CHAPTER 679A ARBITRATION
679A.1 VALIDITY OF ARBITRATION AGREEMENT.
679A.2 PROCEEDINGS TO COMPEL OR STAY ARBITRATION.
679A.3 APPOINTMENT OF ARBITRATORS BY DISTRICT COURT.
679A.4 MAJORITY ACTION BY ARBITRATORS.
679A.5 HEARING.
679A.6 REPRESENTATION BY ATTORNEY.
679A.7 WITNESSES, SUBPOENAS, DEPOSITIONS.
679A.8 AWARD.
679A.9 CHANGE OF AWARD BY ARBITRATORS.
679A.10 FEES AND EXPENSES OF ARBITRATION.
679A.11 CONFIRMATION OF AN AWARD.
679A.12 VACATING AN AWARD.
679A.13 MODIFICATION OR CORRECTION OF AWARD.
679A.14 JUDGMENT OR DECREE ON AWARD.
679A.15 APPLICATIONS TO DISTRICT COURT.
679A.16 VENUE.
679A.17 APPEALS.
679A.18 CHAPTER NOT RETROACTIVE.
679A.19 DISPUTES BETWEEN GOVERNMENTAL AGENCIES.



        

679A.1 VALIDITY OF ARBITRATION AGREEMENT. 1. A written agreement to submit to arbitration an existing controversy is valid, enforceable, and irrevocable unless grounds exist at law or in equity for the revocation of the written agreement. 2. A provision in a written contract to submit to arbitration a future controversy arising between the parties is valid, enforceable, and irrevocable unless grounds exist at law or in equity for the revocation of the contract. This subsection shall not apply to any of the following: a. A contract of adhesion. b. A contract between employers and employees. c. Unless otherwise provided in a separate writing executed by all parties to the contract, any claim sounding in tort whether or not involving a breach of contract.

         Section History: Early Form

         [C51, § 2098, 2101; R60, § 3675, 3678; C73, § 3416, 3418; C97, §
      4385, 4387; C24, 27, 31, 35, 39, § 12695, 12697; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 679.1, 679.3; 81 Acts, ch 202, § 1]
      

         Section History: Recent Form

         C83, § 679A.1
         Referred to in § 679A.2
        

679A.2 PROCEEDINGS TO COMPEL OR STAY ARBITRATION. 1. On application of a party showing an agreement described in section 679A.1 and the opposing party's refusal to arbitrate, the district court shall order the parties to proceed with arbitration. However, if the opposing party denies the existence of a valid and enforceable agreement to arbitrate, the district court shall proceed to the determination of the issue and shall order arbitration if a valid and enforceable agreement is found to exist. If no such agreement exists, the court shall deny the application. 2. On application, the district court may stay an arbitration proceeding commenced or threatened on a showing that there is no valid and enforceable agreement to arbitrate. The issue, when in substantial and bona fide dispute, shall be tried and the stay ordered if a valid and enforceable agreement to arbitrate does not exist. If an agreement is found to exist, the court shall order the parties to proceed to arbitration. 3. If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a district court, the application shall be made to that court. Otherwise, the application may be made in a district court as provided in section 679A.16. 4. An action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application for an order to arbitrate has been made under this section or, if the issue is severable, the stay may be made with respect to the part of the issue which is subject to arbitration only. When the application is made in such an action or proceeding, the order for arbitration shall include the stay. 5. An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or because any fault or grounds for the claim sought to be arbitrated have not been shown.

         Section History: Early Form

         [C51, § 2102; R60, § 3679; C73, § 3419; C97, § 4388; C24, 27, 31,
      35, 39, § 12698; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.4; 81 Acts, ch 202, § 2] 

         Section History: Recent Form

         C83, § 679A.2
         Referred to in § 679A.12, 679A.17
        

679A.3 APPOINTMENT OF ARBITRATORS BY DISTRICT COURT. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence of a method of appointing, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and a successor has not been appointed, the district court on application of a party shall appoint one or more arbitrators. An arbitrator appointed by the district court has the same powers as an arbitrator specifically named in the agreement.

         Section History: Early Form


         [C97, § 4395; C24, 27, 31, 35, 39, § 12712; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 679.18; 81 Acts, ch 202, § 3] 

         Section History: Recent Form

         C83, § 679A.3
         Referred to in § 679A.12
        

679A.4 MAJORITY ACTION BY ARBITRATORS. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.

         Section History: Early Form

         [81 Acts, ch 202, § 4]
        

679A.5 HEARING. Unless otherwise provided by the agreement: 1. The arbitrators shall determine a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives the notice. The arbitrators may adjourn the hearing as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award. The arbitrators may hear and determine the controversy upon the evidence produced even if a party duly notified fails to appear. 2. The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. 3. The hearing shall be conducted by all the arbitrators. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators may continue with the hearing and determination of the controversy.

         Section History: Early Form

         [C51, § 2105; R60, § 3682; C73, § 3422; C97, § 4391; C24, 27, 31,
      35, 39, § 12701; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.7; 81 Acts, ch 202, § 5] 

         Section History: Recent Form

         C83, § 679A.5
         Referred to in § 679A.12
        

679A.6 REPRESENTATION BY ATTORNEY. A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver of this right before the proceeding or hearing is ineffective.

         Section History: Early Form

         [81 Acts, ch 202, § 6]
        

679A.7 WITNESSES, SUBPOENAS, DEPOSITIONS. 1. The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and may administer oaths. Subpoenas shall be served, and upon application to the district court by a party or the arbitrators, enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action. 2. On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. 3. All provisions of the law compelling a person under subpoena to testify are applicable. 4. Unless otherwise agreed, fees for attendance as a witness shall be the same as for a witness in the district court.

         Section History: Early Form

         [C51, § 2103; R60, § 3680; C73, § 3420; C97, § 4389; C24, 27, 31,
      35, 39, § 12699; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.5; 81 Acts, ch 202, § 7] 

         Section History: Recent Form

         C83, § 679A.7
        

679A.8 AWARD. 1. The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally, by registered mail, or as provided in the agreement. 2. A party waives the objection that an award was not made within the proper time unless the party notifies the arbitrators of the party's objection before the award is received. 3. Unless otherwise agreed, an award shall be made within thirty days after the arbitration hearing.

         Section History: Early Form

         [C51, § 2106--2108; R60, § 3683--3685; C73, § 3423--3425; C97, §
      4392--4394; C24, 27, 31, 35, 39, § 12702--12704; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 679.8--679.10; 81 Acts, ch 202, §
      8] 

         Section History: Recent Form

         C83, § 679A.8
        

679A.9 CHANGE OF AWARD BY ARBITRATORS. On application of a party or, if an application to the district court is pending under sections 679A.11 to 679A.13, on submission to the arbitrators by the district court under the conditions the district court orders, the arbitrators may modify or correct the award upon the grounds stated in section 679A.13, subsection 1, paragraphs "a" and "c", or for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice of the application shall be given to the opposing party, stating that the opposing party must serve any objections to the application within ten days from the notice. The modified or corrected award is subject to sections 679A.11 to 679A.13.

         Section History: Early Form

         [C51, § 2110; R60, § 3687; C73, § 3427; C97, § 4397; C24, 27, 31,
      35, 39, § 12706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.12; 81 Acts, ch 202, § 9] 

         Section History: Recent Form

         C83, § 679A.9
        

679A.10 FEES AND EXPENSES OF ARBITRATION. Unless otherwise provided in the agreement to arbitrate, and except for counsel fees, the arbitrators' expenses and fees and any other expenses incurred in the conduct of the arbitration shall be paid as provided in the award.

         Section History: Early Form

         [C51, § 2114; R60, § 3691; C73, § 3834; C97, § 3873; C24, 27, 31,
      35, 39, § 12711; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.17; 81 Acts, ch 202, § 10] 

         Section History: Recent Form

         C83, § 679A.10
         87 Acts, ch 115, §81
        

679A.11 CONFIRMATION OF AN AWARD. Upon application of a party, the district court shall confirm an award, unless within the time limits imposed under sections 679A.12 and 679A.13 grounds are urged for vacating, modifying, or correcting the award, in which case the district court shall proceed as provided in sections 679A.12 and 679A.13.

         Section History: Early Form

         [81 Acts, ch 202, § 11]
         Referred to in § 679A.9
        

679A.12 VACATING AN AWARD. 1. Upon application of a party, the district court shall vacate an award if any of the following apply: a. The award was procured by corruption, fraud, or other illegal means. b. There was evident partiality by an arbitrator appointed as a neutral, corruption in any of the arbitrators, or misconduct prejudicing the rights of a party. c. The arbitrators exceeded their powers. d. The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or conducted the hearing contrary to the provisions of section 679A.5, in a manner which prejudiced substantially the rights of a party. e. There was no arbitration agreement, the issue was not adversely determined in proceedings under section 679A.2, and the party did not participate in the arbitration hearing without raising the objection. f. Substantial evidence on the record as a whole does not support the award. The court shall not vacate an award on this ground if a party urging the vacation has not caused the arbitration proceedings to be reported, if the parties have agreed that a vacation shall not be made on this ground, or if the arbitration has been conducted under the auspices of the American arbitration association. 2. The fact that the relief awarded could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. 3. An application under this section shall be made within ninety days after delivery of a copy of the award to the applicant. However, if the application to vacate an award is predicated upon corruption, fraud, or other illegal means, it shall be made within ninety days after those grounds are known or should have been known. 4. In vacating the award on grounds other than stated in subsection 1, paragraph "e", the district court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence of a method in the agreement, by the district court in accordance with section 679A.3, or if the award is vacated on grounds set forth in subsection 1, paragraph "c" or "d" of this section, the district court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with section 679A.3. 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.

         Section History: Early Form

         [C51, § 2110; R60, § 3617; C73, § 3427; C97, § 4397; C24, 27, 31,
      35, 39, § 12706; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.12; 81 Acts, ch 202, § 12] 

         Section History: Recent Form

         C83, § 679A.12
         Referred to in § 679A.9, 679A.11
        

679A.13 MODIFICATION OR CORRECTION OF AWARD. 1. Upon application made within ninety days after delivery of a copy of the award to the applicant, the district court shall modify or correct the award if any of the following apply: a. There is an evident miscalculation of figures or an evident mistake in the description of a person, thing, or property referred to in the award. b. 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. c. The award is imperfect in a matter of form, not affecting the merits of the controversy. 2. If the application is granted, the district court shall modify and correct the award to effect its intent and shall confirm the award as modified and corrected.

         Section History: Early Form

         [81 Acts, ch 202, § 13]
         Referred to in § 679A.9, 679A.11
        

679A.14 JUDGMENT OR DECREE ON AWARD. Upon the granting of an order confirming, modifying, or correcting an award, a judgment or decree shall be entered in conformity with the order enforced as any other judgment or decree. Costs of the application and the subsequent proceedings and disbursements may be awarded by the district court.

         Section History: Early Form

         [C51, § 2111, 2113; R60, § 3688, 3690; C73, § 3428, 3430; C97, §
      4398, 4400; C24, 27, 31, 35, 39, § 12707, 12709; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, 79, 81, § 679.13, 679.15; 81 Acts, ch 202, §
      14] 

         Section History: Recent Form

         C83, § 679A.14
        

679A.15 APPLICATIONS TO DISTRICT COURT. Except as otherwise provided, an application to the district court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of civil procedure, for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by the Iowa rules of civil procedure for the service of original notice in an action.

         Section History: Early Form

         [81 Acts, ch 202, § 15]
        

679A.16 VENUE. An initial application shall be made to the district court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the district court of the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the district court of any county. All subsequent applications shall be made to the district court hearing the initial application unless the district court otherwise directs.

         Section History: Early Form

         [81 Acts, ch 202, § 16]
         Referred to in § 679A.2
        

679A.17 APPEALS. 1. An appeal may be taken from: a. An order denying an application to compel arbitration made under section 679A.2. b. An order granting an application to stay arbitration made under section 679A.2, subsection 2. 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. f. A judgment or decree entered pursuant to the provisions of this chapter. 2. The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

         Section History: Early Form

         [C51, § 2112; R60, § 3689; C73, § 3429; C97, § 4399; C24, 27, 31,
      35, 39, § 12708; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 679.14; 81 Acts, ch 202, § 17] 

         Section History: Recent Form

         C83, § 679A.17
        

679A.18 CHAPTER NOT RETROACTIVE. This chapter applies only to arbitration agreements made on or after July 1, 1981. Sections 679.1 to 679.18, Code 1981, do not apply to agreements to arbitrate entered into after July 1, 1981.

         Section History: Early Form


         [81 Acts, ch 202, § 18]
        

679A.19 DISPUTES BETWEEN GOVERNMENTAL AGENCIES. Any litigation between administrative departments, commissions or boards of the state government is prohibited. All disputes between said governmental agencies shall be submitted to a board of arbitration of three members to be composed of two members to be appointed by the departments involved in the dispute and a third member to be appointed by the governor. The decision of the board shall be final.

         Section History: Early Form

         [C62, 66, 71, 73, 75, 77, 79, 81, § 679.19; 81 Acts, ch 202, § 19]
      

         Section History: Recent Form

         C83, § 679A.19
         Referred to in § 8A.202

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