North Carolina § 1-569 - 1. Definitions.

§ 1-569. 1. Definitions.

The following definitions apply in this Article: "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. "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. "Court" means a court of competent jurisdiction in this State. "Knowledge" means actual knowledge. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. "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. History (2003-345, s. 2) Establishment of Arbitration and Mediation Program for N.C. Business Court. - Session Laws 2017-122, s. 1, provides: "In order to make North Carolina a leading jurisdiction for the resolution of business, commercial, financial, and other legal disputes, the Director of the Administrative Office of the Courts, in consultation with the Chief Justice of the Supreme Court, shall submit to the Speaker of the House of Representatives and the President Pro Tempore a report recommending whether and how to establish an arbitration program within the North Carolina Business Court, including how parties may make themselves subject to the jurisdiction of said program, required qualifications and trainings for arbitrators, and requirements for persons who may represent parties in arbitration proceedings before the Business Court. Such recommendations may include suggestions on the form of appeal for both binding and nonbinding arbitrations in cases arbitrated under such a proposal. The Director of the Administrative Office of the Courts or through the North Carolina Dispute Resolution Commission may also include recommendations for establishing a mediation program operated by the Business Court, including suggestions as to how parties may make themselves subject to the jurisdiction of said program, required qualifications for mediators, and for persons who may represent parties in mediation proceedings." Session Laws 2017-158, s. 26.6, provides: "In order to make North Carolina a leading jurisdiction for the resolution of business, commercial, financial, and other legal disputes, the Director of the Administrative Office of the Courts, in consultation with the Chief Justice of the Supreme Court, shall submit to the Speaker of the House of Representatives and the President Pro Tempore of the Senate a report recommending whether and how to establish an arbitration program within the North Carolina Business Court, including how parties may make themselves subject to the jurisdiction of said program, required qualifications and trainings for arbitrators, and requirements for persons who may represent parties in arbitration proceedings before the Business Court. Such recommendations may include suggestions on the form of appeal for both binding and nonbinding arbitrations in cases arbitrated under such a proposal. The Director of the Administrative Office of the Courts or through the North Carolina Dispute Resolution Commission may also include recommendations for establishing a mediation program operated by the Business Court, including suggestions as to how parties may make themselves subject to the jurisdiction of said program, required qualifications for mediators, and for persons who may represent parties in mediation proceedings." Editor's Note. - Session Laws 2003-345, s. 4, made this Article effective January 1, 2004, and applicable to agreements to arbitrate made on or after that date. Agreements to arbitrate made before January 1, 2004, shall be governed by Article 45A of Chapter 1 , subject to the provisions of G.S. 1-569.3(b) as enacted in this act [Session Laws 2003-345]. Session Laws 2003-345 repealed G.S. 1-567.1 to 1-567.20, the Uniform Arbitration Act, and added G.S. 1-569.1 et seq., the Revised Uniform Arbitration Act. Where applicable, the historical citations and case notes under the former sections have been transferred to the corresponding new sections. Cross References. - As to arbitration of labor disputes, see G.S. 95-36.1 et seq. Legal Periodicals. - For article, "Mediation and Arbitration of Separation and Divorce Agreements," see 15 Wake Forest L. Rev. 467 (1979). For comment on the enforceability of arbitration clauses in North Carolina separation agreements, see 15 Wake Forest L. Rev. 487 (1979). For survey of 1980 constitutional law, see 59 N.C.L. Rev. 1088 (1981). For note discussing arbitration of domestic cases, see 4 Campbell L. Rev. 203 (1981). For note on arbitration and punitive damages, in light of Rodgers Builders, Inc. v. McQueen, 76 N.C. App. 16, 331 S.E.2d 726 (1985), cert. denied, 315 N.C. 590 , 341 S.E.2d 29 (1986), see 64 N.C.L. Rev. 1145 (1986). For article, "Court-Ordered Arbitration Comes to North Carolina and the Nation," see 21 Wake Forest L. Rev. 901 (1986). For survey of North Carolina construction law, with particular reference to arbitration, see 21 Wake Forest L. Rev. 633 (1986). For note, "No Frills Justice: North Carolina Experiments with Court-Ordered Arbitration," see 66 N.C.L. Rev. 395 (1988). For article, "Arbitration and Constitutional Rights," see 71 N.C.L. Rev. 81 (1992). For comment, "The Road Not Often Taken: Alternative Dispute Resolution for Common Interest Communities in North Carolina," see 30 Campbell L. Rev. 315 (2008). For article, "Conspiracy to Arbitrate," see 96 N.C.L. Rev. 381 (2018).