2017 ORS 36.454¹
Application of ORS 36.450 to 36.558
  • when arbitration or conciliation agreement is international
  • validity of written agreements

(1) ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) apply to international commercial arbitration and conciliation, subject to any agreement in force between the United States of America and any other country or countries.

(2) The provisions of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title), except ORS 36.468 (Application to stay judicial proceedings and compel arbitration), 36.470 (Interim judicial relief), 36.522 (Enforcement of award) and 36.524 (Grounds for refusal to enforce award), apply only if the place of arbitration or conciliation is within the territory of the State of Oregon.

(3) An arbitration or conciliation agreement is international if any of the following applies:

(a) The parties to an arbitration or conciliation agreement have, at the time of the conclusion of that agreement, their places of business in different countries.

(b) One of the following places is situated outside the country in which the parties have their places of business:

(A) The place of arbitration or conciliation if determined in, or pursuant to, the arbitration or conciliation agreement.

(B) Any place where a substantial part of the obligations of the commercial relationship is to be performed.

(C) The place with which the subject matter of the dispute is most closely connected.

(c) The parties have expressly agreed that the subject matter of the arbitration or conciliation agreement relates to commercial interests in more than one country.

(d) The subject matter of the arbitration or conciliation agreement is otherwise related to commercial interests in more than one country.

(4) For the purposes of subsection (3) of this section:

(a) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration or conciliation agreement; or

(b) If a party does not have a place of business, reference is to be made to the habitual residence of the party.

(5) If a written agreement to submit an existing controversy to arbitration or a provision in a written contract to submit to arbitration a controversy thereafter arising between the parties qualifies for arbitration pursuant to this section, that written agreement or provision shall be valid, enforceable and irrevocable, save on such grounds as exist at law or in equity for the revocation of any contract.

(6) Except as provided in this subsection, ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) shall not affect any other law of the State of Oregon by virtue of which certain disputes may not be submitted to arbitration or conciliation or may be submitted to arbitration or conciliation only according to provisions other than those of ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title). ORS 36.450 (Definitions for ORS 36.450 to 36.558) to 36.558 (Short title) supersede ORS 36.100 (Policy for ORS 36.100 to 36.238) to 36.425 (Filing of decision and award) with respect to international commercial arbitration and conciliation. [1991 c.405 §3]

1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.