Setting aside award
- • grounds
- • time for application
- • circuit court fees
(1) Recourse to a court against an arbitral award may only be by an application for setting aside in accordance with subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the circuit court only if:
(a) The party making application furnishes proof that:
(A) A party to the arbitration agreement referred to in ORS 36.466 (Arbitration agreements to be in writing) was under some incapacity or that the agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the laws of the State of Oregon or the United States;
(B) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present the party’s case;
(C) The award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters not submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or
(D) The composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) from which the parties cannot derogate, or, failing such agreement, was not in accordance with ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title); or
(b) The circuit court finds that:
(A) The subject matter of the dispute is not capable of settlement by arbitration under the laws of the State of Oregon or of the United States; or
(B) The award is in conflict with the public policy of the State of Oregon or of the United States.
(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the award or, if a request had been made under ORS 36.518 (Correction of errors in award), from the date on which that request had been disposed of by the arbitral tribunal.
(4) The circuit court, when asked to set aside an arbitral award, may, where appropriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside.
(5) The clerk of the circuit court shall collect from the party making application for setting aside under subsection (1) of this section a filing fee of $39 and from a party filing an appearance in opposition to the application a filing fee of $39. However, if the application relates to an arbitral award made following an application or request to a circuit court under any section of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) in respect to which the parties have paid filing fees under ORS 21.110 (Filing and appearance fees in circuit court), filing fees shall not be collected under this subsection. An application for setting aside or an appearance in opposition thereto shall not be deemed filed unless the fee required by this subsection is paid by the filing party. [1991 c.405 §37; 1993 c.244 §13; 1997 c.801 §55; 2003 c.737 §§41,42; 2005 c.702 §§41,42,43; 2007 c.860 §5]
Note: Section 15 (11), chapter 860, Oregon Laws 2007, provides:
Sec. 15. (11) In addition to the fees provided for in ORS 36.520 (Setting aside award) (5), for the period commencing September 1, 2007, and ending June 30, 2009, the clerk of the circuit court shall collect from the party making application for setting aside under ORS 36.520 (Setting aside award) (1) a surcharge of $2 and from a party filing an appearance in opposition to the application a surcharge of $1. [2007 c.860 §15(11)]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.