reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-113 - Time of action on award

The cause will be entered on the docket and called up and acted upon in its order; but the court may require actual notice to be given either party, when it appears necessary and proper, before proceeding to act on the award.
Code 1858, § 3447; Shan., § 5203; Code 1932, § 9376; T.C.A. (orig. ed.), § 23-513.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-114 - Rejection or recommittal

The award may be rejected by the court for any legal and sufficient reasons, or it may be recommitted for a rehearing to the same or any other arbitrators agreed upon by the parties in writing.
Code 1858, § 3448; Shan., § 5204; mod. Code 1932, § 9377; T.C.A. (orig. ed.), § 23-514.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-115 - Modification of award

The court is empowered, on motion of either party, to correct or modify the award:
(1)
Where there is manifest a miscalculation of figures, or a mistake in the description of any person, thing or property referred to in the award;
(2)
Where there has been covered in the award a matter not submitted, if not merely incident, not affecting the merits of matters submitted;
(3)
Where the award is defective or imperfect in a matter of form not affecting the merits; and
(4)
To effect the true and just intent thereof.
Code 1932, § 9378; T.C.A. (orig. ed.), § 23-515.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-116 - Compensation of arbitrators and umpire

Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate.
Code 1932, § 9381; T.C.A. (orig. ed.), § 23-516.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-117 - Costs

If there is no provision in the submission respecting costs, the arbitrators, or the court, may apportion and tax same. The court is empowered to revise any apportionment or taxation made by the arbitrators.
Code 1932, § 9380; T.C.A. (orig. ed.), § 23-517.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-118 - Judgment on award

When the award is adopted, it is filed and entered on the records, and judgment shall be rendered including costs and fees to the arbitrators and any umpire, and execution or other necessary process awarded accordingly.
Code 1858, § 3449 (deriv. Acts 1851-1852, ch. 173, § 3); Shan., § 5205; mod. Code 1932, § 9379; T.C.A. (orig. ed.), § 23-518.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 1 - GENERAL PROVISIONS (§§ 29-5-101 — 29-5-119) › Section 29-5-119 - Common law awards

Awards of arbitrators under agreements not reached in pursuance of this chapter may nevertheless be valid, as contracts, impeachable for fraud or mistake; but such awards may only be enforced by independent actions.
Code 1932, § 9382; T.C.A. (orig. ed.), § 23-519.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-201 - Short title

This part shall be known and may be cited as the "Cotton Arbitration Act."
Acts 1977, ch. 159, § 1; T.C.A., § 23-525.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-202 - Enforceability of agreement to submit to arbitration

(a)
A written agreement to submit any existing controversy within or related to the cotton industry to arbitration or a provision in a written contract, except a forward crop contract, to submit to arbitration any controversy within or related to the cotton industry thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.
(b)
As used in this part:
(1)
"Any controversy within or related to the cotton industry" includes, but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton;
(2)
"Court" means any court of competent jurisdiction of this state. Any agreement made in conformity with subsection (a) in this state confers jurisdiction on the court to enforce an agreement under this part and to enter judgment or an award thereunder; and
(3)
"Forward crop contract" means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold.
(c)
This part shall not apply to any controversy within or related to the cotton industry if any party involved in such controversy is a cotton farmer or cotton ginner.
Acts 1977, ch. 159, § 1; T.C.A., § 23-526.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-203 - Court order for arbitration

(a)
On application of a party showing an agreement described in §
29-5-202
, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
(b)
On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c)
If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a), the application shall be made therein. Otherwise and subject to §
29-5-218
, the application may be made in any court of competent jurisdiction.
(d)
Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e)
An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Acts 1977, ch. 159, § 1; T.C.A., § 23-527.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-204 - Appointment of arbitrators

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's successor has not been duly appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specially named in the agreement.
Acts 1977, ch. 159, § 1; T.C.A., § 23-528.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-205 - Majority of arbitrators exercise powers

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this part.
Acts 1977, ch. 159, § 1; T.C.A., § 23-529.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-206 - Hearings

Unless otherwise provided by the agreement:
(1)
The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or, upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy;
(2)
The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing;
(3)
The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award, unless the agreement provides otherwise. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Acts 1977, ch. 159, § 1; T.C.A., § 23-530.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-207 - Representation by attorney

A party has the right to be represented by an attorney at any proceeding or hearing under this part. A waiver thereof prior to the proceeding or hearing is ineffective.
Acts 1977, ch. 159, § 1; T.C.A., § 23-531.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-208 - Attendance of witnesses - Production of records and documents - Oaths - Depositions

(a)
The arbitrators may cause to be issued, by the clerk of the court, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
(b)
On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c)
All laws compelling a person under subpoena to testify are applicable.
(d)
Fees for attendance as a witness shall be the same as for a witness in circuit courts.
Acts 1977, ch. 159, § 1; T.C.A., § 23-532.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-209 - Award made by arbitrators

(a)
The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
(b)
An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of that party's objection prior to the delivery of the award to the other party.
Acts 1977, ch. 159, § 1; T.C.A., § 23-533.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-210 - Review of award

(a)
On application of a party or, if an application to the court is pending under §
29-5-212
, §
29-5-213
or §
29-5-214
, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in §
29-5-214(a)(1) and (3)
, or for the purpose of clarifying the award.
(b)
The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that the opposing party must serve objections thereto, if any, within ten (10) days from the notice.
(c)
The award so modified or corrected is subject to §
29-5-212
, §
29-5-213
or §
29-5-214
.
Acts 1977, ch. 159, § 1; T.C.A., § 23-534.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-211 - Expenses, costs and fees

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-535.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-212 - Confirmation of award

Upon application of a party the court shall confirm an award, unless within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§
29-5-213
and
29-5-214
.
Acts 1977, ch. 159, § 1; T.C.A., § 23-536.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-213 - Vacation of award

(a)
Upon application of a party, the court shall vacate an award where:
(1)
The award was procured by corruption, fraud or other undue means;
(2)
There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3)
The arbitrators exceeded their powers;
(4)
The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to §
29-5-206
, as to prejudice substantially the rights of a party; or
(5)
There was no arbitration agreement and the issue was not adversely determined in proceedings under §
29-5-203
and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b)
An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.
(c)
In vacating the award on grounds other than stated in subdivision (a)(5) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with §
29-5-204
, or, if the award is vacated on grounds set forth in subdivisions (a)(3) and (4), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with §
29-5-204
. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d)
If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-537.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-214 - Modification or correction of award

(a)
Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
(1)
There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(2)
The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3)
The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b)
If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
(c)
An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-538.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-215 - Judgment or decree - Costs - Enforcement

(a)
Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.
(b)
Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
Acts 1977, ch. 159, § 1; T.C.A., § 23-539.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-216 - Judgment roll - Docketing judgment

(a)
On entry of the judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
(1)
The agreement and each written extension of the time within which to make the award;
(2)
The award;
(3)
A copy of the order confirming, modifying or correcting the award; and
(4)
A copy of the judgment or decree.
(b)
The judgment or decree may be docketed as if rendered in an action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-540.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-217 - Application for court order - Procedure - Notice

Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-541.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-218 - Venue

(a)
An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county.
(b)
All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
Acts 1977, ch. 159, § 1; T.C.A., § 23-542.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-219 - Appeals

(a)
An appeal may be taken from:
(1)
An order denying an application to compel arbitration made under §
29-5-203
;
(2)
An order granting an application to stay arbitration made under §
29-5-203(b)
;
(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 judgment or decree entered pursuant to this part.
(b)
The appeal shall be taken in the manner and to the same extent as from orders of judgments in a civil action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-543.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-220 - Foreign arbitration hearings or awards

(a)
Notwithstanding any other law to the contrary, the court shall not confirm an award under §
29-5-212
or enter judgment or decree in conformity therewith under §
29-5-215
where the arbitration hearing or award was made outside of the United States and its territories and the foreign state wherein the award was made does not grant reciprocity in recognition and enforcement of arbitration awards made in the United States or its territories.
(b)
The prohibition set forth in subsection (a) of this section shall not apply where the party seeking confirmation under §
29-5-212
, or entry of judgment or decree under §
29-5-215
, and the real party in interest benefited by the award is a citizen of the United States.
Acts 1977, ch. 159, § 1; T.C.A., § 23-544.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 2 - COTTON ARBITRATION (§§ 29-5-201 — 29-5-221) › Section 29-5-221 - Application of law

This part shall apply only to agreements made subsequent to July 1, 1977.
Acts 1977, ch. 159, § 1; T.C.A., § 23-545.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-301 - Short title

This part is known and may be cited as the "Uniform Arbitration Act."
Repealed and reenacted by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Acts 1983, ch. 462, §§ 17, 23.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-302 - Part definitions

As used in this part:
(1)
"Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;
(2)
"Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;
(3)
"Court" means a court of competent jurisdiction in this state;
(4)
"Knowledge" means actual knowledge;
(5)
"Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity; and
(6)
"Record" means information that:
(A)
Is inscribed on a tangible medium; or
(B)
Is stored in an electronic or other medium and is retrievable in perceivable form.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-303 - Notice

(a)
Except as otherwise provided in this part, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course. A form of notice that is specified by the agreement to arbitrate or the rules of an arbitration organization specified in the agreement to arbitrate, is conclusively presumed reasonable.
(b)
A person has notice if the person has knowledge of the notice or has received notice.
(c)
A person receives notice when the notice 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 the communications.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-304 - Applicability of the part

(a)
This part governs an agreement to arbitrate made on or after the effective date of this act.
(b)
This part governs an agreement to arbitrate made before the effective date of this act, if all the parties to the agreement or to the arbitration proceeding so agree in a record.
(c)
On or after July 1, 2023, this part governs an agreement to arbitrate whenever made.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-305 - Effect of agreement to arbitrate - Nonwaivable provisions

(a)
Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this part to the extent permitted by law.
(b)
Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:
(1)
Waive or agree to vary the effect of the requirements of §
29-5-306(a)
, §
29-5-307(a)
, §
29-5-309
, §
29-5-318(a) or (b)
, §
29-5-327
, or §
29-5-329
;
(2)
Agree to unreasonably restrict the right under §
29-5-310
to notice of the initiation of an arbitration proceeding;
(3)
Agree to unreasonably restrict the right under §
29-5-313
to disclosure of facts by a neutral arbitrator; or
(4)
Waive the right under §
29-5-317
of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or 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 shall not waive, or the parties shall not vary the effect of, the requirements of this section or §
29-5-304(a) or (c)
, §
29-5-308
, §
29-5-315
, §
29-5-319
, §
29-5-321(d) or (e)
, §
29-5-323
, §
29-5-324
, §
29-5-325
, §
29-5-326(a) or (b)
, §
29-5-330
, §
29-5-331
, §
29-5-332
, or §
29-5-333
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-306 - Application for judicial relief

(a)
Except as otherwise provided in §
29-5-329
, an application for judicial relief under this part must be made by petition 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 petition to the court under this part 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.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-307 - Validity of agreement to arbitrate

(a)
An agreement contained in a record to submit to arbitration an 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, then the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-308 - 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, then the court must order the parties to arbitrate; and
(2)
If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court 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, then the court shall order the parties to arbitrate.
(c)
If the court finds that there is no enforceable agreement, then the court must not order the parties to arbitrate pursuant to subsection (a) or (b).
(d)
The court shall 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, then a motion under this section must be made in that court. Otherwise a motion under this section must be made in a court as provided in §
29-5-328
.
(f)
If a party makes a motion to the court to order arbitration, then the court on just terms must stay a 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, then the court on just terms must stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, then the court may limit the stay to that claim.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-309 - Provisional remedies

(a)
Before an arbitrator is appointed and is authorized and able to act, the court, upon a 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 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 extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; 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. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator.
(c)
A party does not waive a right of arbitration by making a motion under subsection (a) or (b).
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-310 - 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 §
29-5-316(c)
no later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives an objection to lack of or insufficiency of notice.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-311 - Consolidation of separate arbitration proceedings

(a)
Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitration is permitted, the arbitrator or arbitrators shall have the authority specified in this section. Nothing in this section prohibits the consolidation of proceedings in cases where all affected parties expressly agree to consolidation; provided, consolidation is not prohibited by the parties' agreement as provided in subsection (d).
(b)
Except as otherwise provided in subsection (d), upon a 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 (1) 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.
(c)
The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(d)
The court shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-312 - 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, then 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, then the court, on a motion of a party to the arbitration proceeding, must 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 shall not serve as an arbitrator required by an agreement to be neutral.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-313 - 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 other arbitrators 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 the parties to the agreement to arbitrate or the arbitration proceeding, the parties' 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 other arbitrators 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, then the objection may be a ground under §
29-5-324(a)(2)
for vacating an award made by the arbitrator.
(d)
If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, then the court under §
29-5-324(a)(2)
may vacate an award.
(e)
An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding, or a known, existing, and substantial relationship with a party, is presumed to act with evident partiality under §
29-5-324(a)(2)
.
(f)
If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, then substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under §
29-5-324(a)(2)
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-314 - Action by majority

If there is more than one (1) arbitrator, then the powers of an arbitrator must be exercised by a majority of the arbitrators, and all of them must conduct the hearing under §
29-5-316(c)
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-315 - Immunity of arbitrator - Competency to testify - Attorney's fees and costs

(a)
An arbitrator or an arbitration organization acting in that capacity is immune from civil 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 immunity afforded under other law.
(c)
The failure of an arbitrator to make a disclosure required by §
29-5-313
does not cause a 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 is not required to produce records as to statements, conduct, decisions, or rulings 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 (d) 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 §
29-5-324(a)(1) or (2)
if the movant establishes prima facie that a ground for vacating the award exists.
(e)
If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, then the court must award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-316 - Arbitration process

(a)
An arbitrator may conduct an arbitration in the 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 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 (1) 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, then the arbitrator must set a time and place and give notice of the hearing no less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice no 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 shall 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, then a replacement arbitrator must be appointed in accordance with §
29-5-312
to continue the proceeding and to resolve the controversy.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-317 - Representation by lawyer

A party to an arbitration proceeding may be represented by a lawyer.
Added by 2023 Tenn. Acts, ch. 319,s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 5 - ARBITRATION (§§ 29-5-101 — 29-5-331) › Part 3 - UNIFORM ARBITRATION ACT (§§ 29-5-301 — 29-5-331) › Section 29-5-319 - 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, then the party may request the arbitrator to incorporate the ruling into an award under §
29-5-320
. A prevailing party may make a motion to the court for an expedited order to confirm the award under §
29-5-323
, 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 §
29-5-324
or §
29-5-325
.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.