Z-342                 _______________________________________________

                                                     HOUSE BILL NO. 58

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives P. King, West and Wang

Read first time 1/17/85 and referred to Committee on Judiciary.

AN ACT Relating to arbitration; amending RCW 7.04.090; and adding a new section to chapter 7.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 9, chapter 138, Laws of 1943 and RCW 7.04.090 are each amended to read as follows:

          If the time within which the award shall be made is not fixed in the arbitration agreement, the award shall be made within thirty days from the closing of the proceeding, ((and any award made after the lapse of such thirty days shall have no legal effect,)) unless the parties, in writing, extend the time in which ((said)) that award may be made ((or ratify any award made after the expiration of the thirty day period.  Any extension of time or ratification of the award shall be in writing and signed by all parties to the arbitration)).  If the arbitrator fails to make an award when required, the court, upon motion and hearing, shall order the arbitrator to enter an award within the time fixed by the court, and may impose sanctions or terms deemed reasonable by the court.  Failure to make an award within the time required shall not divest the arbitrators of jurisdiction to make an award or to correct or modify an award as provided in section 2 of this 1985 act.

NEW SECTION. Sec. 2.  A new section is added to chapter 7.04 RCW to read as follows:

          On application of a party or, if an application to the court is pending under RCW 7.04.150, 7.04.160, or 7.04.170, 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 RCW 7.04.170 (1) and (3).  The application shall be made, in writing, within ten days after delivery of the award to the applicant.  Written notice thereof shall be given forthwith to the opposing party, stating that objections, if any, must be served within ten days from the notice.  The arbitrators shall rule on the application within twenty days after such application is made.  Any award so modified or corrected is subject to the provisions of RCW 7.04.150, 7.04.160, and 7.04.170 and is to be considered the award in the case for purposes of this chapter, said award being effective on the date the corrections or modifications are made.  If corrections or modifications are denied, then the award shall be effective as of the date the award was originally made.