reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.508 - Choice of laws.

(1) The arbitral tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute.
(2) Any designation by the parties of the law or legal system of a given country or political subdivision thereof shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.
(3) Failing any designation of the law under subsection (1) of this section by the parties, the arbitral tribunal shall apply the rules of law it considers to be appropriate given all the circumstances surrounding the dispute.
(4) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur if the parties have expressly authorized it to do so.
(5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction. [1991 c.405 §31]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.510 - Decision of arbitral tribunal.

Unless otherwise agreed by the parties, any decision of the arbitral tribunal in arbitral proceedings with more than one arbitrator shall be made by a majority of all its members. However, the parties or all members of the arbitral tribunal may authorize a presiding arbitrator to decide questions of procedure. [1991 c.405 §32; 1993 c.244 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.512 - Settlement.

(1) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage settlement. If agreed by the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure.
(2) If, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(3) An arbitral award on agreed terms shall be made in accordance with ORS 36.514 and shall state that it is an arbitral award.
(4) An arbitral award on agreed terms has the same status and effect as any other arbitral award on the substance of the dispute. [1991 c.405 §33; 1993 c.244 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.514 - Arbitral award; contents; interim award; award for costs of arbitration.

(1) The arbitral award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all the members of the arbitral tribunal shall suffice so long as the reason for any omitted signature is stated.
(2) The arbitral award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an arbitral award on agreed terms under ORS 36.512.
(3) The arbitral award shall state its date and the place of arbitration as determined in accordance with ORS 36.492 (1) and the award shall be considered to have been made at that place.
(4) After the arbitral award is made, a copy signed by the arbitrators in accordance with subsection (1) of this section shall be delivered to each party.
(5) The arbitral tribunal may, at any time during the arbitral proceedings, make an interim arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.
(6) Unless otherwise agreed by the parties, the arbitral tribunal may award interest.
(7)(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal.
(b) In making an order for costs, the arbitral tribunal may include as costs any of the following:
(A) The fees and expenses of the arbitrators and expert witnesses.
(B) Legal fees and expenses.
(C) Any administration fees of the institution supervising the arbitration, if any.
(D) Any other expenses incurred in connection with the arbitral proceedings.
(c) In making an order for costs, the arbitral tribunal may specify any of the following:
(A) The party entitled to costs.
(B) The party who shall pay the costs.
(C) The amount of costs or the method of determining that amount.
(D) The manner in which the costs shall be paid. [1991 c.405 §34]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.516 - Termination of arbitral proceedings.

(1) The arbitral proceedings are terminated by the final arbitral award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. The award shall be final upon the expiration of the applicable periods in ORS 36.518.
(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:
(a) The claimant withdraws the claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on the part of the respondent in obtaining a final settlement of the dispute;
(b) The parties agree on the termination of the proceedings; or
(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(3) Subject to ORS 36.518 and 36.520 (4), the mandate of the arbitral tribunal terminates with the termination of the arbitral proceeding. [1991 c.405 §35; 1993 c.244 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.518 - Correction of errors in award; interpretation of award; additional award.

(1) Within 30 days of receipt of the arbitral award, unless another period of time has been agreed upon by the parties:
(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, clerical or typographical errors, or errors of similar nature; and
(b) A party may, if agreed by the parties, request the arbitral tribunal to give an interpretation of a specific point or part of the arbitral award.
(2) If the arbitral tribunal considers any request made under subsection (1) of this section to be justified, it shall make the correction or give the interpretation within 30 days of the receipt of the request. The interpretation shall form part of the arbitral award.
(3) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) of this section on its own initiative within 30 days of the date of the award.
(4) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within 30 days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within 60 days.
(5) If necessary, the arbitral tribunal may extend the period of time within which it shall make a correction, interpretation or an additional award under subsection (1) or (4) of this section.
(6) The provisions of ORS 36.514 shall apply to a correction or interpretation of the award or to an additional award. [1991 c.405 §36; 1993 c.244 §12]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.520 - Setting aside award; grounds; time for application; circuit court fees.

(1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;
(B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
(C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 to 36.558 from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 to 36.558; or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
(B) The award is in conflict with the public policy of the State of Oregon or of the United States.
(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under ORS 36.518, from the date on which that request had been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.
(5) The clerk of the circuit court shall collect the filing fees established under ORS 21.135 from the party making application for setting aside under subsection (1) of this section and from a party filing an appearance in opposition to the application. [1991 c.405 §37; 1993 c.244 §13; 1997 c.801 §55; 2003 c.737 §§41,42; 2005 c.702 §§41,42,43; 2007 c.860 §5; 2011 c.595 §41]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.522 - Enforcement of award; procedure; fee; entry of judgment.

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the circuit court, shall be enforced subject to the provisions of this section and ORS 36.524.
(2) The party relying on an award or applying for its enforcement shall supply the authenticated original or a certified copy of the award and the original or certified copy of the arbitration agreement referred to in ORS 36.466. If the award or agreement is not made in the English language, then the party relying on the award or applying for its enforcement shall supply a duly certified translation thereof into the English language.
(3) The party relying on an arbitral award or applying for its enforcement shall deliver to the clerk of the circuit court the documents specified in subsection (2) of this section along with proof of the delivery of a copy of the arbitral award as required by ORS 36.514 (4). The relying party shall pay to the clerk the filing fee established under ORS 21.135, after which the clerk shall enter the arbitral award of record in the office of the clerk. If no application to set aside is filed against the arbitral award as provided in ORS 36.520 within the time specified in ORS 36.520 (3) or, if such an application is filed, the relying party after the disposition of the application indicates the intention to still rely on the award or to apply for its enforcement, judgment shall be entered as upon the verdict of a jury, and execution may issue thereon, and the same proceedings may be had upon the award with like effect as upon a verdict in a civil action. [1991 c.405 §38; 2011 c.595 §42]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.524 - Grounds for refusal to enforce award; fee.

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:
(a) At the request of the party against whom it is invoked, if that party pays the clerk of the circuit court the filing fee established under ORS 21.135 and furnishes to the court where recognition or enforcement is sought proof that:
(A) A party to the arbitration agreement referred to in ORS 36.466 was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or under the law of the country where the award was made;
(B) The party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
(C) The arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or the award contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced;
(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(E) The award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or
(b) If the court finds that:
(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
(B) The recognition or enforcement of the arbitral award would be contrary to the public policy of the State of Oregon or of the United States.
(2) If an application for setting aside or suspension of an award has been made to the court referred to in subsection (1)(a)(E) of this section, and if it considers it proper, the court where recognition or enforcement is sought may adjourn its decision on application of the party claiming recognition or enforcement of the award. The court may also order the other party to provide appropriate security. [1991 c.405 §39; 2011 c.595 §43]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.526 - Provisions to be interpreted in good faith.

In construing ORS 36.454 to 36.524, a court or arbitral tribunal shall interpret those sections in good faith, in accordance with the ordinary meaning to be given to their terms in their context, and in light of their objects and purposes. Recourse may be had for these purposes, in addition to aids in interpretation ordinarily available under the laws of this state, to the documents of the United Nations Commission on International Trade Law and its working group respecting the preparation of the UNCITRAL Model Law on International Commercial Arbitration and shall give those documents the weight that is appropriate in the circumstances. [1991 c.405 §40]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.528 - Policy to encourage conciliation.

It is the policy of the State of Oregon to encourage parties to an international commercial agreement or transaction which qualifies for arbitration or conciliation pursuant to ORS 36.454 (3) to resolve disputes arising from such agreements or transactions through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to service as the conciliator or conciliators who shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute. [1991 c.405 §41]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.530 - Guiding principles of conciliators.

The conciliator or conciliators shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous practices between the parties. [1991 c.405 §42]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.532 - Manner of conducting conciliation proceedings.

The conciliator or conciliators may conduct the conciliation proceedings in such a manner as they consider appropriate, taking into account the circumstances of the case, the wishes of the parties and the desirability of a speedy settlement of the dispute. Except as otherwise provided in ORS 36.450 to 36.558, no provision of the Oregon Rules of Civil Procedure nor any other provision of the Oregon Revised Statutes governing procedural matters shall apply to any conciliation proceeding brought under ORS 36.450 to 36.558. [1991 c.405 §43]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.534 - Draft conciliation settlement.

(1) At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement which may include the assessment and apportionment of costs between the parties and send copies to the parties, specifying the time within which the parties must signify their approval.
(2) No party may be required to accept any settlement proposed by the conciliator or conciliators. [1991 c.405 §44]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.536 - Prohibition on use of statements, admissions or documents arising out of conciliation proceedings.

When the parties agree to participate in conciliation under ORS 36.450 to 36.558:
(1) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence and disclosure of any such evidence shall not be compelled in any civil action in which, pursuant to law, testimony may be compelled to be given. However, this subsection does not limit the admissibility of evidence if all parties participating in conciliation consent, in writing, to its disclosure, provided that such consent is given after the statement or admission to be disclosed is made in the conciliation proceeding.
(2) In the event that any such evidence is offered in contravention of this section, the arbitration tribunal or the court shall make any order which it considers to be appropriate to deal with the matter, including, without limitation, orders restricting the introduction of evidence, or dismissing the case without prejudice.
(3) Unless the document otherwise provides, no document prepared for the purpose of, or in the course of, or pursuant to, the conciliation, or any copy thereof, is admissible in evidence and disclosure of any such document shall not be compelled in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. [1991 c.405 §45; 1993 c.244 §14]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.538 - Conciliation to act as stay of other proceedings; tolling of limitation periods during conciliation.

(1) The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings.
(2) All applicable limitation periods, including periods of prescription, shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under ORS 36.450 to 36.558 and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the 10th day following the termination of conciliation proceedings.
(3) For purposes of this section, conciliation proceedings are deemed to have commenced as soon as:
(a) A party has requested conciliation of a particular dispute or disputes; and
(b) The other party or parties agree to participate in the conciliation proceeding. [1991 c.405 §46]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.540 - Termination of conciliation proceedings.

(1) The conciliation proceedings may be terminated as to all parties by any of the following:
(a) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration.
(b) A written declaration of the parties addressed to the conciliator or conciliators to the effect that the conciliation proceedings are terminated, on the date of the declaration.
(c) The signing of a settlement agreement by all of the parties, on the date of the agreement.
(2) The conciliation proceedings may be terminated as to particular parties by either of the following:
(a) A written declaration of a party to the other party or parties and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings shall be terminated as to that particular party, on the date of the declaration.
(b) The signing of a settlement agreement by some of the parties, on the date of the agreement. [1991 c.405 §47; 1993 c.244 §15]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.542 - Conciliator not to be arbitrator or take part in arbitral or judicial proceedings.

No person who has served as conciliator may be appointed as an arbitrator for, or take part in, any arbitral or judicial proceedings in the same dispute unless all parties manifest their consent to such participation or the rules adopted for conciliation or arbitration otherwise provide. [1991 c.405 §48]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.544 - Submission to conciliation not waiver.

By submitting to conciliation, no party shall be deemed to have waived any rights or remedies which that party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement which results from the conciliation. [1991 c.405 §49]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.546 - Conciliation agreement to be treated as arbitral award.

If the conciliation succeeds in settling the dispute and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state and shall have the same force and effect as a final award in arbitration. [1991 c.405 §50]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.548 - Costs of conciliation proceedings.

Upon termination of the conciliation proceedings, the conciliator or conciliators shall fix the costs of the conciliation and give written notice thereof to the parties. As used in this section and in ORS 36.550, "costs" includes only the following:
(1) A reasonable fee to be paid to the conciliator or conciliators.
(2) The travel and other reasonable expenses of the conciliator or conciliators.
(3) The travel and other reasonable expenses of witnesses requested by the conciliator or conciliators with the consent of the parties.
(4) The cost of any expert advice requested by the conciliator or conciliators with the consent of the parties.
(5) The cost of any court. [1991 c.405 §51]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.550 - Payment of costs.

The costs fixed by the conciliator or conciliators as pursuant to ORS 36.548 shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party. [1991 c.405 §52]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.552 - Effect of conciliation on jurisdiction of courts.

Neither the request for conciliation, the consent to participate in the conciliation proceeding, the participation in such proceedings, nor the entering into a conciliation agreement or settlement, shall be deemed as consent to the jurisdiction of any court in this state in the event conciliation fails. [1991 c.405 §53]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.554 - Immunities.

(1) Neither the arbitrator or arbitrators, the conciliator or conciliators, the parties, nor their representatives, shall be subject to service of process on any civil matter while they are present in this state for the purpose of arranging for or participating in any arbitration or conciliation proceedings subject to ORS 36.450 to 36.558.
(2) No person who serves as an arbitrator or as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of their role as an arbitrator or as a conciliator in any proceeding subject to ORS 36.450 to 36.558. [1991 c.405 §54; 1993 c.244 §16]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.556 - Severability.

If any provision of ORS 36.450 to 36.558 or its application to any person or circumstance is held to be invalid, the invalidity does not affect the other provisions or applications of ORS 36.450 to 36.558 which can be given effect without the invalid provision or application and to this end the provisions of ORS 36.450 to 36.558 are severable. [1991 c.405 §55]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.600 - Definitions.

As used in ORS 36.600 to 36.740:
(1) "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator.
(2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate.
(3) "Court" means a circuit court.
(4) "Knowledge" means actual knowledge.
(5) "Person" means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.
(6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [2003 c.598 §1; 2009 c.294 §3]
Note:
36.600 to 36.740 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.605 - Notice.

(1) Except as otherwise provided in ORS 36.600 to 36.740, 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.
(2) A person has notice if the person has knowledge of the notice or has received notice.
(3) 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. [2003 c.598 §2]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.610 - Effect of agreement to arbitrate; nonwaivable provisions.

(1) Except as otherwise provided in this section, 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 ORS 36.600 to 36.740 to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not:
(a) Waive or agree to vary the effect of the requirements of this section or ORS 36.615, 36.620 (1), 36.630, 36.675 (1) or (2), 36.720 or 36.730;
(b) Agree to unreasonably restrict the right under ORS 36.635 to notice of the initiation of an arbitration proceeding;
(c) Agree to unreasonably restrict the right under ORS 36.650 to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under ORS 36.670 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under ORS 36.600 to 36.740, but an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(3) 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 ORS 36.625, 36.660, 36.680, 36.690 (4) or (5), 36.700, 36.705, 36.710, 36.715 (1) or (2), 36.735 or 36.740 or section 3 (1) or (3) or 31, chapter 598, Oregon Laws 2003.
(4) Subsections (2) and (3) of this section do not apply to agreements to arbitrate entered into by two or more insurers, as defined by ORS 731.106, or self-insured persons for the purpose of arbitration of disputes arising out of the provision of insurance. [2003 c.598 §4; 2011 c.595 §118]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.615 - Application for judicial relief; fees.

(1) Except as otherwise provided in ORS 36.730, an application for judicial relief under ORS 36.600 to 36.740 must be made by petition to the court. The petitioner and the respondent must pay the filing fees established under ORS 21.135.
(2) Unless a civil action involving the agreement to arbitrate is pending, notice of a first petition to the court under ORS 36.600 to 36.740 must be served in the manner provided by ORCP 7 D. Otherwise, notice of the petition must be given in the manner provided by ORCP 9. [2003 c.598 §5; 2003 c.737 §§40a,40c; 2005 c.702 §§45,46,47; 2007 c.860 §6; 2010 c.107 §§40,41; 2011 c.595 §44]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.620 - Validity of agreement to arbitrate; form of acknowledgment of agreement.

(1) 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.
(2) Subject to ORS 36.625 (8), the court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled.
(4) 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.
(5) A written arbitration agreement entered into between an employer and employee and otherwise valid under subsection (1) of this section is voidable and may not be enforced by a court unless:
(a) At least 72 hours before the first day of the employee’s employment, the employee has received notice in a written employment offer from the employer that an arbitration agreement is required as a condition of employment, and the employee has been provided with the required arbitration agreement that meets the requirements of, and includes the acknowledgment set forth in, subsection (6) of this section; or
(b) The arbitration agreement is entered into upon a subsequent bona fide advancement of the employee by the employer.
(6) The acknowledgment required by subsection (5) of this section must be signed by the employee and must include the following language in boldfaced type:
______________________________________________________________________________
I acknowledge that I have received and read or have had the opportunity to read this arbitration agreement. I understand that this arbitration agreement requires that disputes that involve the matters subject to the agreement be submitted to mediation or arbitration pursuant to the arbitration agreement rather than to a judge and jury in court.
______________________________________________________________________________ [2003 c.598 §6; 2007 c.902 §1; 2011 c.489 §1]
Note:
Section 2, chapter 489, Oregon Laws 2011, provides:
Sec. 2.
The amendments to ORS 36.620 by section 1 of this 2011 Act apply to arbitration agreements entered into on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.489 §2]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.625 - Petition to compel or stay arbitration.

(1) On petition of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:
(a) If the refusing party does not appear or does not oppose the petition, the court shall order the parties to arbitrate; and
(b) If the refusing party opposes the petition, the court shall proceed summarily to decide the issue as provided in subsection (8) of this section and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(2) On petition 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 as provided in subsection (8) of this section. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(3) If the court finds that there is no enforceable agreement to arbitrate, it may not order the parties to arbitrate pursuant to subsection (1) or (2) of this section.
(4) 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.
(5) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a petition under this section must be made in that court. Otherwise, a petition under this section may be made in any court as provided in ORS 36.725.
(6) If a party makes a petition 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.
(7) 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.
(8) A judge shall decide all issues raised under a petition filed under ORS 36.600 to 36.740 unless there is a constitutional right to jury trial on the issue. If there is a constitutional right to jury trial on an issue, the issue shall be tried to a jury upon the request of any party to the proceeding. [2003 c.598 §7]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.630 - Provisional remedies.

(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon petition 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.
(2) After an arbitrator is appointed and is authorized and able to act:
(a) 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
(b) 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.
(3) A party does not waive a right of arbitration by making a petition under subsection (1) or (2) of this section. [2003 c.598 §8]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.635 - Initiation of arbitration.

(1) 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 mail, return receipt requested and obtained, or by service as authorized for summons under ORCP 7 D. The notice must describe the nature of the controversy and the remedy sought.
(2) Unless a person objects for lack or insufficiency of notice under ORS 36.665 (3) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice. [2003 c.598 §9]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.640 - Consolidation of separate arbitration proceedings.

(1) Except as otherwise provided in subsection (3) of this section, upon petition 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:
(a) 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;
(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(d) 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.
(2) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. [2003 c.598 §10]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.645 - Appointment of arbitrator; service as neutral arbitrator.

(1) 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 designated or appointed fails or is unable to act and a successor has not been appointed, the court, on petition 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.
(2) 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. [2003 c.598 §11]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.650 - Disclosure by arbitrator.

(1) 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 in the arbitration proceeding any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(a) A financial or personal interest in the outcome of the arbitration proceeding; and
(b) 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 in the proceeding.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section 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 ORS 36.705 (1)(b) for vacating an award made by the arbitrator.
(4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection by a party, the court under ORS 36.705 (1)(b) may vacate an award.
(5) 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, the party’s counsel or representatives, a witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705 (1)(b).
(6) 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 petition to vacate an award on that ground under ORS 36.705 (1)(b). [2003 c.598 §12]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.655 - 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 ORS 36.665 (3). [2003 c.598 §13]
Note:
See note under 36.600.
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 036 - Mediation and Arbitration › Section 36.660 - Immunity of arbitrator; competency to testify; attorney fees and costs.

(1) An arbitrator or 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.
(2) The immunity afforded by this section supplements any immunity under other law.
(3) The failure of an arbitrator to make a disclosure required by ORS 36.650 does not cause any loss of immunity under this section.
(4) 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:
(a) 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
(b) To a hearing on a petition to vacate an award under ORS 36.705 (1)(a) or (b) if the petitioner establishes prima facie that a ground for vacating the award exists.
(5) 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 (4) of this section, 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. [2003 c.598 §14]
Note:
See note under 36.600.