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Uniform Arbitration Act

South Dakota · Judicial Remedies · §§ 21-25A-1 to 21-25A-9 · 38 sections

Overview

The Uniform Arbitration Act governs the private arbitration of disputes, making written agreements to arbitrate enforceable and providing the framework for carrying them out. It gives courts the power to compel or stay arbitration and to appoint arbitrators when the parties' own method fails, and it sets the procedure for the arbitration itself — notice of the hearing, the right to be represented by counsel, presentation of evidence and cross-examination, the arbitrators' authority to issue subpoenas and take depositions, and the requirement that the award be made in writing within a set time and delivered to the parties. It then defines the courts' limited role afterward, allowing an award to be confirmed, or vacated, modified, or corrected only on specified grounds, with judgment entered on a confirmed award and a defined right of appeal; certain agreements, including those contained in insurance policies, fall outside its reach.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 41 court decisions.

Most-cited authority: 498 NW2D 630 - Azcon Construction Co. v. Golden Hills Resort, Inc.

Sections covered

Enacted in other states

Alaska, Delaware, Idaho, Illinois, Indiana, Maryland, Maine, Missouri, Montana, Nevada, Oklahoma, Pennsylvania, South Carolina, Tennessee, Wyoming

All South Dakota named statutes →

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