# Title 32 — Judicial Remedies

## Chapter 32-29.3 — Uniform Arbitration Act

### § 32-29.3-01. Definitions.

As used in this chapter:
1. "Arbitration organization" means an association, agency, board, commission, or other
entity that is neutral and initiates, sponsors, or administers in 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 the district court.
4. "Knowledge" means actual knowledge.
5. "Record" means information that is inscribed on a tangible medium or that is stored in
an electronic or other medium and is retrievable in perceivable form.
### § 32-29.3-02. Notice.

1. Except as otherwise provided in this chapter, a person gives notice to another person
by taking action that is reasonably necessary to inform the other person in ordinary
course, whether or not the other person acquires knowledge of the notice.
2. A person has notice if the person has knowledge of the notice or has received notice.
3. A person receives notice when it 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 such communications.
### § 32-29.3-03. When chapter applies.

1. This chapter governs an agreement to arbitrate made after July 31, 2003.
2. This chapter governs an agreement to arbitrate made before August 1, 2003, if all the
parties to the agreement or to the arbitration proceeding so agree in a record.
3. After July 31, 2005, this chapter governs an agreement to arbitrate whenever made.
Until August 1, 2005, chapter 32-29.2, as it existed on July 31, 2003, applies to
agreements made after June 30, 1987.
### § 32-29.3-04. Effect of agreement to arbitrate - Nonwaivable provisions.

1. Except as otherwise provided in subsections 2 and 3, 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 chapter to the extent permitted by law.
2. Before a controversy arises that is subject to an agreement to arbitrate, a party to the
agreement may not:
a. Waive or agree to vary the effect of the requirements of subsection 1 of section
32-29.3-05, subsection 1 of section 32-29.3-06, section 32-29.3-08,
subsections 1 and 2 of section 32-29.3-17, or section 32-29.3-26 or 32-29.3-28;
b. Agree to unreasonably restrict the right under section 32-29.3-09 to notice of the
initiation of an arbitration proceeding;
c. Agree to unreasonably restrict the right under section 32-29.3-12 to disclosure of
any facts by a neutral arbitrator; or
d. Waive the right under section 32-29.3-16 of a party to an agreement to arbitrate
to be represented by a lawyer at any proceeding or hearing under this chapter,
but an employer and a labor organization may waive the right to representation
by a lawyer in a labor arbitration.
3. A party to an agreement to arbitrate or arbitration proceeding may not waive, or the
parties may not vary the effect of, the requirements of this section or subsection 1 or 3
of section 32-29.3-03, section 32-29.3-07, 32-29.3-14, or 32-29.3-18, subsection 4 or 5
of section 32-29.3-20, section 32-29.3-22, 32-29.3-23, or 32-29.3-24, subsection 1 or 2
of section 32-29.3-25, or section 32-29.3-29 or 32-29.3-30.

### § 32-29.3-05. Application for judicial relief.

1. Except as otherwise provided in section 32-29.3-28, an application for judicial relief
under this chapter must be made by motion to the court and heard in the manner
provided by law or rule of court for making and hearing motions.
2. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial
motion to the court under this chapter 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 of serving motions in pending
cases.
### § 32-29.3-06. Validity of agreements to arbitrate.

1. An agreement contained in a record to submit to arbitration any 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.
2. The court shall decide whether an agreement to arbitrate exists or a controversy is
subject to an agreement to arbitrate.
3. 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.
4. If a party to a judicial proceeding challenges the existence of, or claims that a
controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may
continue pending final resolution of the issue by the court, unless the court otherwise
orders.
### § 32-29.3-07. Motion to compel or stay arbitration.

1. On motion to a person showing an agreement to arbitrate and alleging another
person's refusal to arbitrate pursuant to the agreement:
a. If the refusing party does not appear or does not oppose the motion, the court
shall order the parties to arbitrate; and
b. If the refusing party opposes the motion, the court shall proceed summarily to
decide the issue and order the parties to arbitrate unless it finds that there is no
enforceable agreement to arbitrate.
2. 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, it shall order the parties to arbitrate.
3. If the court finds that there is no enforceable agreement, it may not, pursuant to
subsection 1 or 2, order the parties to arbitrate.
4. The court may not refuse to order arbitration because the claim subject to arbitration
lacks merit or grounds for the claim have not been established.
5. If a proceeding involving a claim referable to arbitration under an alleged agreement to
arbitrate is pending in court, a motion under this section must be made in that court.
Otherwise a motion under this section may be made in any court as provided in
section 32-29.3-27.
6. If a party makes a motion to the court to order arbitration, the court on just terms shall
stay any judicial proceeding that involves a claim alleged to be subject to the
arbitration until the court renders a final decision under this section.
7. If the court orders arbitration, the court on just terms shall stay any judicial proceeding
that involves a claim subject to the arbitration. If a claim subject to the arbitration is
severable, the court may limit the stay to that claim.
### § 32-29.3-08. Provisional remedies.

1. Before an arbitrator is appointed and is authorized and able to act, the court, upon
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.
2. After an arbitrator is appointed and is authorized and able to act:
a. The arbitrator may issue such 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 same extent and under the same conditions as if the
controversy were the subject of a civil action; and
b. 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.
3. A party does not waive a right of arbitration by making a motion under subsection 1 or
2.
### § 32-29.3-09. Initiation of arbitration.

1. 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.
2. Unless a person objects for lack or insufficiency of notice under subsection 3 of
section 32-29.3-15 not later than the beginning of the arbitration hearing, the person
by appearing at the hearing waives any objection to lack of or insufficiency of notice.
### § 32-29.3-10. Consolidation of separate arbitration proceedings.

1. Except as otherwise provided in subsection 3, upon 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:
a. There are separate agreements to arbitrate or separate arbitration proceedings
between the same persons or one of them is a party to a separate agreement to
arbitrate or a separate arbitration proceeding with a third person;
b. The claims subject to the agreements to arbitrate arise in substantial part from
the same transaction or series of related transactions;
c. The existence of a common issue of law or fact creates the possibility of
conflicting decisions in the separate arbitration proceedings; and
d. 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.
2. The court may order consolidation of separate arbitration proceedings as to some
claims and allow other claims to be resolved in separate arbitration proceedings.
3. The court may not order consolidation of the claims of a party to an agreement to
arbitrate if the agreement prohibits consolidation.
### § 32-29.3-11. Appointment of arbitrator - Service as a neutral arbitrator.

1. If the parties to an agreement to arbitrate agree on a method for appointing an
arbitrator, 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, the court, on motion of a party
to the arbitration proceeding, shall 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.
2. 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
may not serve as an arbitrator required by an agreement to be neutral.

### § 32-29.3-12. Disclosure by arbitrator.

1. 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 any other arbitrators any known facts that a
reasonable person would consider likely to affect the impartiality of the arbitrator in the
arbitration proceeding, including:
a. A financial or personal interest in the outcome of the arbitration proceeding; and
b. An existing or past relationship with any of the parties to the agreement to
arbitrate or the arbitration proceeding, their counsel or representatives, a witness,
or other arbitrators.
2. An arbitrator has a continuing obligation to disclose to all parties to the agreement to
arbitrate and arbitration proceeding and to any other arbitrators any facts that the
arbitrator learns after accepting appointment which a reasonable person would
consider likely to affect the impartiality of the arbitrator.
3. If an arbitrator discloses a fact required by subsection 1 or 2 to be disclosed and a
party timely objects to the appointment or continued service of the arbitrator based
upon the fact disclosed, the objection may be a ground under subdivision b of
subsection 1 of section 32-29.3-23 for vacating an award made by the arbitrator.
4. If the arbitrator did not disclose a fact as required by subsection 1 or 2, upon timely
objection by a party, the court under subdivision b of subsection 1 of section
5. 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
subdivision b of subsection 1 of section 32-29.3-23.
6. If the parties to an arbitration proceeding agree to the procedures of an arbitration
organization or any other procedures for challenges to arbitrators before an award is
made, substantial compliance with those procedures is a condition precedent to a
motion to vacate an award on that ground under subdivision b of subsection 1 of
section 32-29.3-23.
### § 32-29.3-13. Action by majority.

If there is more than one arbitrator, the powers of an arbitrator must be exercised by a
majority of the arbitrators, but all of them must conduct the hearing under subsection 3 of
section 32-29.3-15.
### § 32-29.3-14. Immunity of arbitrator - Competency to testify - Attorney's fees and costs.

1. 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.
2. The immunity afforded by this section supplements any immunity under other law.
3. The failure of an arbitrator to make a disclosure required by section 32-29.3-12 does
not cause any loss of immunity under this section.
4. In a judicial, administrative, or similar proceeding, an arbitrator or representative of an
arbitration organization is not competent to testify and may not be required to produce
records as to any statement, conduct, decision, or ruling 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 does not apply:
a. 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
b. To a hearing on a motion to vacate an award under subdivision a or b of
subsection 1 of section 32-29.3-23 if the movant establishes prima facie that a
ground for vacating the award exists.
5. 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 4, 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, the court
shall award to the arbitrator, organization, or representative reasonable attorney's fees
and other reasonable expenses of litigation.
### § 32-29.3-15. Arbitration process.

1. An arbitrator may conduct an arbitration in such 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 any evidence.
2. An arbitrator may decide a request for summary disposition of a claim or particular
issue:
a. If all interested parties agree; or
b. Upon request of one 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.
3. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give
notice of the hearing not less than five days before the hearing begins. Unless a party
to the arbitration proceeding makes an objection to lack or insufficiency of notice not
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 may 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.
4. At a hearing under subsection 3, 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.
5. If an arbitrator ceases or is unable to act during the arbitration proceeding, a
replacement arbitrator must be appointed in accordance with section 32-29.3-11 to
continue the proceeding and to resolve the controversy.
### § 32-29.3-16. Representation by lawyer.

A party to an arbitration proceeding may be represented by a lawyer.
### § 32-29.3-17. Witnesses - Subpoenas - Depositions - Discovery.

1. An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator,
enforced in the manner for enforcement of subpoenas in a civil action.
2. In order to make the proceedings fair, expeditious, and cost-effective, upon request of
a party to or a witness in an arbitration proceeding, an arbitrator may permit a
deposition of any witness to be taken for use as evidence at the hearing, including a
witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator
shall determine the conditions under which the deposition is taken.
3. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the
circumstances, taking into account the needs of the parties to the arbitration

proceeding and other affected persons and the desirability of making the proceeding
fair, expeditious, and cost-effective.
4. If an arbitrator permits discovery under subsection 3, the arbitrator may order a party
to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
issue subpoenas for the attendance of a witness and for the production of records and
other evidence at a discovery proceeding, and take action against a noncomplying
party to the extent a court could if the controversy were the subject of a civil action in
this state.
5. An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, and other information protected
from disclosure to the extent a court could if the controversy were the subject of a civil
action in this state.
6. All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action in this
state.
7. The court may enforce a subpoena or discovery-related order for the attendance of a
witness within this state and for the production of records and other evidence issued
by an arbitrator in connection with an arbitration proceeding in another state upon
conditions determined by the court so as to make the arbitration proceeding fair,
expeditious, and cost-effective. A subpoena or discovery-related order issued by an
arbitrator in another state must be served in the manner provided by law for service of
subpoenas in a civil action in this state and, upon motion to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner provided by law for
enforcement of subpoenas in a civil action in this state.
### § 32-29.3-18. Judicial enforcement of preaward ruling by arbitrator.

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the
party may request the arbitrator to incorporate the ruling into an award under
section 32-29.3-19. A prevailing party may make a motion to the court for an expedited order to
confirm the award under section 32-29.3-22, 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 section 32-29.3-23 or 32-29.3-24.
### § 32-29.3-19. Award.

1. An arbitrator shall make a record of an award. The record must be signed or otherwise
authenticated by any arbitrator who concurs with the award. The arbitrator or the
arbitration organization shall give notice of the award, including a copy of the award, to
each party to the arbitration proceeding.
2. An award must be made within the time specified by the agreement to arbitrate or, if
not specified therein, within the time ordered by the court. The court may extend or the
parties to the arbitration proceeding may agree in a record to extend the time. The
court or the parties may do so within or after the time specified or ordered. A party
waives any objection that an award was not timely made unless the party gives notice
of the objection to the arbitrator before receiving notice of the award.
### § 32-29.3-20. Change of award by arbitrator.

1. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may
modify or correct an award:
a. Upon a ground stated in subdivision a or c of subsection 1 of section 32-29.3-24;
b. Because the arbitrator has not made a final and definite award upon a claim
submitted by the parties to the arbitration proceeding; or
c. To clarify the award.
2. A motion under subsection 1 must be made and notice given to all parties within
twenty days after the movant receives notice of the award.

3. A party to the arbitration proceeding must give notice of any objection to the motion
within ten days after receipt of the notice.
4. If a motion to the court is pending under section 32-29.3-22, 32-29.3-23, or
32-29.3-24, the court may submit the claim to the arbitrator to consider whether to
modify or correct the award:
a. Upon a ground stated in subdivision a or c of subsection 1 of section 32-29.3-24;
b. Because the arbitrator has not made a final and definite award upon a claim
submitted by the parties to the arbitration proceeding; or
c. To clarify the award.
5. An award modified or corrected pursuant to this section is subject to subsection 1 of
section 32-29.3-19 and sections 32-29.3-22, 32-29.3-23, and 32-29.3-24.
### § 32-29.3-21. Remedies - Fees and expenses of arbitration proceedings.

1. An arbitrator may award punitive damages or other exemplary relief if such an award
is authorized by law in a civil action involving the same claim and the evidence
produced at the hearing justifies the award under the legal standards otherwise
applicable to the claim.
2. An arbitrator may award reasonable attorney's fees and other reasonable expenses of
arbitration if such an award is authorized by law in a civil action involving the same
claim or by the agreement of the parties to the arbitration proceeding.
3. As to all remedies other than those authorized by subsections 1 and 2, an arbitrator
may order such remedies as the arbitrator considers just and appropriate under the
circumstances of the arbitration proceeding. The fact that such a remedy could not or
would not be granted by the court is not a ground for refusing to confirm an award
under section 32-29.3-22 or for vacating an award under section 32-29.3-23.
4. An arbitrator's expenses and fees, together with other expenses, must be paid as
provided in the award.
5. If an arbitrator awards punitive damages or other exemplary relief under subsection 1,
the arbitrator shall specify in the award the basis in fact justifying and the basis in law
authorizing the award and state separately the amount of the punitive damages or
other exemplary relief.
### § 32-29.3-22. Confirmation of award.

After a party to an arbitration proceeding receives notice of an award, the party may make a
motion to the court for an order confirming the award at which time the court shall issue a
confirming order unless the award is modified or corrected pursuant to section 32-29.3-20 or
### § 32-29.3-23. Vacating award.

1. Upon motion to the court by a party to an arbitration proceeding, the court shall vacate
an award made in the arbitration proceeding if:
a. The award was procured by corruption, fraud, or other undue means;
b. There was:
(1) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(2) Corruption by an arbitrator; or
(3) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration
proceeding;
c. An arbitrator refused to postpone the hearing upon showing of sufficient cause for
postponement, refused to consider evidence material to the controversy, or
otherwise conducted the hearing contrary to section 32-29.3-15, so as to
prejudice substantially the rights of a party to the arbitration proceeding;
d. An arbitrator exceeded the arbitrator's powers;
e. There was no agreement to arbitrate, unless the person participated in the
arbitration proceeding without raising the objection under subsection 3 of
section 32-29.3-15 not later than the beginning of the arbitration hearing; or

f. The arbitration was conducted without proper notice of the initiation of an
arbitration as required in section 32-29.3-09 so as to prejudice substantially the
rights of a party to the arbitration proceeding.
2. A motion under this section must be filed within ninety days after the movant receives
notice of the award pursuant to section 32-29.3-19 or within ninety days after the
movant receives notice of a modified or corrected award pursuant to
section 32-29.3-20, unless the movant alleges that the award was procured by
corruption, fraud, or other undue means, in which case the motion must be made
within ninety days after the ground is known or by the exercise of reasonable care
would have been known by the movant.
3. If the court vacates an award on a ground other than that set forth in subdivision e of
subsection 1, it may order a rehearing. If the award is vacated on a ground stated in
subdivision a or b of subsection 1, the rehearing must be before a new arbitrator. If the
award is vacated on a ground stated in subdivision c, d, or f of subsection 1, the
rehearing may be before the arbitrator who made the award or the arbitrator's
successor. The arbitrator must render the decision in the rehearing within the same
time as that provided in subsection 2 of section 32-29.3-19 for an award.
4. If the court denies a motion to vacate an award, the court shall confirm the award
unless a motion to modify or correct the award is pending.
### § 32-29.3-24. Modification or correction of award.

1. Upon motion made within ninety days after the movant receives notice of the award
pursuant to section 32-29.3-19 or within ninety days after the movant receives notice
of a modified or corrected award pursuant to section 32-29.3-20, the court shall modify
or correct the award if:
a. There was an evident mathematical miscalculation or an evident mistake in the
description of a person, thing, or property referred to in the award;
b. The arbitrator has made an award on a claim not submitted to the arbitrator and
the award may be corrected without affecting the merits of the decision upon the
claims submitted; or
c. The award is imperfect in a matter of form not affecting the merits of the decision
on the claim submitted.
2. If a motion made under subsection 1 is granted, the court shall modify or correct and
confirm the award as modified or corrected. Otherwise, unless a motion to vacate is
pending, the court shall confirm the award.
3. A motion to modify or correct an award pursuant to this section may be joined with a
motion to vacate the award.
### § 32-29.3-25. Judgment on award - Attorney's fees and litigation expenses.

1. Upon granting an order confirming, vacating without directing a rehearing, modifying,
or correcting an award, the court shall enter a judgment in conformity therewith. The
judgment may be recorded, docketed, and enforced as any other judgment in a civil
action.
2. A court may allow reasonable costs of the motion and subsequent judicial
proceedings.
3. On application of a prevailing party to a contested judicial proceeding under
section 32-29.3-22, 32-29.3-23, or 32-29.3-24, the court may add reasonable
attorney's fees and other reasonable expenses of litigation incurred in a judicial
proceeding after the award is made to a judgment confirming, vacating without
directing a rehearing, modifying, or correcting an award.
### § 32-29.3-26. Jurisdiction.

1. A court of this state having jurisdiction over the controversy and the parties may
enforce an agreement to arbitrate.

2. An agreement to arbitrate providing for arbitration in this state confers exclusive
jurisdiction on the court to enter judgment on an award under this chapter.
### § 32-29.3-27. Venue.

A motion pursuant to section 32-29.3-05 must be made in the court of the county in which
the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has
been held, in the court of the county in which it was held. Otherwise, the motion may be made in
the court of any county in which an adverse party resides or has a place of business or, if no
adverse party has a residence or place of business in this state, in the court of any county in this
state. All subsequent motions must be made in the court hearing the initial motion unless the
court otherwise directs.
### § 32-29.3-28. Appeals.

1. An appeal may be taken from:
a. An order denying a motion to compel arbitration;
b. An order granting a motion to stay arbitration;
c. An order confirming or denying confirmation of an award;
d. An order modifying or correcting an award;
e. An order vacating an award without directing a rehearing; or
f. A final judgment entered pursuant to this chapter.
2. An appeal under this section must be taken as from an order or a judgment in a civil
action.
3. Agreements to arbitrate between and among insurers and self-insured entities which
explicitly renounce a right of appeal are fully enforceable in this state. This chapter
does not alter those agreements to create a right of appeal.
### § 32-29.3-29. Relationship to Electronic Signatures in Global and National Commerce

Act.
The provisions of sections 32-29.3-01 and 32-29.3-19 which relate to the legal effect,
validity, and enforceability of electronic records or electronic signatures, and of contracts
performed with the use of such records or signatures must be construed to conform to the
requirements of section 102 of the Electronic Signatures in Global and National Commerce Act
[Pub. L. 106-229; 15 U.S.C. 7001, 7002].
