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: As provided by the agreement; or Where the arbitration hearing was held. 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: The county where the adverse party resides; The county where the adverse party has a place of business; or If the adverse party has neither a residence nor a place of business in the State, any county. 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. Except as provided in paragraph (2) of this subsection, any provision in an insurance contract with a consumer that requires arbitration is void and unenforceable. This subsection does not apply to a provision that establishes an appraisal process to determine the value of 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. A petition to stay arbitration shall be filed with the court where a petition to order arbitration has been filed. If a petition for order to arbitrate has not been filed, the petition to stay arbitration may be filed in any court subject to venue provisions of Title 6 of this article. 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: A petition for order to arbitrate has been filed; or An order for arbitration has been made. 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.

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: The arbitration agreement does not provide a method of appointment; The agreed method fails or for any reason cannot be followed; or An appointed arbitrator fails or is unable to act and his successor has not been appointed. A court appointed arbitrator has all the powers of an arbitrator specifically named in the agreement.

Unless the agreement provides otherwise, the arbitrators shall designate a time and place for hearing and notify the parties, personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, not less than five days before the hearing. Appearance at the hearing waives the notice. Except as provided in § 3-215(b) of this subtitle, the arbitration hearing shall be conducted by all the arbitrators. The arbitrators may adjourn the hearing from time to time as necessary. Upon request of a party and for good cause shown or on their own motion, the arbitrators may postpone the hearing to a time not later than the date set by the agreement for 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. On petition of a party, the court may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

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.

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: At the request of a party; or At the request of a majority of the arbitrators. A party or the arbitrators may file a petition with a court to enforce a subpoena. A subpoena shall be enforced in the manner provided by law or rule for the enforcement of subpoenas in a civil action. All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.

The arbitration award shall be in writing and signed by the arbitrators who joined in the award. The arbitration award shall be made within the time set by the agreement. If the agreement does not set a time, a party may petition a court to set the time. The parties may extend the time for making an award in writing at any time. The arbitrators shall deliver a copy of the award to each party: As provided in the agreement; Personally; or By certified mail, return receipt requested, bearing a postmark from the United States Postal Service. 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.

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: On the grounds stated in § 3-223(b)(1), (2), or (3) of this subtitle; or For the purpose of clarity. 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: 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; 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 The award is imperfect in a matter of form, not affecting the merits of the controversy. 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.

Except as provided in paragraph (2), a petition to vacate the award shall be filed within 30 days after delivery of a copy of the award to the petitioner. If a petition alleges corruption, fraud, or other undue means it shall be filed within 30 days after the grounds become known or should have been known to the petitioner. The court shall vacate an award if: An award was procured by corruption, fraud, or other undue means; There was evident partiality by an arbitrator appointed as a neutral, corruption in any arbitrator, or misconduct prejudicing the rights of any party; The arbitrators exceeded their powers; The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 3-213 of this subtitle, as to prejudice substantially the rights of a party; or There was no arbitration agreement as described in § 3-206 of this subtitle, the issue was not adversely determined in proceedings under § 3-208 of this subtitle, and the party did not participate in the arbitration hearing without raising the objection. 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.

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 application of the guardian; or Upon the notice to the guardian. 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.