title: RCW 69.77.080

text:
(1) Chapter 212, Laws of 2017 does not create a private right of action.
(2) A health care practitioner does not commit unprofessional conduct under RCW 18.130.180 and does not violate the applicable standard of care by:
(a) Obtaining an investigational product pursuant to this chapter;
(b) Refusing to recommend, request, prescribe, or otherwise provide an investigational product pursuant to this chapter;
(c) Administering an investigational product to an eligible patient pursuant to this chapter; or
(d) Treating an eligible patient with an investigational product pursuant to this chapter.
(3) The following persons and entities are immune from civil or criminal liability and administrative actions arising out of treatment of an eligible patient with an investigational product, other than acts or omissions constituting gross negligence or willful or wanton misconduct:
(a) A health care practitioner who recommends or requests an investigational product for an eligible patient in compliance with this chapter;
(b) A health care practitioner who refuses to recommend or request an investigational product for a patient seeking access to an investigational product;
(c) A manufacturer that provides an investigational product to a health care practitioner in compliance with this chapter;
(d) A hospital or health care facility where an investigational product is either administered or provided to an eligible patient in compliance with this chapter; and
(e) A hospital or health care facility that does not allow a health care practitioner to provide treatment with an investigational product or enforces a policy it has adopted regarding treating, administering, or providing care with an investigational product.
[ 2017 c 212 s 8.]

catchline: Private right of action—Unprofessional conduct—Immunity from civil or criminal liability.


doc_type: statute

jurisdiction: wa

title: RCW 69.77.090

text:
The pharmacy quality assurance commission may adopt rules necessary to implement this chapter.
[ 2017 c 212 s 9.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Pharmacy quality assurance commission may adopt rules.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 69.78.010

text:
(1) The legislature finds that controlled clinical trials provide a critical base of evidence for evaluating whether a medical product is safe and effective before the product is approved for marketing. The United States food and drug administration has evaluated demographic profiles of people participating in clinical trials for approved drugs and found that some groups, especially ethnic and racial groups, are not always well represented in clinical trials. Diversity in clinical trials is necessary to effectively determine how race, gender, and age impact how a person metabolizes a drug. Communities of color have been working diligently to establish a foundation of trust with government and clinical research with the goal of engaging more trial participants who are members of underrepresented demographic groups. Joining clinical trials is a difficult and complex process and the lack of trust and awareness of clinical trials and research, in addition to burdens related to transportation, geography, and access, limit trial participants. The lack of diversity in clinical trials compounds access to treatment disparities and limits our understanding of the impacts of studied interventions and conditions across the population.
(2) Therefore, it is the policy of the state to:
(a) Improve the completeness and quality of data concerning diverse demographic groups that is collected, reported, and analyzed for the purposes of clinical trials of drugs and medical devices;
(b) Identify barriers to participation in clinical trials by persons who are members of demographic groups that are underrepresented in such trials and employ strategies recognized by the United States food and drug administration to encourage greater participation in clinical trials by such persons;
(c) Make data concerning demographic groups that is collected, reported, and analyzed for the purposes of clinical trials more available and transparent; and
(d) Require certain entities conducting clinical trials to offer trial participants information in a language other than English and provide culturally specific recruitment materials alongside general enrollment materials.
[ 2023 c 426 s 1.]

catchline: Finding—Policy.


title: RCW 69.78.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Washington state review board" or "review board" means the Washington state institutional review board, established pursuant to 45 C.F.R. Part 46, which is the designated institutional review board for the department of social and health services, the department of health, the department of labor and industries, and other state agencies.
(2) "Underrepresented community" or "underrepresented demographic group" means a community or demographic group that is more likely to be historically marginalized and less likely to be included in research and clinical trials represented by race, sex, sexual orientation, socioeconomic status, age, and geographic location.
[ 2023 c 426 s 2.]

catchline: Definitions.


title: RCW 69.78.030

text:
The Washington state review board shall establish a diversity in clinical trials program to encourage participation in clinical trials of drugs and medical devices by persons who are members of demographic groups that are underrepresented in clinical trials. In developing this program, the review board shall compile and share information and resources in an accessible fashion to assist entities in Washington state that conduct clinical trials of drugs and medical devices to increase participation by persons who are members of demographic groups that are underrepresented in clinical trials including, but not limited to:
(1) Information concerning methods for identifying and recruiting persons who are members of underrepresented demographic groups to participate in clinical trials;
(2) Links or copies of outside resources related to increasing participation by members of underrepresented demographic groups in clinical trials provided by community organizations or other interested agencies or parties;
(3) Contact information for community organizations or other appropriate entities which may be able to provide assistance with efforts to increase participation by underrepresented demographic groups in clinical trials; and
(4) Links to websites maintained by medical facilities, health authorities, and other local governmental entities, nonprofit organizations, and scientific investigators and institutions that are performing research relating to drugs or medical devices in this state.
[ 2023 c 426 s 3.]

catchline: Diversity in clinical trials program.


title: RCW 69.78.040

text:
Any state entity or hospital that receives funding from the national institutes of health to conduct clinical trials of drugs or medical devices shall:
(1) Adopt a policy concerning the identification and recruitment of persons who are members of underrepresented demographic groups to participate in clinical trials. This policy must include requirements that investigators who are conducting clinical trials collaborate with community-based organizations and use methods recognized by the United States food and drug administration to identify and recruit such persons to participate in those clinical trials;
(2) Provide information to trial participants in languages other than English;
(3) Provide translation services or bilingual staff for trial screening;
(4) Provide culturally specific recruitment materials alongside general enrollment materials; and
(5) Provide electronic consent when not prohibited by the granting entity or federal regulations.
[ 2023 c 426 s 4.]

catchline: Requirements for state entities or hospitals conducting clinical trials.


title: RCW 69.80.010

text:
The purpose of this chapter is to promote the free distribution of food to needy persons, prevent waste of food products, and provide liability protection for persons and organizations donating or distributing such food products.
[ 1983 c 241 s 1.]

catchline: Purpose.


title: RCW 69.80.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Distributing organization" means a charitable nonprofit organization under section 501(c) of the federal internal revenue code which distributes food free of charge and includes any nonprofit organization that distributes food free of charge to other nonprofit organizations or to the public.
(2) "Donor" means a person, corporation, association, or other organization which donates food to a distributing organization. "Donor" includes, but is not limited to, farmers, processors, distributors, wholesalers, and retailers of food. "Donor" also includes persons who harvest agricultural crops or perishable foods which have been donated by the owner to a distributing organization.
(3) "Food" means food products for human consumption as defined in RCW 69.04.008.
[ 1983 c 241 s 2.]


title: RCW 69.80.031

text:
(1) This section may be cited as the "good samaritan food donation act."
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Apparently fit grocery product" means a grocery product that meets safety and safety-related labeling standards imposed by federal, state, and local laws and regulations even though the product may not be readily marketable due to appearance, age, freshness, grade, size, surplus, passage of a date on a date label other than a safety or safety-related labeling of a date, or other conditions.
(b) "Apparently wholesome food" means food that meets safety and safety-related labeling standards imposed by federal, state, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, passage of a date on a date label other than a safety or safety-related labeling of a date, or other conditions.
(c) "Donate" means to give without requiring anything of monetary value from the recipient, except that the term shall include giving by a nonprofit organization to another nonprofit organization, notwithstanding that the donor organization has charged a nominal fee to the donee organization, if the ultimate recipient or user is not required to give anything of monetary value.
(d) "Food" means a raw, cooked, processed, or prepared edible substance, ice, beverage, or ingredient used or intended for use in whole or in part for human consumption.
(e) "Gleaner" means a person who harvests for free distribution to the needy, or for donation to a nonprofit organization for ultimate distribution to the needy, an agricultural crop that has been donated by the owner.
(f) "Grocery product" means a nonfood grocery product, including a disposable paper or plastic product, household cleaning product, laundry detergent, cleaning product, or miscellaneous household item.
(g) "Gross negligence" means voluntary and conscious conduct by a person with knowledge, at the time of the conduct, that the conduct is likely to be harmful to the health or well-being of another person.
(h) "Intentional misconduct" means conduct by a person with knowledge, at the time of the conduct, that the conduct is harmful to the health or well-being of another person.
(i) "Nonprofit organization" means an incorporated or unincorporated entity that:
(i) Is operating for religious, charitable, or educational purposes; and
(ii) Does not provide net earnings to, or operate in any other manner that inures to the benefit of, any officer, employee, or shareholder of the entity.
(j) "Person" means an individual, corporation, partnership, organization, association, or governmental entity, including a retail grocer, wholesaler, hotel, motel, manufacturer, restaurant, caterer, farmer, and nonprofit food distributor or hospital. In the case of a corporation, partnership, organization, association, or governmental entity, the term includes an officer, director, partner, deacon, trustee, councilmember, or other elected or appointed individual responsible for the governance of the entity.
(k) "Qualified direct donor" means any person required to obtain a food establishment permit under chapter 246-215 WAC, as it existed as of January 1, 2022, including a retail grocer, wholesaler, agricultural producer, restaurant, caterer, school food authority, or institution of higher education as defined in RCW 28B.10.016.
(l)(i) "Safety and safety-related labeling" means a marking intended to communicate information to a consumer related to a food product's safety. "Safety and safety-related labeling" includes any marking that federal or state law requires to be affixed to a food product including, but not limited to, markings placed on infant formula consistent with 21 C.F.R. Sec. 107.20, as that regulation existed as of January 1, 2021.
(ii) "Safety and safety-related labeling" does not include a pull date required to be placed on perishable packaged food under RCW 15.130.300 or a "best by," "best if used by," "use by," or "sell by" date or similarly phrased date intended to communicate information to a consumer regarding the freshness or quality of a food product.
(3)(a) A person or gleaner is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the person or gleaner donates in good faith to a nonprofit organization for ultimate distribution to needy individuals, except that this subsection does not apply to an injury to or death of an ultimate user or recipient of the food or grocery product that results from an act or omission of the donor constituting gross negligence or intentional misconduct.
(b) A qualified direct donor may donate food directly to end recipients for consumption. A qualified direct donor is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of apparently wholesome food or an apparently fit grocery product that the qualified direct donor donates in good faith to a needy individual. The donation of nonperishable food that is fit for human consumption, but that has exceeded the labeled shelf-life date recommended by the manufacturer, is an activity covered by the exclusion from civil or criminal liability under this section.
(c) The donation of perishable food that is fit for human consumption, but that has exceeded the labeled shelf-life date recommended by the manufacturer, is an activity covered by the exclusion from civil or criminal liability under this section if the person that distributes the food to the end recipient makes a good faith evaluation that the food to be donated is wholesome.
(4) A person who allows the collection or gleaning of donations on property owned or occupied by the person by gleaners, or paid or unpaid representatives of a nonprofit organization, for ultimate distribution to needy individuals is not subject to civil or criminal liability that arises due to the injury or death of the gleaner or representative, except that this subsection does not apply to an injury or death that results from an act or omission of the person constituting gross negligence or intentional misconduct.
(5) If some or all of the donated food and grocery products do not meet safety and safety-related labeling standards imposed by federal, state, and local laws and regulations, the person or gleaner who donates the food and grocery products is not subject to civil or criminal liability in accordance with this section if the nonprofit organization or other end recipient that receives the donated food or grocery products:
(a) Is informed by the donor of the distressed or defective condition of the donated food or grocery products;
(b) Agrees to recondition the donated food or grocery products to comply with all the safety and safety-related labeling standards prior to distribution; and
(c) Is knowledgeable of the standards to properly recondition the donated food or grocery product.
(6) This section may not be construed to create liability.
[ 2022 c 180 s 301; 1994 c 299 s 36.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.

catchline: Good samaritan food donation act—Definitions—Collecting, distributing, gleaning—Liability.


title: RCW 69.80.040

text:
The department of agriculture shall maintain an information and referral service for persons and organizations that have notified the department of their desire to participate in the food donation program under this chapter. The department must coordinate with the department of ecology to ensure that the information and referral service required under this section is implemented in a manner consistent with the activities of RCW 70A.207.020 and 70A.205.550.
[ 2022 c 180 s 404; 1983 c 241 s 4.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Information and referral service for food donation program.


title: RCW 69.80.050

text:
(1) Appropriate state and local agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of food items.
(2) To facilitate the free distribution of food to needy persons, the local health officer, upon request from either a donor or distributing organization, may grant a variance to chapter 246-215 WAC covering physical facilities, equipment standards, and food source requirements when no known or expected health hazard would exist as a result of the action.
[ 2002 c 217 s 3; 1983 c 241 s 6.]
Notes:
Effective date—2002 c 217 s 3: "Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [ 2002 c 217 s 4.]
Finding—Purpose—2002 c 217: "The legislature finds and declares that the distribution of food by donors to charitable organizations, such as shelters, churches, and fraternal organizations, serving communal meals to needy individuals can be done safely consistent with rules and recommended health and safety guidelines. The establishment of recommended donor guidelines by the department of health can educate the public about the preparation and handling of food donated to charitable organizations for distribution to homeless and other needy people. The purpose of this act is to authorize and facilitate the donation of food to needy persons in accordance with health and safety guidelines and rules, to assure that the donated food will not place needy recipients at risk, and to encourage businesses and individuals to donate surplus food to charitable organizations serving our state's needy population." [ 2002 c 217 s 1.]

catchline: Inspection of donated food by state and local agencies—Variance.


title: RCW 69.80.060

text:
(1) No later than December 31, 2004, the state board of health shall promulgate rules for the safe receipt, preparation, and handling by distributing organizations of food accepted from donors in order to facilitate the donation of food, free of charge, and to protect the health and safety of needy people.
(2) No later than December 31, 2004, the department of health, in consultation with the state board of health, shall develop educational materials for donors containing recommended health and safety guidelines for the preparation and handling of food donated to distributing organizations.
[ 2002 c 217 s 2.]
Notes:
Finding—Purpose—2002 c 217: See note following RCW 69.80.050.

catchline: Safe receipt, preparation, and handling of donated food—Rules—Educational materials.


title: RCW 69.80.900

text:
Nothing in this chapter may be construed to create any liability of, or penalty against a donor or distributing organization except as provided in RCW 69.80.031.
[ 1994 c 299 s 38; 1983 c 241 s 5.]
Notes:
Intent—Finding—Severability—Conflict with federal requirements—1994 c 299: See notes following RCW 74.12.400.

catchline: Construction.


title: RCW 69.90.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Food product" includes any article other than drugs, whether in raw or prepared form, liquid or solid, or packaged or unpackaged, and which is used for human consumption.
(2) "Kosher" means a food product which has been prepared, processed, manufactured, maintained, and sold in accordance with the requisites of traditional Jewish dietary law.
(3) "Person" includes individuals, partnerships, corporations, and associations.
[ 1985 c 127 s 2.]


title: RCW 69.90.020

text:
(1) No person may knowingly sell or offer for sale any food product represented as "kosher" or "kosher style" when that person knows that the food product is not kosher and when the representation is likely to cause a prospective purchaser to believe that it is kosher. Such a representation can be made orally or in writing, or by display of a sign, mark, insignia, or simulation.
(2) A person violating this section is guilty of a gross misdemeanor.
[ 2003 c 53 s 349; 1985 c 127 s 3.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Sale of "kosher" and "kosher style" food products prohibited if not kosher—Representations—Penalty.


title: RCW 69.90.030

text:
A violation of this chapter shall constitute a violation of the consumer protection act, chapter 19.86 RCW.
[ 1985 c 127 s 4.]

catchline: Violation of chapter is violation of consumer protection act.


title: RCW 69.90.900

text:
This chapter shall be known as the sale of kosher food products act of 1985.
[ 1985 c 127 s 1.]

catchline: Short title.


title: RCW 69.91.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Food product" includes any article other than drugs, whether in raw or prepared form, liquid or solid, or packaged or unpackaged, and that is used for human consumption.
(2) "Halal" means a food product prepared, processed, and maintained in strict accordance with the requisites of Islamic principles and customs including, but not limited to, the slaughter of an animal and preparation thereof for human consumption.
(3) "Person" includes individuals, partnerships, corporations, and associations.
[ 2024 c 245 s 1.]


title: RCW 69.91.020

text:
No person may knowingly sell or offer for sale any food product marked, stamped, tagged, branded, labeled, or represented as halal when that person knows that the food product is not halal and when the representation is likely to cause a prospective purchaser to believe that it is halal. Such a representation may be made in any language, orally or in writing, or by display of a sign, mark, insignia, or simulation.
[ 2024 c 245 s 2.]

catchline: Sale of "halal" food products prohibited if not halal—Representations.


title: RCW 69.91.030

text:
(1) A person who violates this chapter is guilty of a gross misdemeanor.
(2) A violation of this chapter constitutes a violation of the consumer protection act, chapter 19.86 RCW.
[ 2024 c 245 s 3.]

catchline: Penalty—Violation of chapter is violation of the consumer protection act.


title: RCW 69.91.900

text:
This chapter may be known and cited as the halal food consumer protection act.
[ 2024 c 245 s 4.]


title: RCW 7.04A.010

text:
The definitions set forth in this section apply throughout this chapter.
(1) "Arbitration organization" means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arbitrators.
(2) "Arbitrator" means an individual appointed to render an award in a controversy between persons who are parties to an agreement to arbitrate.
(3) "Authenticate" means:
(a) To sign; or
(b) To execute or adopt a record by attaching to or logically associating with the record, an electronic sound, symbol, or process with the intent to sign the record.
(4) "Court" means a court of competent jurisdiction in this state.
(5) "Knowledge" means actual knowledge.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(7) "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.
[ 2005 c 433 s 1.]


title: RCW 7.04A.020

text:
Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. A person has notice if the person has knowledge of the notice or has received notice. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.
[ 2005 c 433 s 2.]

catchline: Notice.


title: RCW 7.04A.030

text:
(1) Before July 1, 2006, this chapter governs agreements to arbitrate entered into:
(a) On or after January 1, 2006; and
(b) Before January 1, 2006, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by this chapter.
(2) On or after July 1, 2006, this chapter governs agreements to arbitrate even if the arbitration agreement was entered into before January 1, 2006.
(3) This chapter does not apply to any arbitration governed by chapter 7.06 RCW.
(4) This chapter does not apply to any arbitration agreement between employers and employees or between employers and associations of employees.
[ 2005 c 433 s 3.]

catchline: When chapter applies.


title: RCW 7.04A.040

text:
(1) Except as otherwise provided in subsections (2) and (3) of this section, the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of this chapter to the extent permitted by law.
(2) Before a controversy arises that is subject to an agreement to arbitrate, the parties to the agreement may not:
(a) Waive or vary the requirements of RCW 7.04A.050(1), 7.04A.060(1), 7.04A.080, 7.04A.170 (1) or (2), 7.04A.260, or 7.04A.280;
(b) Unreasonably restrict the right under RCW 7.04A.090 to notice of the initiation of an arbitration proceeding;
(c) Unreasonably restrict the right under RCW 7.04A.120 to disclosure of any facts by a neutral arbitrator; or
(d) Waive the right under RCW 7.04A.160 of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter.
(3) The parties to an agreement to arbitrate may not waive or vary the requirements of this section or RCW 7.04A.030 (1)(a) or (2), 7.04A.070, 7.04A.140, 7.04A.180, 7.04A.200 (3) or (4), 7.04A.220, 7.04A.230, 7.04A.240, 7.04A.250 (1) or (2), 7.04A.901, 7.04A.903, section 50, chapter 433, Laws of 2005, or section 51, chapter 433, Laws of 2005.
[ 2005 c 433 s 4.]

catchline: Effect of agreement to arbitrate—Nonwaivable provisions.


title: RCW 7.04A.050

text:
(1) Except as otherwise provided in RCW 7.04A.280, an application for judicial relief under this chapter must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.
(2) Notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action unless a civil action is already pending involving the agreement to arbitrate.
[ 2005 c 433 s 5.]

catchline: Application to court.


title: RCW 7.04A.060

text:
(1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.
(2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
[ 2005 c 433 s 6.]

catchline: Validity of agreement to arbitrate.


title: RCW 7.04A.070

text:
(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(3) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(4) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise a motion under this section may be filed in any court as required by RCW 7.04A.270.
(5) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(6) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.
[ 2005 c 433 s 7.]

catchline: Motion to compel or stay arbitration.


title: RCW 7.04A.080

text:
(1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
(2) After an arbitrator is appointed and is authorized and able to act, the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or if the arbitrator cannot provide an adequate remedy.
(3) A motion to a court for a provisional remedy under subsection (1) or (2) of this section does not waive any right of arbitration.
[ 2005 c 433 s 8.]

catchline: Provisional remedies.


title: RCW 7.04A.090

text:
(1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by service as authorized for the initiation of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(2) Unless a person interposes an objection as to lack or insufficiency of notice under RCW 7.04A.150(3) not later than the commencement of the arbitration hearing, the person's appearance at the hearing waives any objection to lack of or insufficiency of notice.
(3) A claim sought to be arbitrated is subject to the same limitations of time for the commencement of actions as if the claim had been asserted in a court.
[ 2013 c 92 s 1; 2005 c 433 s 9.]

catchline: Initiation of arbitration.


title: RCW 7.04A.100

text:
(1) Except as otherwise provided in subsection (3) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
(a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
(2) The court may order consolidation of separate arbitration proceedings as to certain claims and allow other claims to be resolved in separate arbitration proceedings.
(3) The court may not order consolidation of the claims of a party to an agreement to arbitrate that prohibits consolidation.
[ 2005 c 433 s 10.]

catchline: Consolidation of separate arbitration proceedings.


title: RCW 7.04A.110

text:
(1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.
(2) An arbitrator who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as a neutral arbitrator.
[ 2005 c 433 s 11.]

catchline: Appointment of arbitrator—Service as a neutral arbitrator.


title: RCW 7.04A.120

text:
(1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(a) A financial or personal interest in the outcome of the arbitration proceeding; and
(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, witnesses, or the other arbitrators.
(2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceedings and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the disclosure, the objection may be a ground to vacate the award under RCW 7.04A.230(1)(b).
(4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection of a party, an award may be vacated under RCW 7.04A.230(1)(b).
(5) An arbitrator appointed as a neutral who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under RCW 7.04A.230(1)(b).
(6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under RCW 7.04A.230(1)(b).
[ 2005 c 433 s 12.]

catchline: Disclosure by arbitrator.


title: RCW 7.04A.130

text:
If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.
[ 2005 c 433 s 13.]

catchline: Action by majority.


title: RCW 7.04A.140

text:
(1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2) The immunity afforded by this section supplements any other immunity.
(3) If an arbitrator does not make a disclosure required by RCW 7.04A.120, the nondisclosure does not cause a loss of immunity under this section.
(4) In any judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify or required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
(a) To the extent necessary to determine the claim of an arbitrator or an arbitration organization or a representative of the arbitration organization against a party to the arbitration proceeding; or
(b) If a party to the arbitration proceeding files a motion to vacate an award under RCW 7.04A.230(1) (a) or (b) and establishes prima facie that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator, an arbitration organization, or a representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is incompetent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorneys' fees and other reasonable expenses of litigation.
[ 2005 c 433 s 14.]

catchline: Immunity of arbitrator—Competency to testify—Attorneys' fees and costs.


title: RCW 7.04A.150

text:
(1) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and to determine the admissibility, relevance, materiality, and weight of any evidence.
(2) The arbitrator may decide a request for summary disposition of a claim or particular issue by agreement of all interested parties or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the arbitration proceeding and the other parties have a reasonable opportunity to respond.
(3) The arbitrator shall set a time and place for a hearing and give notice of the hearing not less than five days before the hearing. Unless a party to the arbitration proceeding interposes an objection to lack of or insufficiency of notice not later than the commencement of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to promptly conduct the hearing and render a timely decision.
(4) If an arbitrator orders a hearing under subsection (3) of this section, the parties to the arbitration proceeding are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(5) If there is more than one arbitrator, all of them shall conduct the hearing under subsection (3) of this section; however, a majority shall decide any issue and make a final award.
(6) If an arbitrator ceases, or is unable, to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with RCW 7.04A.110 to continue the hearing and to decide the controversy.
[ 2005 c 433 s 15.]

catchline: Arbitration process.


title: RCW 7.04A.160

text:
A party to an arbitration proceeding may be represented by a lawyer.
[ 2005 c 433 s 16.]

catchline: Representation by lawyer.


title: RCW 7.04A.170

text:
(1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
(2) On request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness, including a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under conditions determined by the arbitrator for use as evidence in order to make the proceeding fair, expeditious, and cost-effective.
(3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.
(4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, including the issuance of a subpoena for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and may take action against a party to the arbitration proceeding who does not comply to the extent permitted by law as if the controversy were the subject of a civil action in this state.
(5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure as if the controversy were the subject of a civil action in this state.
(6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
(7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court in order to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
[ 2005 c 433 s 17.]


title: RCW 7.04A.180

text:
If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under RCW 7.04A.190. The successful party may file a motion to the court for an expedited order to confirm the award under RCW 7.04A.220, in which case the court shall proceed summarily to decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award of the arbitrator under RCW 7.04A.230 and 7.04A.240.
[ 2005 c 433 s 18.]

catchline: Court enforcement of preaward ruling by arbitrator.


title: RCW 7.04A.190

text:
(1) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
[ 2005 c 433 s 19.]

catchline: Award.


title: RCW 7.04A.200

text:
(1) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:
(a) Upon the grounds stated in RCW 7.04A.240(1) (a) or (c);
(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) To clarify the award.
(2) A motion under subsection (1) of this section must be made and served on all parties within twenty days after the movant receives notice of the award.
(3) A party to the arbitration proceeding must serve any objections to the motion within ten days after receipt of the notice.
(4) If a motion to the court is pending under RCW 7.04A.220, 7.04A.230, or 7.04A.240, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(a) Upon the grounds stated in RCW 7.04A.240(1) (a) or (c);
(b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(c) To clarify the award.
(5) An award modified or corrected under this section is subject to RCW 7.04A.220, 7.04A.230, and 7.04A.240.
[ 2005 c 433 s 20.]

catchline: Change of award by arbitrator.


title: RCW 7.04A.210

text:
(1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized under the applicable law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(2) An arbitrator may award attorneys' fees and other reasonable expenses of arbitration if such an award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under RCW 7.04A.220 or for vacating an award under RCW 7.04A.230.
(4) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.
[ 2005 c 433 s 21.]

catchline: Remedies—Fees and expenses of arbitration proceeding.


title: RCW 7.04A.220

text:
After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected under RCW 7.04A.200 or 7.04A.240 or is vacated under RCW 7.04A.230.
[ 2005 c 433 s 22.]

catchline: Confirmation of award.


title: RCW 7.04A.230

text:
(1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:
(a) The award was procured by corruption, fraud, or other undue means;
(b) There was:
(i) Evident partiality by an arbitrator appointed as a neutral;
(ii) Corruption by an arbitrator; or
(iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to RCW 7.04A.150, so as to prejudice substantially the rights of a party to the arbitration proceeding;
(d) An arbitrator exceeded the arbitrator's powers;
(e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under RCW 7.04A.150(3) not later than the commencement of the arbitration hearing; or
(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(2) A motion under this section must be filed within ninety days after the movant receives notice of the award in a record under RCW 7.04A.190 or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under RCW 7.04A.200, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within ninety days after such a ground is known or by the exercise of reasonable care should have been known by the movant.
(3) In vacating an award on a ground other than that set forth in subsection (1)(e) of this section, the court may order a rehearing before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f) of this section, the court may order a rehearing before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in RCW 7.04A.190(2) for an award.
(4) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.
[ 2005 c 433 s 23.]

catchline: Vacating award.


title: RCW 7.04A.240

text:
(1) Upon motion filed within ninety days after the movant receives notice of the award in a record under RCW 7.04A.190 or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under RCW 7.04A.200, the court shall modify or correct the award if:
(a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
(b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
(c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
(2) If a motion filed under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.
(3) A motion to modify or correct an award under this section may be joined with a motion to vacate the award.
[ 2005 c 433 s 24.]

catchline: Modification or correction of award.


title: RCW 7.04A.250

text:
(1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
(2) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(3) On application of a prevailing party to a contested judicial proceeding under RCW 7.04A.220, 7.04A.230, or 7.04A.240, the court may add to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award, attorneys' fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.
[ 2005 c 433 s 25.]

catchline: Judgment on award—Attorneys' fees and litigation expenses.


title: RCW 7.04A.260

text:
(1) A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate.
(2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.
[ 2005 c 433 s 26.]

catchline: Jurisdiction.


title: RCW 7.04A.270

text:
A motion under RCW 7.04A.050 must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be filed in the court hearing the initial motion unless the court otherwise directs.
[ 2005 c 433 s 27.]

catchline: Venue.


title: RCW 7.04A.280

text:
(1) An appeal may be taken from:
(a) An order denying a motion to compel arbitration;
(b) An order granting a motion to stay arbitration;
(c) An order confirming or denying confirmation of an award;
(d) An order modifying or correcting an award;
(e) An order vacating an award without directing a rehearing; or
(f) A final judgment entered under this chapter.
(2) An appeal under this section must be taken as from an order or a judgment in a civil action.
[ 2005 c 433 s 28.]

catchline: Appeals.


title: RCW 7.04A.290

text:
The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the electronic signatures in global and national commerce act.
[ 2005 c 433 s 32.]

catchline: Relationship to electronic signatures in global and national commerce act.


title: RCW 7.04A.900

text:
This act takes effect January 1, 2006.
[ 2005 c 433 s 51.]

catchline: Effective date—2005 c 433.


title: RCW 7.04A.901

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2005 c 433 s 29.]

catchline: Uniformity of application and construction—2005 c 433.


title: RCW 7.04A.903

text:
This act does not affect an action or proceeding commenced or right accrued before January 1, 2006.
[ 2005 c 433 s 31.]

catchline: Savings—2005 c 433.


title: RCW 7.05.010

text:
(1) This chapter applies to international commercial arbitration, subject to any agreement between the United States and any other country or countries.
(2) The provisions of this chapter, except RCW 7.05.090, 7.05.100, 7.05.260, 7.05.270, 7.05.280, 7.05.460, and 7.05.470, apply only if the place of arbitration is in the territory of this state.
(3) An arbitration is international if:
(a) The parties to an arbitration 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 or countries in which the parties have their places of business:
(i) The place of arbitration if determined in, or pursuant to, the arbitration agreement; or
(ii) Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
(c) The parties have expressly agreed that the subject matter of the arbitration agreement relates to 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 agreement; and
(b) If a party does not have a place of business, reference is to be made to the party's habitual residence.
(5) This chapter shall not affect any other law of this state by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this chapter.
[ 2015 c 276 s 1.]

catchline: Scope of application.


title: RCW 7.05.020

text:
(1) For the purpose of this chapter:
(a) "Arbitration" means any arbitration whether or not administered by a permanent arbitral institution.
(b) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.
(c) "Commercial" means matters arising from all relationships of a commercial nature, whether contractual or not, including, but not limited to, any of the following transactions:
(i) A transaction for the supply or exchange of goods or services;
(ii) A distribution agreement;
(iii) A commercial representation or agency;
(iv) An exploitation agreement or concession;
(v) A joint venture or other related form of industrial or business cooperation;
(vi) The carriage of goods or passengers by air, sea, rail, or road;
(vii) Construction;
(viii) Insurance;
(ix) Licensing;
(x) Factoring;
(xi) Leasing;
(xii) Consulting;
(xiii) Engineering;
(xiv) Financing;
(xv) Banking;
(xvi) The transfer of data or technology;
(xvii) Intellectual or industrial property, including trademarks, patents, copyrights, and software programs; and
(xviii) Professional services.
(d) "Court" means a body or organ of the judicial system of this state.
(2) Where a provision of this chapter, except RCW 7.05.390, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
(3) Where a provision of this chapter refers to the fact that the parties have agreed, that they may agree, or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.
(4) Where a provision of this chapter, other than in RCW 7.05.360(1) and 7.05.430(2)(a), refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to such counterclaim.
[ 2015 c 276 s 2.]

catchline: Definitions and rules of interpretation.


title: RCW 7.05.030

text:
(1) In the interpretation of this chapter, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.
(2) Questions concerning matters governed by this chapter which are not expressly settled in it are to be settled in conformity with the general principles on which this chapter is based.
[ 2015 c 276 s 3.]

catchline: International origin and general principles.


title: RCW 7.05.040

text:
(1) Unless otherwise agreed by the parties:
(a) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at the addressee's place of business, habitual residence, or mailing address. If none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last-known place of business, habitual residence, or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; and
(b) The communication is deemed to have been received on the day it is so delivered.
(2) The provisions of this section do not apply to communications in court proceedings.
[ 2015 c 276 s 4.]

catchline: Receipt of written communications.


title: RCW 7.05.050

text:
A party who knows that any provision of this chapter from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating the party's objection to such noncompliance without undue delay or, if a time limit is provided therefore, within such period of time, shall be deemed to have waived the party's right to object.
[ 2015 c 276 s 5.]

catchline: Waiver of right to object.


title: RCW 7.05.060

text:
In matters governed by this chapter, no court shall intervene except where so provided in this chapter.
[ 2015 c 276 s 6.]

catchline: Extent of court intervention.


title: RCW 7.05.070

text:
(1) The functions referred to in RCW 7.05.120 (3) and (4), 7.05.140(3), 7.05.150, 7.05.170(3), and 7.05.450(2) shall be performed by the superior court of the county in which the agreement to arbitrate is to be performed or was made.
(2) If the arbitration agreement does not specify a county where the agreement to arbitrate is to be performed and the agreement was not made in any county in the state of Washington, the functions referred to in RCW 7.05.120 (3) and (4), 7.05.140(3), 7.05.150, 7.05.170(3), and 7.05.450(2) shall be performed in the county where any party to the court proceeding resides or has a place of business.
(3) In any case not covered by subsections (1) or (2) of this section, the functions referred to in RCW 7.05.120 (3) and (4), 7.05.140(3), 7.05.150, 7.05.170(3), and 7.05.450(2) shall be performed in any county in the state of Washington.
[ 2015 c 276 s 7.]

catchline: Court authority for certain functions of arbitration assistance and supervision.


title: RCW 7.05.080

text:
(1) For the purposes of this chapter, "arbitration agreement" is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
(2) The arbitration agreement shall be in writing.
(3) An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means.
(4) The requirement that an arbitration agreement be in writing is met by an electronic communication if the information contained therein is accessible so as to be useable for subsequent reference. For the purposes of this section, "electronic communication" means any communication that the parties make by means of data messages; and "data message" means information generated, sent, received, or stored by electronic, magnetic, optical, or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex, or telecopy.
(5) An arbitration agreement is in writing if it is contained in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other.
(6) The reference in a contract to any document containing an arbitration clause constitutes an arbitration agreement in writing, provided that the reference is such as to make that clause part of the contract.
[ 2015 c 276 s 8.]

catchline: Arbitration agreement—Definition and form.


title: RCW 7.05.090

text:
(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting the party's first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative, or incapable of being performed.
(2) Where an action referred to in subsection (1) of this section has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award made, while the issue is pending before the court.
[ 2015 c 276 s 9.]

catchline: Arbitration agreement—Substantive claim before court.


title: RCW 7.05.100

text:
It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.
[ 2015 c 276 s 10.]

catchline: Arbitration agreement—Interim measures by court.


title: RCW 7.05.110

text:
(1) The parties are free to determine the number of arbitrators.
(2) Failing such determination, the number of arbitrators shall be three.
(3) An arbitrator has the immunity of a judicial officer from civil liability when acting in the capacity of arbitrator under any statute or contract. The immunity afforded by this section shall supplement, and not supplant, any otherwise applicable common law or statutory immunity.
[ 2015 c 276 s 11.]

catchline: Number of arbitrators—Immunity.


title: RCW 7.05.120

text:
(1) No person shall be precluded by reason of the person's nationality from acting as an arbitrator, unless otherwise agreed by the parties.
(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of subsections (4) and (5) of this section.
(3) Failing such agreement:
(a) In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court specified in RCW 7.05.070; and
(b) In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in RCW 7.05.070.
(4) Where, under an appointment procedure agreed upon by the parties:
(a) A party fails to act as required under such procedure;
(b) The parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or
(c) A third party, including an institution, fails to perform any function entrusted to it under such procedure;
Any party may request the court specified in RCW 7.05.070 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
(5) A decision on a matter entrusted by subsection (3) or (4) of this section to the court specified in RCW 7.05.070 shall be subject to no appeal. The court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.
[ 2015 c 276 s 12.]

catchline: Appointment of arbitrators.


title: RCW 7.05.130

text:
(1) When a person is approached in connection with the person's possible appointment as an arbitrator, the person shall disclose any circumstances likely to give rise to justifiable doubts as to the person's impartiality or independence. An arbitrator, from the time of the arbitrator's appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by the arbitrator.
(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by the party, or in whose appointment the party has participated, only for reasons of which the party becomes aware after the appointment has been made.
[ 2015 c 276 s 13.]

catchline: Disclosure requirements—Grounds for challenge.


title: RCW 7.05.140

text:
(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3) of this section.
(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in RCW 7.05.130(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from the arbitrator's office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(3) If a challenge under any procedure agreed upon by the parties or under the procedure of subsection (2) of this section is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the court specified in RCW 7.05.070 to decide on the challenge, which decision shall be subject to no appeal. While such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
[ 2015 c 276 s 14.]

catchline: Challenge procedure.


title: RCW 7.05.150

text:
(1) If an arbitrator becomes de jure or de facto unable to perform the arbitrator's functions or for other reasons fails to act without undue delay, the arbitrator's mandate terminates if the arbitrator withdraws from the arbitrator's office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court specified in RCW 7.05.070 to decide on the termination of the mandate, which decision shall be subject to no appeal.
(2) If, under this section or RCW 7.05.140(2), an arbitrator withdraws from the arbitrator's office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this section or RCW 7.05.130(2).
[ 2015 c 276 s 15.]

catchline: Failure or impossibility to act.


title: RCW 7.05.160

text:
Where the mandate of an arbitrator terminates under RCW 7.05.140 or 7.05.150 or because of the arbitrator's withdrawal from office for any other reason or because of the revocation of the arbitrator's mandate by agreement of the parties or in any other case of termination of the arbitrator's mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
[ 2015 c 276 s 16.]

catchline: Appointment of substitute arbitrator.


title: RCW 7.05.170

text:
(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. A party is not precluded from raising such a plea by the fact that the party has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in subsection (2) of this section either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in RCW 7.05.070 to decide the matter, which decision shall be subject to no appeal. While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
[ 2015 c 276 s 17.]

catchline: Competence of arbitral tribunal to rule on its own jurisdiction.


title: RCW 7.05.180

text:
(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.
(2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
(a) Maintain or restore the status quo pending determination of the dispute;
(b) Take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
(c) Provide a means of preserving assets out of which a subsequent award may be satisfied; or
(d) Preserve evidence that may be relevant and material to the resolution of the dispute.
[ 2015 c 276 s 18.]

catchline: Power of arbitral tribunal to order interim measures.


title: RCW 7.05.190

text:
(1) The party requesting an interim measure under RCW 7.05.180(2) (a), (b), and (c) shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted; and
(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility shall not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under RCW 7.05.180(2)(d), the requirements in subsection (1)(a) and (b) of this section shall apply only to the extent the tribunal considers appropriate.
[ 2015 c 276 s 19.]

catchline: Conditions of granting interim measures.


title: RCW 7.05.200

text:
(1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.
(2) The arbitral tribunal may grant a preliminary order provided it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.
(3) The conditions defined under RCW 7.05.190 apply to any preliminary order, provided that the harm to be assessed under RCW 7.05.190(1)(a) is the harm likely to result from the order being granted or not.
[ 2015 c 276 s 20.]

catchline: Application for preliminary orders—Conditions for granting preliminary orders.


title: RCW 7.05.210

text:
(1) Immediately after the arbitral tribunal has made a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications, including by indicating the content of any oral communication, between any party and the arbitral tribunal in relation thereto.
(2) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.
(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.
(4) A preliminary order shall expire after twenty days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.
(5) A preliminary order shall be binding on the parties but shall not be subject to enforcement by a court. Such a preliminary order does not constitute an award.
[ 2015 c 276 s 21.]

catchline: Procedures for preliminary orders—Expiration of preliminary orders.


title: RCW 7.05.220

text:
The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.
[ 2015 c 276 s 22.]

catchline: Modification, suspension, termination of preliminary orders.


title: RCW 7.05.230

text:
(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate to do so.
[ 2015 c 276 s 23.]

catchline: Provision of security.


title: RCW 7.05.240

text:
(1) The arbitral tribunal may require any party promptly to disclose any material change in the circumstances on the basis of which the measure was requested or granted.
(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal's determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case. Thereafter, subsection (1) of this section shall apply.
[ 2015 c 276 s 24.]

catchline: Disclosures.


title: RCW 7.05.250

text:
The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.
[ 2015 c 276 s 25.]

catchline: Costs and damages.


title: RCW 7.05.260

text:
(1) An interim measure issued by an arbitral tribunal shall be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the superior court, irrespective of the country in which it was issued, subject to the provisions of RCW 7.05.270.
(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of any termination, suspension, or modification of that interim measure.
(3) The court of the state where recognition or enforcement is sought may, if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.
[ 2015 c 276 s 26.]

catchline: Recognition and enforcement of interim measures.


title: RCW 7.05.270

text:
(1) Recognition or enforcement of an interim award may be refused only:
(a) At the request of the party against whom it is invoked if the court is satisfied that:
(i) Such refusal is warranted on the grounds set forth in RCW 7.05.470(1)(a) (i), (ii), (iii), or (iv);
(ii) The arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with; or
(iii) The interim measure has been terminated or suspended by the arbitral tribunal or, where so empowered, by the court of the state in which the arbitration takes place or under the law of which that interim measure was granted; or
(b) If the court finds that:
(i) The interim measure is incompatible with the powers conferred upon the court unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purposes of enforcing that interim measure and without modifying its substance; or
(ii) Any of the grounds set forth in RCW 7.05.470(1)(b) (i) or (ii) apply to the recognition and enforcement of the interim measure.
(2) Any determination made by the court on any ground in subsection (1) of this section shall be effective only for the purposes of the application to recognize and enforce the interim measure. The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.
[ 2015 c 276 s 27.]

catchline: Grounds for refusing recognition and enforcement.


title: RCW 7.05.280

text:
A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether their place is in the territory of this state, as it has in relation to proceedings in courts. The court shall exercise such power in accordance with its own procedures in consideration of the specific features of international arbitration.
[ 2015 c 276 s 28.]

catchline: Court-ordered interim measures.


title: RCW 7.05.290

text:
The parties shall be treated with equality, and each party shall be given a full opportunity of presenting its case.
[ 2015 c 276 s 29.]

catchline: Equal treatment of parties.


title: RCW 7.05.300

text:
(1) Subject to the provisions of this chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality, and weight of any evidence.
[ 2015 c 276 s 30.]

catchline: Determination of rules and procedure.


title: RCW 7.05.310

text:
(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
(2) Notwithstanding the provisions of subsection (1) of this section, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property, or documents.
[ 2015 c 276 s 31.]

catchline: Place of arbitration.


title: RCW 7.05.320

text:
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
[ 2015 c 276 s 32.]

catchline: Commencement of arbitral proceedings.


title: RCW 7.05.330

text:
(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitral tribunal.
(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
[ 2015 c 276 s 33.]

catchline: Language used in proceedings.


title: RCW 7.05.340

text:
(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the point at issue, and the relief or remedy sought, and the respondent shall state its defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
(2) Unless otherwise agreed by the parties, either party may amend or supplement its claims or defenses during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.
[ 2015 c 276 s 34.]

catchline: Statement of claim and defense.


title: RCW 7.05.350

text:
(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.
(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property, or documents.
(3) All statements, documents, or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.
[ 2015 c 276 s 35.]

catchline: Hearings and written proceedings.


title: RCW 7.05.360

text:
Unless otherwise agreed by the parties, if, without showing sufficient cause:
(1) The claimant fails to communicate its statement of claim in accordance with RCW 7.05.340(1), the arbitral tribunal shall terminate the proceedings;
(2) The respondent fails to communicate its statements of defense in accordance with RCW 7.05.340(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and
(3) Any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
[ 2015 c 276 s 36.]

catchline: Default of a party.


title: RCW 7.05.370

text:
(1) Unless otherwise agreed by the parties, the arbitral tribunal:
(a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and
(b) May require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods, or other property for the expert's inspection.
(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of the expert's written or oral report, participate in a hearing where the parties have the opportunity to put questions to the expert and to present expert witnesses in order to testify on the points at issue.
[ 2015 c 276 s 37.]

catchline: Expert appointed by arbitral tribunal.


title: RCW 7.05.380

text:
(1) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the superior court assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.
(2) When the parties to two or more arbitration agreements have agreed in their respective arbitration agreements or otherwise, the superior court may, on application by one party with the consent of all other parties to those arbitration agreements, do one or more of the following:
(a) Order the arbitration proceedings arising out of those arbitration agreements to be consolidated on terms the court considers just and necessary;
(b) Where all parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal in accordance with RCW 7.05.120(4); and
(c) Where the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary.
[ 2015 c 276 s 38.]

catchline: Court assistance in taking evidence—Consolidation.


title: RCW 7.05.390

text:
(1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state and not to its conflict of laws rules.
(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict of laws rules which it considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorized it to do so.
(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade applicable to the transaction.
[ 2015 c 276 s 39.]

catchline: Rules applicable to substance of dispute.


title: RCW 7.05.400

text:
In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.
[ 2015 c 276 s 40.]

catchline: Decision making by panel of arbitrators.


title: RCW 7.05.410

text:
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An award on agreed terms shall be made in accordance with the provisions of RCW 7.05.420 and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.
[ 2015 c 276 s 41.]

catchline: Settlement.


title: RCW 7.05.420

text:
(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under RCW 7.05.410.
(3) The award shall state its date and the place of arbitration as determined in accordance with RCW 7.05.310(1). The award shall be deemed to have been made at that place.
(4) After the award is made, a copy signed by the arbitrators in accordance with subsection (1) of this section shall be delivered to each party.
[ 2015 c 276 s 42.]

catchline: Form and contents of award.


title: RCW 7.05.430

text:
(1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section.
(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:
(a) The claimant withdraws its claim, unless the respondent objects thereto and the arbitral tribunal recognizes a legitimate interest on the respondent's part in obtaining a final settlement of the dispute;
(b) The parties agree on the termination of the proceedings; or
(c) The arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to the provisions of RCW 7.05.440 and 7.05.450(4).
[ 2015 c 276 s 43.]

catchline: Termination of proceedings.


title: RCW 7.05.440

text:
(1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties:
(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature;
(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award; and
(c) If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within thirty days of receipt of the request. The interpretation shall form part of the award.
(2) The arbitral tribunal may correct any error of the type referred to in subsection (1)(a) of this section on its own initiative within thirty days of the date of the award.
(3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days.
(4) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation, or an additional award under subsection (1) or (3) of this section.
(5) The provisions of RCW 7.05.420 shall apply to a correction or interpretation of the award or to an additional award.
[ 2015 c 276 s 44.]

catchline: Correction and interpretation of award—Additional award.


title: RCW 7.05.450

text:
(1) Recourse to the superior court against an arbitral award may be made only 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 superior court only if:
(a) The party making the application furnishes proof that:
(i) A party to the arbitration agreement referred to in RCW 7.05.080 was under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this state;
(ii) 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 its case;
(iii) 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 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
(iv) 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 this chapter from which the parties cannot derogate, or, failing such agreement, was not in accordance with this chapter; or
(b) The court finds that:
(i) The subject matter of the dispute is not capable of settlement by arbitration under the law of this state; or
(ii) The award is in conflict with the public policy of this state.
(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 RCW 7.05.440, from the date on which that request had been disposed of by the arbitral tribunal.
(4) The court, when asked to set aside an 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.
[ 2015 c 276 s 45.]

catchline: Application for setting aside as exclusive recourse against arbitral award.


title: RCW 7.05.460

text:
(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the superior court, shall be enforced subject to the provisions of this section and of RCW 7.05.470.
(2) The party relying on an award or applying for its enforcement shall supply the original award or a copy thereof. If the award is not made in English, the court may request the party to supply a translation thereof into English.
[ 2015 c 276 s 46.]

catchline: Recognition and enforcement.