Arbitration Under the New North Carolina Arbitration Statute, the Uniform Arbitration Act

Abstract

The arbitration statute which was enacted by the legislature of North Carolina at its last session is the Uniform Arbitration Act which was drafted by the Conference of Commissioners on Uniform State Laws and recommended to the legislatures of the several states for adoption. It has also been formally approved by the American Bar Association. It has been adopted in Nevada (1925), Utah (1927), Wyoming (1927) and North Carolina (1927). In most, if not all, important particulars this act differs from the arbitration statutes which have been recently enacted in other jurisdictions as follows: The United States Arbitration Act (1925), effective January 1, 1926, the New York Arbitration Law (1920), and the arbitration statutes of New Jersey (1923), Massachusetts (1925), Oregon (1925), Territory of Hawaii (1925), California (1927) and Pennsylvania (1927). Without intending to minimize the importance of the other particulars in which the Uniform Act departs from the arbitration statutes last cited, it is proposed to report first what appears to have been regarded by the Commissioners and by the American Bar Association as the most important matter of difference between the two classes of arbitration statutes. That matter of difference assumes the further importance that the American Bar Association expressly repudiated the position which it had taken on the question in connection with the United States Arbitration Act when it approved the Uniform Act.