HB 1380 -- Uniform Arbitration Act

Co-Sponsors:  Richardson, Willoughby, Carnahan

This bill revises the entire chapter of law governing
arbitration.  The bill:

(1)  Removes the requirement that the initial notice to the
parties include a brief listing of the parties' rights under the
laws governing arbitration;

(2)  Removes the prohibition on arbitration clauses in insurance
contracts;

(3)  Removes the provision that states a waiver of the right to
counsel is ineffective when done prior to a proceeding;

(4)  Allows the arbitrator (rather than a court) to decide
whether a condition precedent in the arbitration clause has been
fulfilled, thus making the arbitration clause enforceable;

(5)  Removes a provision granting a right to a trial de novo in
cases regarding child custody and child support;

(6)  Allows arbitrators to order the payment of attorney fees;

(7)  Allows courts to add attorney fees and other expenses of
litigation incurred in any judicial proceedings following the
arbitration award; and

(8)  Removes the provision requiring a notice in any contract
containing an arbitration clause that warns "THIS CONTRACT
CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY
THE PARTIES."

The bill has an effective date of August 28, 2004, for the repeal
of the current law.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am