Revision of a five-decade old act is now in law.
Signed April 22 by Gov. Tim Pawlenty, the law makes changes to the Uniform Arbitration Act of 1955, which was adopted by 49 states, including Minnesota in 1957. The act provides procedures and standards for arbitration proceedings in certain disputes.
The Uniform Law Conference has revised the act to reflect changes in arbitration over the years. Twelve other states and the District of Columbia have adopted the updated act.
Provisions in the law include:
• additional remedies so the status quo can be maintained during the arbitration process;
• some consolidation of proceedings if they have similar issues of law;
• permitting an arbitrator to conduct the arbitration in such a manner he or she considers appropriate “so as to aid in the fair and expeditious disposition of the proceeding”;
• allowing a court to order provisional remedies during arbitration before an arbitrator is selected;
• requiring arbitrators to disclose any potential financial or other conflict;
• allowing an award to be vacated because of an arbitrator’s partiality;
• arbitrators will have immunity from civil liability to the same extent as a Minnesota judge acting in a judicial capacity; and
• arbitrators can award punitive damages or other relief if an award is authorized by law in civil action involving the same claim.
Rep. Terry Morrow (DFL-St. Peter) and Sen. Mary Olson (DFL-Bemidji) sponsor the law, which takes effect Aug. 1, 2011. Morrow said the Minnesota State Bar Association and other lawyer and attorney groups support the changes.
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