ARBITRATION / §5.2
XII.
(§4.12)
References
See CIVIL PROCEDURE; TIME COMPUTATIONS; APPEAL AND REVIEW (Oregon CLE 1993 & Supp 2002); THE ETHICAL OREGON LAWYER ch 24 (Oregon CLE 1991 & Supp 1998). ARBITRATION I.
(§5.1) A.
A party aggrieved by the other party’s failure to arbitrate under a written contract or submission providing for arbitration must petition the circuit court for an order directing the arbitration to proceed by giving 10 days’ written notice of the application to the other party. ORS 36.310.
B.
The award will be entered in the court clerk’s record as submitted after payment of $35 to the clerk.
C.
II.
8
General Provisions (ORS 36.300-36.365)
•
Copies of the award must be served on interested parties, and judgment will be entered as if the award is a jury verdict unless exceptions are filed against the award within 20 days after service of the award. ORS 36.350(1).
•
If the arbitrator’s award requires the payment of money (including costs and attorney fees), the award must be accompanied by a separate statement that contains the information required for money judgments in ORCP 70A(2)(a). ORS 36.350(2).
•
No exceptions or appearances will be deemed to be filed unless the fee of $35 for filing an exception to the award and the fee of $21 for filing an appearance to oppose the exception are paid to the clerk by the filing party. ORS 36.355(2).
A judgment will be entered and will have the effect of a default judgment if no objection is made to the entry of judgment after award. A judgment entered after objection is subject to appeal to the higher courts. ORS 36.365.
(§5.2)
Court Arbitration Program (ORS 36.400-36.425)
A.
The Oregon Rules of Civil Procedure apply until a case is referred to an arbitrator. UTCR 13.040(1)B(2).
B.
Once a case is referred to an arbitrator, all pending motions not then resolved will be submitted to and determined by the arbitrator only. UTCR 13.040(3).
C.
Except by court order, cases will not be transferred to arbitration within 63 days of the set trial date. UTCR 13.050(1).