2010 Private Arbitration Update: Arizona's NEW Revised Uniform Arbitration Act & Arbitration Case Law Update Co-sponsored by the Alternative Dispute Resolution Section, the American Arbitration Association and DAVIS|MILES.
On April 23, 2010 Governor Brewer signed into law Arizona’s adaptation of the Revised Uniform Arbitration Act (the "RUAA") - the most sweeping reform of Arizona arbitration law in a half a century.
The RUAA brings Arizona’s arbitration law into the 21st Century and conforms it to modern arbitration trends, industry practices, and significant court decisions from the last 48 years. It statutorily ‘overrules’ important Arizona Supreme Court arbitration cases. But, unlike other states, Arizona now has TWO different, simultaneously operative arbitration statutes – its old UAA (for disputes involving employment, insurance companies, national banking interests and self regulating securities organizations) and the new RUAA for all other disputes.
If you practice law in business, real estate, construction, employment, or other areas that commonly utilize arbitration you need to know what’s new, including:
Recent U.S. Supreme Court & Arizona State Court arbitration cases
When the RUAA applies
When a judge or arbitrator can award interim remedies in arbitration
Judges’ NEW powers to consolidate separate arbitration proceedings
Mandatory disclosures that arbitrators must now make to parties
Arbitrators’ increased powers in arbitration process & discovery
Arbitrators’ express (but conditional) powers to award punitive damages
Arbitrators’ express powers to award attorneys’ fees
Other recently enacted Arizona arbitration law statutes
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