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ARBITRATION AND AWARD

KRS tit. XXXVII, ch. 417
in effect

KRS 417.010 Repealed, 1984

417.010. Repealed, 1984 Catchline at repeal: Submission of controversy to arbitration by agreement. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 69.

KRS 417.011 Repealed, 1984

417.011. Repealed, 1984 Catchline at repeal: Controversies which may be arbitrated -- Procedure for submission. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(1).

KRS 417.012 Repealed, 1984

417.012. Repealed, 1984 Catchline at repeal: Oath of arbitrators and umpire. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(2).

KRS 417.013 Repealed, 1984

417.013. Repealed, 1984 Catchline at repeal: Supoenas -- Attendance of witnesses may be coerced. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(3).

KRS 417.014 Repealed, 1984

417.014. Repealed, 1984 Catchline at repeal: Controversies may be submitted by fiduciaries. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 131, effective July 1, 1982. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(4). Note: 1980 Ky. Acts ch. 396, sec. 142 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 417.015 Repealed, 1984

417.015. Repealed, 1984 Catchline at repeal: Procedure if arbitrator does not act. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(5).

KRS 417.016 Repealed, 1984

417.016. Repealed, 1984 Catchline at repeal: Meetings and powers of arbitrators and umpires -- Award. History: Repealed 1984 Ky. Acts ch. 378, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(6).

KRS 417.017 Repealed, 1984

417.017. Repealed, 1984 Catchline at repeal: Entry of award as judgment. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 420, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(7).

KRS 417.018 Repealed, 1984

417.018. Repealed, 1984 Catchline at repeal: Power of court over awards. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(8).

KRS 417.019 Repealed, effective January 2, 1978

417.019. Repealed, effective January 2, 1978 Catchline at repeal: Controversies within jurisdiction of justice of the peace -- Appeal. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 451(9).

KRS 417.020 Repealed, 1984

417.020. Repealed, 1984 Catchline at repeal: Form of submission agreement. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984.-- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 70.

KRS 417.030 Repealed, 1984

417.030. Repealed, 1984 Catchline at repeal: Time and place of meeting of arbitrators; notice to parties; oath; conduct of hearing. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 583, effective June 17, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 71.

KRS 417.040 Repealed, 1984

417.040. Repealed, 1984 Catchline at repeal: Form and effect of the award -- Jurisdiction of courts. History: Repealed 1984 Ky. Acts ch. 278, sec. 22, effective July 13, 1984. -- Amended 1952 Ky. Acts ch. 216, sec. 1, effective June 19, 1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 72, 73.

KRS 417.045 Title

417.045. Title This chapter may be cited as the "Uniform Arbitration Act." Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 21, effective July 13, 1984.

KRS 417.050 Validity of arbitration agreement -- Exempt agreements

417.050. Validity of arbitration agreement -- Exempt agreements A written agreement to submit any existing controversy to arbitration or a provision in written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable, and irrevocable, save upon such grounds as exist at law for the revocation of any contract. This chapter does not apply to: (1) Arbitration agreements contained within the collective bargaining agreements entered into by employers and the respective representatives of member employees; (2) Insurance contracts. Nothing in this subsection shall be deemed to invalidate or render unenforceable contractual arbitration provisions between two (2) or more insurers, including reinsurers; and (3) Arbitration agreements entered by any industrial insured captive insurer that is created under the Product Liability Risk Retention Act of 1981, 15 U.S.C. secs. 3901 et seq., as amended. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 75, sec. 2, effective June 27, 2019; and ch. 166, sec. 4, effective June 27, 2019. -- Amended 1996 Ky. Acts ch. 131, sec. 1, effective July 15, 1996. -- Created 1984 Ky. Acts ch. 278, sec. 1, effective July 13, 1984. Legislative Research Commission Note (6/27/2019). This statute was amended by 2019 Ky. Acts chs. 75 and 166, which do not appear to be in conflict and have been codified together.

KRS 417.060 Proceedings to compel or stay arbitration

417.060. Proceedings to compel or stay arbitration (1) On application of a party showing an agreement described in KRS 417.050, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised. The court shall order arbitration if found for the moving party; otherwise, the application shall be denied. (2) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration. (3) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (1) of this section, the application shall be made therein. Otherwise and subject to KRS 417.210, the application may be made in any court of competent jurisdiction. (4) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section; or if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay. (5) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 2, effective July 13, 1984.

KRS 417.070 Appointment of arbitrators by court

417.070. Appointment of arbitrators by court If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 3, effective July 13, 1984.

KRS 417.080 Majority action by arbitrators

417.080. Majority action by arbitrators The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 4, effective July 13, 1984.

KRS 417.090 Hearing

417.090. Hearing Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by certified mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award, unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy. (2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing. (3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 5, effective July 13, 1984.

KRS 417.100 Representation by attorney

417.100. Representation by attorney A party has the right to be represented by an attorney at any proceeding or hearing under this chapter. A waiver thereof prior to the proceeding or hearing is ineffective. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 6, effective July 13, 1984.

KRS 417.110 Witnesses, subpoenas and depositions

417.110. Witnesses, subpoenas and depositions (1) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. (2) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. (3) All provisions of law compelling a person under subpoena to testify are applicable. (4) Fees for attendance as a witness shall be the same as for a witness in the Circuit Court. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 7, effective July 13, 1984.

KRS 417.120 Award

417.120. Award (1) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by certified mail, or as provided in the agreement. (2) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless he notifies the arbitrators of his objection prior to the delivery of the award to him. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 8, effective July 13, 1984.

KRS 417.130 Change of award by arbitrators

417.130. Change of award by arbitrators On application of a party to the arbitrators or, if an application to the court is pending under KRS 417.150, 417.160 or 417.170, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in paragraphs (a) and (b) of subsection (1) of KRS 417.170, or for the purpose of clarifying the award. The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating he must serve his objections thereto, if any, within ten (10) days from the notice. The award so modified or corrected is subject to the provisions of KRS 417.150, 417.160 and 417.170. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 9, effective July 13, 1984.

KRS 417.140 Fees and expenses of arbitration

417.140. Fees and expenses of arbitration Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses, fees and other expenses incurred in the conduct of the arbitration shall be paid as provided in the award. Attorneys' fees shall not be awarded unless a provision therefor is contained in the written agreement submitted to arbitration. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 10, effective July 13, 1984.

KRS 417.150 Confirmation of an award

417.150. Confirmation of an award Upon application of a party, the court shall confirm an award unless, within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in KRS 417.160 and 417.170. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 11, effective July 13, 1984.

KRS 417.160 Vacating an award

417.160. Vacating an award (1) Upon application of a party, the court shall vacate an award where: (a) The award was procured by corruption, fraud or other undue means; (b) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of KRS 417.090, as to prejudice substantially the rights of a party; or (e) There was no arbitration agreement and the issue was not adversely determined in proceedings under KRS 417.060 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court is not ground for vacating or refusing to confirm the award. (2) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant; except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known. (3) In vacating the award on grounds other than stated in paragraph (a) of subsection (1) of this section, the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with KRS 417.070; or, if the award is vacated on grounds set forth in paragraphs (c) and (d) of subsection (1) of this section, the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with KRS 417.070. The time within which the agreement requires the award to be made is applicable to the rehearing and commences on the date of the order. (4) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 12, effective July 13, 1984.

KRS 417.170 Modification or correction of award

417.170. Modification or correction of award (1) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (a) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (b) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (c) The award is imperfect in a matter of form, not affecting the merits of the controversy. (2) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. (3) An application to modify or correct an award may be joined in the alternative with an application to vacate the award. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 13, effective July 13, 1984.

KRS 417.180 Judgment or decree on award

417.180. Judgment or decree on award Upon the granting of an order confirming, modifying or correcting, an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 14, effective July 13, 1984.

KRS 417.190 Applications to court

417.190. Applications to court Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions in civil cases. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in civil cases. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 15, effective July 13, 1984.

KRS 417.200 Court -- Jurisdiction

417.200. Court -- Jurisdiction The term "court" means any court of competent jurisdiction of this state. The making of an agreement described in KRS 417.050 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award thereunder. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 16, effective July 13, 1984.

KRS 417.210 Venue

417.210. Venue An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held, or, if the hearing has been held, in the county in which it was held. Otherwise, the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application, unless the court otherwise directs. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 17, effective July 13, 1984.

KRS 417.220 Appeals

417.220. Appeals (1) An appeal may be taken from: (a) An order denying an application to compel arbitration made under KRS 417.060; (b) An order granting an application to stay arbitration made under subsection (2) of KRS 417.060; (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 judgment or decree entered pursuant to the provisions of this chapter. (2) The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 18, effective July 13, 1984.

KRS 417.230 Chapter 417 not retroactive

417.230. Chapter 417 not retroactive This chapter applies only to agreements made subsequent to the taking effect of this chapter. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 19, effective July 13, 1984.

KRS 417.240 Uniformity of interpretation

417.240. Uniformity of interpretation This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it. Effective: July 13, 1984 History: Created 1984 Ky. Acts ch. 278, sec. 20, effective July 13, 1984.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39272Fetched: 10/20/2026

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