Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action — Subtitle 2. Arbitration and Award

In this subtitle the following terms have the meanings indicated.

“Court” means a court of equity.

“Guardian” means a person appointed by a court as guardian of the person or property or both of a disabled person.

“Personal representative” means an executor, administrator, or special administrator.

An initial petition shall be filed with the court in the county:

If the agreement does not provide for a county in which the petition shall be filed or if the hearing has not been held, the petition shall be filed with the court in:

A subsequent petition shall be filed with the court hearing the initial petition unless the court directs otherwise.

Except as otherwise provided, a petition under this subtitle shall be heard in the manner and upon the notice provided by law or rule of court for the procedures when a petition is filed in an action.

Unless the parties agree otherwise, notice of the initial petition for an order shall be served in the manner provided by law or rule of court for the service of summons in an action.

Except as otherwise provided in this subtitle, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy arising between the parties in the future is valid and enforceable, and is irrevocable, except upon grounds that exist at law or in equity for the revocation of a contract.

This subtitle does not apply to an arbitration agreement between employers and employees or between their respective representatives unless it is expressly provided in the agreement that this subtitle shall apply.

In this section, “consumer” means a party to an arbitration agreement who, in the context of the arbitration agreement, is an individual, not a business, who seeks or acquires, including by lease, any goods or services primarily for personal, family, or household purposes including financial services, health care services, or real property.

If a party to an arbitration agreement described in § 3-202 of this subtitle refuses to arbitrate, the other party may file a petition with a court to order arbitration.

If the opposing party denies existence of an arbitration agreement, the court shall proceed expeditiously to determine if the agreement exists.

If the court determines that the agreement exists, it shall order arbitration. Otherwise it shall deny the petition.

If a party denies existence of the arbitration agreement, he may petition a court to stay commenced or threatened arbitration proceedings.

If the court determines that existence of the arbitration agreement is in substantial and bona fide dispute, it shall try this issue promptly and order a stay if it finds for the petitioner. If the court finds for the adverse party, it shall order the parties to proceed with arbitration.

A court shall stay any action or proceeding involving an issue subject to arbitration if:

If the issue subject to arbitration is severable, the court may order the stay with respect to this issue only.

If a petition to stay has been filed with a court where any action or proceeding concerning arbitration is pending, the court’s order to arbitrate shall include the stay.

On the ground that the claim in issue lacks merit or bona fides; or

Because a valid basis for the claim sought to be arbitrated has not been shown.

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed.

In the absence of a provision in the agreement, a party may file a petition with a court to appoint one or more arbitrators.

A court shall appoint one or more arbitrators if:

A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.

The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

At an arbitration hearing, the parties have the right:

Arbitrators are not bound by the technical rules of evidence.

The majority of the arbitrators may determine any question and render a final award.

If an arbitrator for any reason ceases to act during the course of the arbitration hearing, the remaining arbitrators or arbitrator appointed to act as neutral, may continue with a hearing and the determination of the controversy.

A party has the right to be represented by an attorney at any proceeding or hearing under this subtitle.

A waiver of the right to be represented by an attorney prior to the proceeding or hearing is ineffective.

The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths.

At the arbitration hearing a witness shall be sworn:

All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.

The witness cannot be subpoenaed; or

The witness is unable to attend a hearing.

The arbitration award shall be in writing and signed by the arbitrators who joined in the award.

The arbitrators shall deliver a copy of the award to each party:

A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him.

The arbitrators may, and on application of a party shall, order that part or all of the proceedings be transcribed.

The record made from the transcript shall be available to either side for purpose of appeal or otherwise.

Unless the arbitration agreement provides otherwise, the award shall provide for payment of the arbitrators’ expenses, fees, and any other expense incurred in the conduct of the arbitration.

Unless the arbitration agreement provides otherwise, the award may not include counsel fees.

A party may apply to the arbitrators to modify or correct an award within 20 days after delivery of the award to the applicant.

A written notice of an application to modify or correct the award shall be given to the opposing party, stating that he shall serve any objection to the application within ten days.

The arbitrators may modify or correct an award:

The arbitrators shall modify or correct an award consistent with the order of court, if a petition under § 3-223, § 3-224, or § 3-227 of this subtitle is pending.

The modified or corrected award is subject to the provisions of §§ 3-223, 3-224, and 3-227 of this subtitle.

A petition to modify or correct the award shall be filed within 90 days after delivery of a copy of the award to the applicant.

The court shall modify or correct the award if:

If the petition is granted, the court shall modify or correct the award to effect its intent and confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

An application to modify or correct an award may be joined, in the alternative, with an application to vacate the award.

The court shall vacate an award if:

The court shall not vacate the award or refuse to confirm the award on the ground that a court of law or equity could not or would not grant the same relief.

If any award is vacated on grounds other than those stated in § 3-224(b)(5) of this subtitle, the court may order a rehearing before new arbitrators selected by the parties as provided by the agreement, or by the court in the absence of an agreement as provided in § 3-211 of this subtitle.

If the award is vacated on grounds set forth in § 3-224(b)(3) and (4) of this subtitle, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 3-211 of this subtitle.

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 or at a time specified by the court.

A party may petition the court to confirm the award.

The court shall confirm the award, unless the other party has filed an application to vacate, modify, or correct the award within the time provided in §§ 3-222 and 3-223 of this subtitle.

If an application to vacate, modify, or correct the award has been filed, the court shall proceed as provided in §§ 3-223 and 3-224 of this subtitle.

A court may award costs of the petition, the subsequent proceedings, and disbursements.

Notwithstanding the death of a party who made a written agreement to submit a controversy to arbitration, the arbitration proceedings may begin or continue if an application has been filed by or notice given to his personal representative.

If a guardian has been appointed, the proceedings may be continued:

Upon the death or incompetence of a party, the court may extend the time within which a petition to confirm, vacate, or modify the award, or to stay arbitration, must be made.

If a party dies after an award was delivered, the subsequent proceedings are the same as where a party dies after a verdict.

If a party dies before an award is returned and judgment rendered, the cause does not abate and the arbitrators shall give a reasonable notice of the pending proceedings to the personal representative.

Notwithstanding the death of a party, the arbitrators shall proceed with a determination and return their award upon which judgment may be entered.