2015 ORS 36.600¹
Definitions

As used in ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act):

(1) "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and initiates, sponsors or administers 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 a circuit court.

(4) "Knowledge" means actual knowledge.

(5) "Person" means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation or any other legal or commercial entity.

(6) "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. [2003 c.598 §1; 2009 c.294 §3]

Note: Sections 3 and 31, chapter 598, Oregon Laws 2003, provide:

Sec. 3. (1) Sections 1 to 30 of this 2003 Act [36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act)] govern an agreement to arbitrate made on or after the effective date of this 2003 Act [January 1, 2004].

(2) Sections 1 to 30 of this 2003 Act govern an agreement to arbitrate made before the effective date of this 2003 Act if all the parties to the agreement or to the arbitration proceeding so agree in a record.

(3) On or after September 1, 2004, sections 1 to 30 of this 2003 Act govern an agreement to arbitrate whenever made. [2003 c.598 §3]

Sec. 31. ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) do not affect an action or proceeding commenced or right accrued before January 1, 2004. Subject to section 3, chapter 598, Oregon Laws 2003, an arbitration agreement made before January 1, 2004, continues to be governed by ORS 36.300 to 36.365 as though those sections were not repealed by section 57, chapter 598, Oregon Laws 2003. [2003 c.598 §31; 2005 c.22 §30]

Note: 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 36 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Uniform Arbitra­tion Act applies to ac­tions filed on or after January 1, 2004, re­gard­ing agree­ment to arbitrate, regardless of date of agree­ment. Martin v. Comcast of California, 209 Or App 82, 146 P3d 380 (2006)

Uniform Arbitra­tion Act applies to any arbitra­tion agree­ment regardless of when arbitrating parties entered into agree­ment. Jeld-Wen, Inc. v. PacifiCorp, 240 Or App 124, 245 P3d 685 (2010)


1 Legislative Counsel Committee, CHAPTER 36—Mediation and Arbitration, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 36, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano036.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.