agreement to arbitrate; nonwaivable provisions.

5-426. 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 K.S.A. 5-423 through 5-453, and amendments thereto, 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 K.S.A. 5-427(a), 5-428(a), 5-430, 5-439(a) or (b), 5-448 or 5-450, and amendments thereto;
(2) agree to unreasonably restrict the right under K.S.A. 5-431, and amendments thereto, to notice of the initiation of an arbitration proceeding;
(3) agree to unreasonably restrict the right under K.S.A. 5-434, and amendments thereto, to disclosure of any facts by a neutral arbitrator; or
(4) waive the right under K.S.A. 5-438, and amendments thereto, of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under K.S.A. 5-423 through 5-453, and amendments thereto, but 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 K.S.A. 5-425, 5-429, 5-436, 5-440, 5-442(d) or (e), 5-444, 5-445, 5-446, 5-447(a) or (b), 5-451, 5-452 or 5-453, and amendments thereto.
History:
L. 2018, ch. 90, § 4; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-427 Application for judicial relief.

5-427. Application for judicial relief.
(a) Except as otherwise provided in K.S.A. 5-450, and amendments thereto, an application for judicial relief under K.S.A. 5-423 through 5-453, and amendments thereto, 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 act 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.
History:
L. 2018, ch. 90, § 5; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-428 Validity of agreement to arbitrate.

5-428. 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.
History:
L. 2018, ch. 90, § 6; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-429 Motion to compel or stay arbitration.

5-429. 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, pursuant to subsections (a) or (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 K.S.A. 5-449, and amendments thereto.
(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.
History:
L. 2018, ch. 90, § 7; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-430 Provisional remedies.

5-430. 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 (b).
History:
L. 2018, ch. 90, § 8; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-431 Initiation of arbitration.

5-431. 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 K.S.A. 5-437(c), and amendments thereto, 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.
History:
L. 2018, ch. 90, § 9; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-432 Consolidation of separate arbitration proceedings.

5-432. Consolidation of separate arbitration proceedings.
(a) Except as otherwise provided in subsection (c), upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(2) the claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(3) the existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(4) prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(b) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(c) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
History:
L. 2018, ch. 90, § 10; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-433 Appointment of arbitrator; service as a neutral arbitrator.

5-433. Appointment of arbitrator; service as a neutral arbitrator.
(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(b) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.
History:
L. 2018, ch. 90, § 11; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-434 Disclosure by arbitrator.

5-434. Disclosure by arbitrator.
(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) A financial or personal interest in the outcome of the arbitration proceeding; and
(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or other arbitrators.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under K.S.A. 5-445(a)(2), and amendments thereto, for vacating an award made by the arbitrator.
(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, the court under K.S.A. 5-445(a)(2), and amendments thereto, may vacate the award.
(e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party is presumed to act with evident partiality under K.S.A. 5-445(a)(2), and amendments thereto.
(f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under K.S.A. 5-445(a)(2), and amendments thereto.
History:
L. 2018, ch. 90, § 12; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-435 Action by majority.

5-435. Action by majority.
If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under K.S.A. 5-437(c), and amendments thereto.
History:
L. 2018, ch. 90, § 13; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-436 Arbitrator immunity; competency to testify; attorney fees and costs.

5-436. Arbitrator immunity; competency to testify; attorney fees and costs.
(a) An arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(b) The immunity afforded by this section supplements any immunity under other law.
(c) The failure of an arbitrator to make a disclosure required by K.S.A. 5-434, and amendments thereto, does not cause any loss of immunity under this section.
(d) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
(1) To the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or
(2) to a hearing on a motion to vacate an award under K.S.A. 5-445(a)(1) or (2), and amendments thereto, if the movant establishes prima facie that a ground for vacating the award exists.
(e) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of an arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney fees and other reasonable expenses of litigation.
History:
L. 2018, ch. 90, § 14; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-437 Arbitration process.

5-437. Arbitration process.
(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.
(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) If all interested parties agree; or
(2) upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(c) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced, although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with K.S.A. 5-433, and amendments thereto, to continue the proceeding and to resolve the controversy.
History:
L. 2018, ch. 90, § 15; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-439 Witnesses; subpoenas; depositions; discovery.

5-439. Witnesses; subpoenas; depositions; discovery.
(a) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
(b) In order to make the proceedings fair, expeditious and most cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious and cost effective.
(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could, if the controversy were the subject of a civil action in this state.
(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could, if the controversy were the subject of a civil action in this state.
(f) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court as to make the arbitration proceeding fair, expeditious and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitration, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
History:
L. 2018, ch. 90, § 17; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-440 Judicial enforcement of pre-award ruling by arbitrator.

5-440. Judicial enforcement of pre-award ruling by arbitrator.
If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under K.S.A. 5-441, and amendments thereto. A prevailing party may make a motion to the court for an expedited order to confirm the award under K.S.A. 5-444, and amendments thereto, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award, unless the court vacates, modifies or corrects the award under K.S.A. 5-445 or 5-446, and amendments thereto.
History:
L. 2018, ch. 90, § 18; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-441 Award.

5-441. Award.
(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
History:
L. 2018, ch. 90, § 19; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-442 Change of award by arbitrator.

5-442. Change of award by arbitrator.
(a) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(1) Upon a ground stated in K.S.A. 5-446(a)(1) or (3), and amendments thereto;
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) to clarify the award.
(b) A motion under subsection (a) must be made and notice given to all parties within 20 days after the movant receives notice of the award.
(c) A party to the arbitration proceeding must give notice of any objection to the motion within 10 days after receipt of the notice.
(d) If a motion to the court is pending under K.S.A. 5-444, 5-445 or 5-446, and amendments thereto, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(1) Upon a ground stated in K.S.A. 5-446(a)(1) or (3), and amendments thereto;
(2) because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceedings; or
(3) to clarify the award.
(e) An award modified or corrected pursuant to this section is subject to K.S.A. 5-441(a), 5-444, 5-445 and 5-446, and amendments thereto.
History:
L. 2018, ch. 90, § 20; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-443 Remedies; fees and expenses of arbitration proceeding.

5-443. Remedies; fees and expenses of arbitration proceeding.
(a) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(b) An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under K.S.A. 5-444, and amendments thereto, or for vacating an award under K.S.A. 5-445, and amendments thereto.
(d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of punitive damages or other exemplary relief.
History:
L. 2018, ch. 90, § 21; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-444 Confirmation of award.

5-444. Confirmation of award.
After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award, at which time the court shall issue a confirming order, unless the award is modified or corrected pursuant to K.S.A. 5-442 or 5-446, and amendments thereto, or is vacated pursuant to K.S.A. 5-445, and amendments thereto.
History:
L. 2018, ch. 90, § 22; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-445 Vacating award.

5-445. Vacating award.
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) The award was procured by corruption, fraud or other undue means;
(2) there was:
(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) corruption by an arbitrator; or
(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to K.S.A. 5-437, and amendments thereto, so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under K.S.A. 5-437(c), and amendments thereto, not later than the beginning of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in K.S.A. 5-431, and amendments thereto, so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within 90 days after the movant receives notice of the award pursuant to K.S.A. 5-441, and amendments thereto, or within 90 days after the movant receives notice of the award pursuant to K.S.A. 5-442, and amendments thereto, unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case, the motion must be made within 90 days after the ground is known or, by the exercise of reasonable care, would have been known by the movant.
(c) If the court vacates an award on a ground other than that set forth in subsection (a)(5), it may order a rehearing. If the award is vacated on a ground stated in subsection (a)(1) or (2), the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subsection (a)(3), (4) or (6), the rehearing must be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in K.S.A. 5-441(b), and amendments thereto, for an award.
(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
History:
L. 2018, ch. 90, § 23; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-446 Modification or correction of award.

5-446. Modification or correction of award.
(a) Upon motion made within 90 days after the movant receives notice of the award pursuant to K.S.A. 5-441, and amendments thereto, or within 90 days after the movant receives notice of a modified or corrected award pursuant to K.S.A. 5-442, and amendments thereto, the court shall modify or correct the award if:
(1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or property referred to in the award;
(2) the arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(3) the award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(b) If a motion made under subsection (a) is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
(c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
History:
L. 2018, ch. 90, § 24; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-447 Judgment on award; attorney fees and litigation expenses.

5-447. Judgment on award; attorney fees and litigation expenses.
(a) Upon granting an order confirming, vacating without directing a rehearing, modifying or correcting an award, the court shall enter a judgment in conformity therewith. The judgment may be recorded, docketed and enforced as any other judgment in a civil action.
(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c) On application of a prevailing party to a contested judicial proceeding under K.S.A. 5-444, 5-445 or 5-446, and amendments thereto, the court may add reasonable attorney fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying or correcting an award.
History:
L. 2018, ch. 90, § 25; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-448 Jurisdiction.

5-448. 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 K.S.A. 5-423 through 5-453, and amendments thereto.
History:
L. 2018, ch. 90, § 26; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-449 Venue.

5-449. Venue.
A motion pursuant to K.S.A. 5-427, and amendments thereto, 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.
History:
L. 2018, ch. 90, § 27; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-450 Appeals.

5-450. 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 pursuant to K.S.A. 5-423 through 5-453, and amendments thereto.
(b) An appeal under this section must be taken as from an order or judgment in a civil action.
History:
L. 2018, ch. 90, § 28; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-451 Uniformity of application and construction.

5-451. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2018, ch. 90, § 29; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-452 Relationship to electronic signatures in global and national commerce act.

5-452. Relationship to electronic signatures in global and national commerce act.
The provisions of K.S.A. 5-423 through 5-453, and amendments thereto, 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.
History:
L. 2018, ch. 90, § 30; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 4 - Uniform Arbitration Act › 5-453 Savings clause.

5-453. Savings clause.
K.S.A. 5-423 through 5-453, and amendments thereto, do not affect an action or proceeding commenced or right accrued before K.S.A. 5-423 through 5-453, and amendments thereto, take effect. Subject to K.S.A. 5-425, and amendments thereto, an arbitration agreement made before the effective date of K.S.A. 5-423 through 5-453, and amendments thereto, is governed by article 4 of chapter 5 of the Kansas Statutes Annotated, prior to its repeal.
History:
L. 2018, ch. 90, § 31; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 5 - Dispute Resolution › 5-501 Citation of act; application.

5-501.
Citation of act; application.
(a) K.S.A. 5-501 through 5-516, and amendments thereto, shall be known and may be cited as the dispute resolution act.
(b) The dispute resolution act shall apply to registered and approved programs and individuals, and personnel thereof, to parties to dispute resolution being conducted by registered programs and individuals, and to disputes referred by a court, by state government or as otherwise provided by statute to dispute resolution other than litigation. The dispute resolution act shall not apply to any judge acting in an official capacity.
History:
L. 1994, ch. 217, § 1; L. 1996, ch. 140, § 1; L. 2001, ch. 173, § 1; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 5 - Dispute Resolution › 5-502 Definitions.

5-502.
Definitions.
As used in the dispute resolution act:
(a) "Registered programs" and "registered individuals" refer to those programs and individuals who have registered with the director of dispute resolution and are eligible to apply for public funding or approval from the director of dispute resolution;
(b) "approval" means the program or individual has applied for inclusion on a list of programs and individuals and has been found to have met the requirements and guidelines to be considered for the receipt of public funding or to be recommended to the court as an approved service provider.
(c) "council" means the advisory council on dispute resolution;
(d) "director" means the director of dispute resolution;
(e) "dispute resolution" means a process by which the parties involved in a dispute voluntarily agree or are referred or ordered by a court to enter into discussion and negotiation with the assistance of a neutral person;
(f) "mediation" means the intervention into a dispute by a third party who has no decision making authority, is impartial to the issues being discussed, assists the parties in defining the issues in dispute, facilitates communication between the parties and assists the parties in reaching resolution;
(g) "arbitration" means a proceeding in which a neutral person or panel hears a formal case presentation and makes an award, which can be binding or nonbinding upon the parties relative to a prior agreement;
(h) "neutral evaluation" means a proceeding conducted by a neutral person who helps facilitate settlement of a case by giving the parties to the dispute an evaluation of the case;
(i) "summary jury trial" means a formal case presentation to a jury and judge which results in a nonbinding decision;
(j) "mini trial" means a formal case presentation to a party representative and an expert neutral person who makes a nonbinding decision;
(k) "settlement" means a proceeding in which someone other than the presiding judge assists the parties in reaching a resolution;
(l) "conciliation" means a proceeding in which a neutral person assists the parties in reconciliation efforts;
(m) "neutral person" or "neutral" means the impartial third party who intervenes in a dispute at the request of the parties or the court in order to help facilitate settlement or resolution of a dispute.
History:
L. 1994, ch. 217, § 2; L. 1996, ch. 140, § 2; July 1.
2023 Kansas Statutes › Chapter 5 - Arbitration And Award › Article 5 - Dispute Resolution › 5-503 Director of dispute resolution; appointment.

5-503.
Director of dispute resolution; appointment.
The director of dispute resolution shall be appointed by the judicial administrator and work for the office of judicial administration. The director of dispute resolution shall be in the unclassified service under the Kansas civil service act. The director may be but is not required to be an attorney and shall be selected for appointment on the basis of the individual's training and experience in dispute resolution. The director shall administer the dispute resolution act and shall provide administrative and clerical assistance to the council. If the person appointed as director is an attorney, such person shall devote full time to the duties of the office of director and shall not engage in the private practice of law during the period such person serves as director.
History:
L. 1994, ch. 217, § 3; L. 1996, ch. 140, § 3; July 1.