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The OUAA provides that a written agreement to arbitrate a dispute is presumptively valid, enforceable, and irrevocable except where there are legal or equitable grounds for the revocation that apply to any contract (Or. Rev. Stat. § 36.620(1)).
The Court notifies the arbitrator of the assignment and then the arbitrator will contact the parties to arrange a hearing date and payment of arbitrator's fee. The parties must pay a pro-rata fee not to exceed $600.00 total to the arbitrator. They pay the arbitrator directly their share of the $600.00.
Oregon courts mandate arbitration in two situations: a civil lawsuit where claimed damages involve only money and do not exceed $50,000, or a divorce proceeding seeking to resolve only the division of property.
DISPUTES BEYOND JURISDICTION OF ARBITRATION 27a2 Even in case of civil rights following matter cannot be referred to arbitration: (a) Matrimonial matters and matters connected with conjugal rights. (b) Industrial Disputes and Revenue matters (Income Tax & other Tax matters). (c) Testamentary matters under Succ3ession act.
Arbitrators hear various types of cases, from small disputes between neighbors to million-dollar business conflicts. Unlike mediation, which is less effective in cases where questions of law represent the key elements of the dispute, arbitration is often used for complex legal disputes.
PETITION TO COMPEL OR STAY ARBITRATION Under the OUAA, a party asks a court to compel or stay arbitration in Oregon state court by filing a petition. If there is no court action already pending between the parties, the petition to compel or stay arbitration starts an action.
If a case is eligible for arbitration, the court sends the parties a list of proposed arbitrators. Then, the parties have 21 days to select an arbitrator. The parties may also agree to another arbitrator of their choice. If the parties do not agree on the selection, the court will assign the arbitrator.
Consumers were more likely to win in arbitration (44 percent) than in court (30 percent).
During an arbitration hearing, the arbitrator will listen as the parties present evidence, may ask questions of the parties and their witnesses, and may schedule more time for a party to submit evidence that the arbitrator thinks is necessary to prove or disprove a claim.