BILL REQ. #:  S-0776.2 

READ FIRST TIME 02/25/05.   

     AN ACT Relating to the revised uniform arbitration act; amending RCW 3.46.150, 3.50.800, 3.50.805, 15.49.071, 35.20.010, 35.22.425, 35.23.555, 35.27.515, 35.30.100, 35A.11.200, 46.96.150, 49.66.090, 59.18.320, 59.18.330, 59.20.260, 59.20.270, and 70.87.205; adding a new chapter to Title 7 RCW; repealing RCW 7.04.010, 7.04.020, 7.04.030, 7.04.040, 7.04.050, 7.04.060, 7.04.070, 7.04.080, 7.04.090, 7.04.100, 7.04.110, 7.04.120, 7.04.130, 7.04.140, 7.04.150, 7.04.160, 7.04.170, 7.04.175, 7.04.180, 7.04.190, 7.04.200, 7.04.210, and 7.04.220; and providing an effective date.

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

NEW SECTION.  Sec. 1   DEFINITIONS. The definitions set forth in this section apply throughout this chapter.
     (1) "Arbitration organization" means a neutral association, agency, board, commission, or other entity that initiates, sponsors, or administers arbitration proceedings or is involved in the appointment of arbitrators.
     (2) "Arbitrator" means an individual appointed to render an award in a controversy between persons who are parties to an agreement to arbitrate.
     (3) "Authenticate" means:
     (a) To sign; or
     (b) To execute or adopt a record by attaching to or logically associating with the record, an electronic sound, symbol, or process with the intent to sign the record.
     (4) "Court" means a court of competent jurisdiction in this state.
     (5) "Knowledge" means actual knowledge.
     (6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
     (7) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

NEW SECTION.  Sec. 2   NOTICE. Unless the parties to an agreement to arbitrate otherwise agree or except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. A person has notice if the person has knowledge of the notice or has received notice. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

NEW SECTION.  Sec. 3   WHEN CHAPTER APPLIES. (1) Before July 1, 2006, this chapter governs agreements to arbitrate entered into:
     (a) On or after the effective date of this act; and
     (b) Before the effective date of this act, if all parties to the agreement to arbitrate or to arbitration proceedings agree in a record to be governed by this chapter.
     (2) On or after July 1, 2006, this chapter governs agreements to arbitrate even if the arbitration agreement was entered into before the effective date of this act.
     (3) This chapter shall not apply to arbitrations governed by chapter 7.06 RCW.
     This chapter shall not apply to any arbitration agreement between employers and employees or between employers and associations of employees.

NEW SECTION.  Sec. 4   EFFECT OF AGREEMENT TO ARBITRATE --
NONWAIVABLE PROVISIONS. (1) Except as otherwise provided in subsections (2) and (3) of this section, the parties to an agreement to arbitrate or to an arbitration proceeding may waive or vary the requirements of this chapter to the extent permitted by law.
     (2) Before a controversy arises that is subject to an agreement to arbitrate, the parties to the agreement may not:
     (a) Waive or vary the requirements of section 5(1), 6(1), 8, 17 (1) or (2), 26, or 28 of this act;
     (b) Unreasonably restrict the right under section 9 of this act to notice of the initiation of an arbitration proceeding;
     (c) Unreasonably restrict the right under section 12 of this act to disclosure of any facts by a neutral arbitrator; or
     (d) Waive the right under section 16 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under this chapter.
     (3) The parties to an agreement to arbitrate may not waive or vary the requirements of this section or section 3 (1)(a) or (2), 7, 14, 18, 20 (3) or (4), 22, 23, 24, 25 (1) or (2), 29, 31, 50, or 51 of this act.

NEW SECTION.  Sec. 5   APPLICATION TO COURT. (1) Except as otherwise provided in section 28 of this act, an application for judicial relief under this chapter must be made by motion to the court and heard in the manner and upon the notice provided by law or rule of court for making and hearing motions.
     (2) Notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action unless a civil action is already pending involving the agreement to arbitrate.

NEW SECTION.  Sec. 6   VALIDITY OF AGREEMENT TO ARBITRATE. (1) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable except upon a ground that exists at law or in equity for the revocation of contract.
     (2) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
     (3) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
     (4) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.

NEW SECTION.  Sec. 7   MOTION TO COMPEL OR STAY ARBITRATION. (1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
     (2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
     (3) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
     (4) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise a motion under this section may be filed in any court as required by section 27 of this act.
     (5) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
     (6) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.

NEW SECTION.  Sec. 8   PROVISIONAL REMEDIES. (1) Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.
     (2) After an arbitrator is appointed and is authorized and able to act, the arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action. After an arbitrator is appointed and is authorized and able to act, a party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or if the arbitrator cannot provide an adequate remedy.
     (3) A motion to a court for a provisional remedy under subsection (1) or (2) of this section does not waive any right of arbitration.

NEW SECTION.  Sec. 9   INITIATION OF ARBITRATION. (1) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by mail certified or registered, return receipt requested and obtained, or by service as authorized for the initiation of a civil action. The notice must describe the nature of the controversy and the remedy sought.
     (2) Unless a person interposes an objection as to lack or insufficiency of notice under section 15(3) of this act not later than the commencement of the arbitration hearing, the person's appearance at the hearing waives any objection to lack of or insufficiency of notice.

NEW SECTION.  Sec. 10   CONSOLIDATION OF SEPARATE ARBITRATION PROCEEDINGS. (1) Except as otherwise provided in subsection (3) of this section, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if:
     (a) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
     (b) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
     (c) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
     (d) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of or hardship to parties opposing consolidation.
     (2) The court may order consolidation of separate arbitration proceedings as to certain claims and allow other claims to be resolved in separate arbitration proceedings.
     (3) The court may not order consolidation of the claims of a party to an agreement to arbitrate that prohibits consolidation.

NEW SECTION.  Sec. 11   APPOINTMENT OF ARBITRATOR -- SERVICE AS A NEUTRAL ARBITRATOR. (1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator. The arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed under the agreed method.
     (2) An arbitrator who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as a neutral arbitrator.

NEW SECTION.  Sec. 12   DISCLOSURE BY ARBITRATOR. (1) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
     (a) A financial or personal interest in the outcome of the arbitration proceeding; and
     (b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, witnesses, or the other arbitrators.
     (2) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceedings and to any other arbitrators any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
     (3) If an arbitrator discloses a fact required by subsection (1) or (2) of this section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the disclosure, the objection may be a ground to vacate the award under section 23(1)(b) of this act.
     (4) If the arbitrator did not disclose a fact as required by subsection (1) or (2) of this section, upon timely objection of a party, an award may be vacated under section 23(1)(b) of this act.
     (5) An arbitrator appointed as a neutral who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under section 23(1)(b) of this act.
     (6) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or any other procedures for challenges to arbitrators before an award is made, substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under section 23(1)(b) of this act.

NEW SECTION.  Sec. 13   ACTION BY MAJORITY. If there is more than one arbitrator, the powers of the arbitrators must be exercised by a majority of them.

NEW SECTION.  Sec. 14   IMMUNITY OF ARBITRATOR -- COMPETENCY TO TESTIFY -- ATTORNEYS' FEES AND COSTS. (1) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
     (2) The immunity afforded by this section supplements any other immunity.
     (3) If an arbitrator does not make a disclosure required by section 12 of this act, the nondisclosure does not cause a loss of immunity under this section.
     (4) In any judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify or required to produce records as to any statement, conduct, decision, or ruling occurring during the arbitration proceeding to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:
     (a) To the extent necessary to determine the claim of an arbitrator or an arbitration organization or a representative of the arbitration organization against a party to the arbitration proceeding; or
     (b) If a party to the arbitration proceeding files a motion to vacate an award under section 23(1) (a) or (b) of this act and establishes prima facie that a ground for vacating the award exists.
     (5) If a person commences a civil action against an arbitrator, an arbitration organization, or a representative of an arbitration organization arising from the services of the arbitrator, organization, or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify in violation of subsection (4) of this section, and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is incompetent to testify, the court shall award to the arbitrator, organization, or representative reasonable attorneys' fees and other reasonable expenses of litigation.

NEW SECTION.  Sec. 15   ARBITRATION PROCESS. (1) The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate so as to aid in the fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and to determine the admissibility, relevance, materiality, and weight of any evidence.
     (2) The arbitrator may decide a request for summary disposition of a claim or particular issue by agreement of all interested parties or upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the arbitration proceeding and the other parties have a reasonable opportunity to respond.
     (3) The arbitrator shall set a time and place for a hearing and give notice of the hearing not less than five days before the hearing. Unless a party to the arbitration proceeding interposes an objection to lack of or insufficiency of notice not later than the commencement of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to promptly conduct the hearing and render a timely decision.
     (4) If an arbitrator orders a hearing under subsection (3) of this section, the parties to the arbitration proceeding are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
     (5) If there is more than one arbitrator, all of them shall conduct the hearing under subsection (3) of this section; however, a majority shall decide any issue and make a final award.
     (6) If an arbitrator ceases, or is unable, to act during the arbitration proceeding, a replacement arbitrator must be appointed in accordance with section 11 of this act to continue the hearing and to decide the controversy.

NEW SECTION.  Sec. 16   REPRESENTATION BY LAWYER. A party to an arbitration proceeding may be represented by a lawyer.

NEW SECTION.  Sec. 17   WITNESSES -- SUBPOENAS -- DEPOSITIONS --
DISCOVERY. (1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
     (2) On request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness, including a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under conditions determined by the arbitrator for use as evidence in order to make the proceeding fair, expeditious, and cost-effective.
     (3) An arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost-effective.
     (4) If an arbitrator permits discovery under subsection (3) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, including the issuance of a subpoena for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and may take action against a party to the arbitration proceeding who does not comply to the extent permitted by law as if the controversy were the subject of a civil action in this state.
     (5) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure as if the controversy were the subject of a civil action in this state.
     (6) All laws compelling a person under subpoena to testify and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
     (7) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court in order to make the arbitration proceeding fair, expeditious, and cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.

NEW SECTION.  Sec. 18   COURT ENFORCEMENT OF PREAWARD RULING BY ARBITRATOR. If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 19 of this act. The successful party may file a motion to the court for an expedited order to confirm the award under section 22 of this act, in which case the court shall proceed summarily to decide the motion. The court shall issue an order to confirm the award unless the court vacates, modifies, or corrects the award of the arbitrator under sections 23 and 24 of this act.

NEW SECTION.  Sec. 19   AWARD. (1) An arbitrator shall make a record of an award. The record must be authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
     (2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.

NEW SECTION.  Sec. 20   CHANGE OF AWARD BY ARBITRATOR. (1) On motion to an arbitrator by a party to the arbitration proceeding, the arbitrator may modify or correct an award:
     (a) Upon the grounds stated in section 24(1) (a) or (c) of this act;
     (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
     (c) To clarify the award.
     (2) A motion under subsection (1) of this section must be made and served on all parties within twenty days after the movant receives notice of the award.
     (3) A party to the arbitration proceeding must serve any objections to the motion within ten days after receipt of the notice.
     (4) If a motion to the court is pending under section 22, 23, or 24 of this act, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
     (a) Upon the grounds stated in section 24(1) (a) or (c) of this act;
     (b) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
     (c) To clarify the award.
     (5) An award modified or corrected under this section is subject to sections 22, 23, and 24 of this act.

NEW SECTION.  Sec. 21   REMEDIES -- FEES AND EXPENSES OF ARBITRATION PROCEEDING. (1) An arbitrator may award punitive damages or other exemplary relief if such an award is authorized under the applicable law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
     (2) An arbitrator may award attorneys' fees and other reasonable expenses of arbitration if such an award is authorized under the applicable law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
     (3) As to all remedies other than those authorized by subsections (1) and (2) of this section, an arbitrator may order such remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that such a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under section 22 of this act or for vacating an award under section 23 of this act.
     (4) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
     (5) If an arbitrator awards punitive damages or other exemplary relief under subsection (1) of this section, the arbitrator shall specify in the award the basis in fact justifying and the basis in law authorizing the award and state separately the amount of the punitive damages or other exemplary relief.

NEW SECTION.  Sec. 22   CONFIRMATION OF AWARD. After a party to the arbitration proceeding receives notice of an award, the party may file a motion with the court for an order confirming the award, at which time the court shall issue such an order unless the award is modified or corrected under section 20 or 24 of this act or is vacated under section 23 of this act.

NEW SECTION.  Sec. 23   VACATING AWARD. (1) Upon motion of a party to the arbitration proceeding, the court shall vacate an award if:
     (a) The award was procured by corruption, fraud, or other undue means;
     (b) There was:
     (i) Evident partiality by an arbitrator appointed as a neutral;
     (ii) Corruption by an arbitrator; or
     (iii) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
     (c) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 15 of this act, so as to prejudice substantially the rights of a party to the arbitration proceeding;
     (d) An arbitrator exceeded the arbitrator's powers;
     (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 15(3) of this act not later than the commencement of the arbitration hearing; or
     (f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 9 of this act so as to prejudice substantially the rights of a party to the arbitration proceeding.
     (2) A motion under this section must be filed within ninety days after the movant receives notice of the award in a record under section 19 of this act or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under section 20 of this act, unless the motion is predicated upon the ground that the award was procured by corruption, fraud, or other undue means, in which case it must be filed within ninety days after such a ground is known or by the exercise of reasonable care should have been known by the movant.
     (3) In vacating an award on a ground other than that set forth in subsection (1)(e) of this section, the court may order a rehearing before a new arbitrator. If the award is vacated on a ground stated in subsection (1)(c), (d), or (f) of this section, the court may order a rehearing before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 19(2) of this act for an award.
     (4) If a motion to vacate an award is denied and a motion to modify or correct the award is not pending, the court shall confirm the award.

NEW SECTION.  Sec. 24   MODIFICATION OR CORRECTION OF AWARD. (1) Upon motion filed within ninety days after the movant receives notice of the award in a record under section 19 of this act or within ninety days after the movant receives notice of an arbitrator's award in a record on a motion to modify or correct an award under section 20 of this act, the court shall modify or correct the award if:
     (a) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
     (b) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
     (c) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
     (2) If a motion filed under subsection (1) of this section is granted, the court shall modify or correct and confirm the award as modified or corrected. Otherwise, the court shall confirm the award.
     (3) A motion to modify or correct an award under this section may be joined with a motion to vacate the award.

NEW SECTION.  Sec. 25   JUDGMENT ON AWARD -- ATTORNEYS' FEES AND LITIGATION EXPENSES. (1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the order. The judgment may be recorded, docketed, and enforced as any other judgment in a civil action.
     (2) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
     (3) On application of a prevailing party to a contested judicial proceeding under section 22, 23, or 24 of this act, the court may add to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award, attorneys' fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made.

NEW SECTION.  Sec. 26   JURISDICTION. (1) A court of this state having jurisdiction over the dispute and the parties may enforce an agreement to arbitrate.
     (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.

NEW SECTION.  Sec. 27   VENUE. A motion under section 5 of this act must be filed in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which it was held. Otherwise, the motion must be filed in any county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, in the court of any county in this state. All subsequent motions must be filed in the court hearing the initial motion unless the court otherwise directs.

NEW SECTION.  Sec. 28   APPEALS. (1) An appeal may be taken from:
     (a) An order denying a motion to compel arbitration;
     (b) An order granting a motion to stay arbitration;
     (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 final judgment entered under this chapter.
     (2) An appeal under this section must be taken as from an order or a judgment in a civil action.

NEW SECTION.  Sec. 29   UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

NEW SECTION.  Sec. 30   CAPTIONS. Captions used in this act are not part of the law.

NEW SECTION.  Sec. 31   SAVINGS CLAUSE. This act does not affect an action or proceeding commenced or right accrued before the effective date of this act.

NEW SECTION.  Sec. 32   RELATIONSHIP TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. The provisions of this chapter governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of such records or signatures conform to the requirements of section 102 of the electronic signatures in global and national commerce act.

Sec. 33   RCW 3.46.150 and 2001 c 68 s 2 are each amended to read as follows:
     (1) Any city, having established a municipal department as provided in this chapter may, by written notice to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election, require the termination of the municipal department created pursuant to this chapter. A city may terminate a municipal department only at the end of a four-year judicial term. However, the city may not give the written notice required by this section unless the city has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).
     (2) A county that wishes to terminate a municipal department of the district court must provide written notice to the city legislative authority at least one year prior to the date of the intended termination.

Sec. 34   RCW 3.50.800 and 1984 c 258 s 202 are each amended to read as follows:
     (1) If a municipality has, prior to July 1, 1984, repealed in its entirety that portion of its municipal code defining crimes but continues to hear and determine traffic infraction cases under chapter 46.63 RCW in a municipal court, the municipality and the appropriate county shall, prior to January 1, 1985, enter into an agreement under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs incurred after January 1, 1985, associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. If the municipality and the county cannot come to an agreement within the time prescribed by this section, they shall be deemed to have entered into an agreement to submit the issue to arbitration pursuant to chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).
     (2) The agreement between the municipality and the county shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 35   RCW 3.50.805 and 1984 c 258 s 203 are each amended to read as follows:
     (1) A municipality operating a municipal court under this chapter shall not terminate that court unless the municipality has reached an agreement with the appropriate county or another municipality under chapter 39.34 RCW under which the county or municipality is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district or municipal court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county or municipality are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county or municipality have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). A municipality that has entered into agreements with other municipalities that have terminated their municipal courts may not thereafter terminate its court unless each municipality has reached an agreement with the appropriate county in accordance with this section.
     (2) A municipality operating a municipal court under this chapter may not repeal in its entirety that portion of its municipal code defining crimes while retaining the court's authority to hear and determine traffic infractions under chapter 46.63 RCW unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).
     (3) A municipality operating a municipal court under this chapter may not repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 36   RCW 15.49.071 and 1989 c 354 s 77 are each amended to read as follows:
     (1) When a buyer is damaged by the failure of any seed covered by this chapter to produce or perform as represented by the required label, by warranty, or as a result of negligence, the buyer, as a prerequisite to maintaining a legal action against the dealer of such seed, shall have first provided for the arbitration of the claim. Any statutory period of limitations with respect to such claim shall be tolled from the date arbitration proceedings are instituted until ten days after the date on which the arbitration award becomes final.
     (2) Similarly, no such claim may be asserted as a counterclaim or defense in any action brought by a dealer against a buyer until the buyer has first provided for arbitration of the claim. Upon the buyer's filing of a written notice of intention to assert such a claim as a counterclaim or defense in the action accompanied by a copy of the buyer's complaint in arbitration filed as provided in this chapter, the action shall be stayed, and any applicable statute of limitations shall be tolled with respect to such claim from the date arbitration proceedings are instituted until ten days after the arbitration award becomes final.
     (3) Conspicuous language calling attention to the requirement for arbitration under this section shall be referenced or included on the analysis label required under RCW 15.49.011 through 15.49.101.
     (4) If the parties agree to submit the claim to arbitration and to be bound by the arbitration award, then the arbitration shall be subject to chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), and RCW 15.49.081 through 15.49.111 will not apply to the arbitration. If the parties do not so agree, then the buyer may provide for mandatory arbitration by the arbitration committee under RCW 15.49.081 through 15.49.111. An award rendered in such mandatory arbitration shall not be binding upon the parties and any trial on any claim so arbitrated shall be de novo.
     (5) This section applies only to claims, or counterclaims, where the relief sought is, or includes, a monetary amount in excess of two thousand dollars. All claims for two thousand dollars or less shall be commenced in either district court or small claims court.

Sec. 37   RCW 35.20.010 and 2001 c 68 s 3 are each amended to read as follows:
     (1) There is hereby created and established in each incorporated city of this state having a population of more than four hundred thousand inhabitants, as shown by the federal or state census, whichever is the later, a municipal court, which shall be styled "The Municipal Court of . . . . . . (name of city)," hereinafter designated and referred to as the municipal court, which court shall have jurisdiction and shall exercise all the powers by this chapter declared to be vested in such municipal court, together with such powers and jurisdiction as is generally conferred in this state either by common law or statute.
     (2) A municipality operating a municipal court under this section may terminate that court if the municipality has reached an agreement with the county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the termination. The agreement shall provide for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).
     (3) A city that has entered into an agreement for court services with the county must provide written notice of the intent to terminate the agreement to the county legislative authority not less than one year prior to February 1st of the year in which all district court judges are subject to election. A city that terminates an agreement for court services to be provided by a district court may terminate the agreement only at the end of a four-year district court judicial term.
     (4) A county that wishes to terminate an agreement with a city for the provision of court services must provide written notice of the intent to terminate the agreement to the city legislative authority not less than one year prior to the expiration of the agreement.

Sec. 38   RCW 35.22.425 and 1984 c 258 s 204 are each amended to read as follows:
     A city of the first class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 39   RCW 35.23.555 and 1994 c 81 s 52 are each amended to read as follows:
     A city of the second class operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 40   RCW 35.27.515 and 1984 c 258 s 207 are each amended to read as follows:
     A town operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes or repeal a provision of its municipal code which defines a crime equivalent to an offense listed in RCW 46.63.020 unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 41   RCW 35.30.100 and 1984 c 258 s 208 are each amended to read as follows:
     A city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 42   RCW 35A.11.200 and 1984 c 258 s 209 are each amended to read as follows:
     A code city operating a municipal court may not repeal in its entirety that portion of its municipal code defining crimes unless the municipality has reached an agreement with the appropriate county under chapter 39.34 RCW under which the county is to be paid a reasonable amount for costs associated with prosecution, adjudication, and sentencing in criminal cases filed in district court as a result of the repeal. The agreement shall include provisions for periodic review and renewal of the terms of the agreement. If the municipality and the county are unable to agree on the terms for renewal of the agreement, they shall be deemed to have entered into an agreement to submit the issue to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). Pending conclusion of the arbitration proceeding, the terms of the agreement shall remain in effect. The municipality and the county have the same rights and are subject to the same duties as other parties who have agreed to submit to arbitration under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 43   RCW 46.96.150 and 1994 c 274 s 2 are each amended to read as follows:
     (1) Within thirty days after receipt of the notice under RCW 46.96.140, or within thirty days after the end of an appeal procedure provided by the manufacturer, whichever is greater, a new motor vehicle dealer so notified or entitled to notice may file a petition with the department protesting the proposed establishment or relocation. The petition shall contain a short statement setting forth the reasons for the dealer's objection to the proposed establishment or relocation. Upon the filing of a protest and the receipt of the filing fee, the department shall promptly notify the manufacturer that a timely protest has been filed and shall request the appointment of an administrative law judge under chapter 34.12 RCW to conduct a hearing. The manufacturer shall not establish or relocate the new motor vehicle dealer until the administrative law judge has held a hearing and has determined that there is good cause for permitting the proposed establishment or relocation. When more than one protest is filed against the establishment or relocation of the same dealer, the administrative law judge shall consolidate the hearings to expedite disposition of the matter.
     (2) If a manufacturer provides in the franchise agreement or by written statement distributed and provided to its dealers for arbitration under the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the provisions of this section and RCW 46.96.170 relating to hearings by an administrative law judge do not apply, and a dispute regarding the establishment of an additional new motor vehicle dealer or the relocation of an existing new motor vehicle dealer shall be determined in an arbitration proceeding conducted in accordance with the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act). The thirty-day period for filing a protest under this section still applies except that the protesting dealer shall file his protest with the manufacturer within thirty days after receipt of the notice under RCW 46.96.140.
     (3) The dispute shall be referred for arbitration to such arbitrator as may be agreed upon by the parties to the dispute. If the parties cannot agree upon a single arbitrator within thirty days from the date the protest is filed, the protesting dealer will select an arbitrator, the manufacturer will select an arbitrator, and the two arbitrators will then select a third. If a third arbitrator is not agreed upon within thirty days, any party may apply to the superior court, and the judge of the superior court having jurisdiction will appoint the third arbitrator. The protesting dealer will pay the arbitrator selected by him, and the manufacturer will pay the arbitrator it selected. The expense of the third arbitrator and all other expenses of arbitration will be shared equally by the parties. Attorneys' fees and fees paid to expert witnesses are not expenses of arbitration and will be paid by the person incurring them.
     (4) Notwithstanding the terms of a franchise or written statement of the manufacturer and notwithstanding the terms of a waiver, the arbitration will take place in the state of Washington in the county where the protesting dealer has his principal place of business. RCW 46.96.160 applies to a determination made by the arbitrator or arbitrators in determining whether good cause exists for permitting the proposed establishment or relocation of a new motor vehicle dealer, and the manufacturer has the burden of proof to establish that good cause exists for permitting the proposed establishment or relocation. After a hearing has been held, the arbitrator or arbitrators shall render a decision as expeditiously as possible, but in any event not later than one hundred twenty days from the date the arbitrator or arbitrators are selected or appointed. The manufacturer shall not establish or relocate the new motor vehicle dealer until the arbitration hearing has been held and the arbitrator or arbitrators have determined that there is good cause for permitting the proposed establishment or relocation. The written decision of the arbitrator is binding upon the parties unless modified, corrected, or vacated under the Washington Arbitration Act. Any party may appeal the decision of the arbitrator under the ((Washington)) Uniform Arbitration Act, chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).
     (5) If the franchise agreement or the manufacturer's written statement distributed and provided to its dealers does not provide for arbitration under the ((Washington)) Uniform Arbitration Act as a mechanism for resolving disputes relating to the establishment of an additional new motor vehicle dealer or the relocation of a new motor vehicle dealer, then the hearing provisions of this section and RCW 46.96.170 apply. Nothing in this section is intended to preclude a new motor vehicle dealer from electing to use any other dispute resolution mechanism offered by a manufacturer.

Sec. 44   RCW 49.66.090 and 1973 2nd ex.s. c 3 s 7 are each amended to read as follows:
     In the event that a health care activity and an employees' bargaining unit shall reach an impasse, the matters in dispute shall be submitted to a board of arbitration composed of three arbitrators for final and binding resolution. The board shall be selected in the following manner: Within ten days, the employer shall appoint one arbitrator and the employees shall appoint one arbitrator. The two arbitrators so selected and named shall within ten days agree upon and select the name of a third arbitrator who shall act as chairman. If, upon the expiration of the period allowed therefor the arbitrators are unable to agree on the selection of a third arbitrator, such arbitrator shall be appointed at the request of either party in accordance with ((the provisions of RCW 7.04.050)) section 11 of this act, and ((he)) that person shall act as ((chairman)) chair of the arbitration board.

Sec. 45   RCW 59.18.320 and 1973 1st ex.s. c 207 s 32 are each amended to read as follows:
     (1) The landlord and tenant may agree, in writing, except as provided in RCW 59.18.230(2)(e), to submit to arbitration, in conformity with the provisions of this section, any controversy arising under the provisions of this chapter, except the following:
     (a) Controversies regarding the existence of defects covered in subsections (1) and (2) of RCW 59.18.070: PROVIDED, That this exception shall apply only before the implementation of any remedy by the tenant;
     (b) Any situation where court action has been started by either landlord or tenant to enforce rights under this chapter; when the court action substantially affects the controversy, including but not limited to:
     (i) Court action pursuant to subsections (2) and (3) of RCW 59.18.090 and subsections (1) and (2) of RCW 59.18.160; and
     (ii) Any unlawful detainer action filed by the landlord pursuant to chapter 59.12 RCW.
     (2) The party initiating arbitration under subsection (1) of this section shall give reasonable notice to the other party or parties.
     (3) Except as otherwise provided in this section, the arbitration process shall be administered by any arbitrator agreed upon by the parties at the time the dispute arises: PROVIDED, That the procedures shall comply with the requirements of chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act) (relating to arbitration) and of this chapter.

Sec. 46   RCW 59.18.330 and 1973 1st ex.s. c 207 s 33 are each amended to read as follows:
     (1) Unless otherwise mutually agreed to, in the event a controversy arises under RCW 59.18.320 the landlord or tenant, or both, shall complete an application for arbitration and deliver it to the selected arbitrator.
     (2) The arbitrator so designated shall schedule a hearing to be held no later than ten days following receipt of notice of the controversy, except as provided in RCW 59.18.350.
     (3) The arbitrator shall conduct public or private hearings. Reasonable notice of such hearings shall be given to the parties, who shall appear and be heard either in person or by counsel or other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. A recording of the proceedings may be taken. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator shall have the power to administer oaths, to issue subpoenas, to require the attendance of witnesses and the production of such books, papers, contracts, agreements, and documents as may be deemed by the arbitrator material to a just determination of the issues in dispute. If any person refuses to obey such subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held hereunder, the arbitrator may invoke the jurisdiction of any superior court, and such court shall have jurisdiction to issue an appropriate order. A failure to obey such order may be punished by the court as a contempt thereof.
     (4) Within five days after conclusion of the hearing, the arbitrator shall make a written decision upon the issues presented, a copy of which shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The determination of the dispute made by the arbitrator shall be final and binding upon both parties.
     (5) If a defective condition exists which affects more than one dwelling unit in a similar manner, the arbitrator may consolidate the issues of fact common to those dwelling units in a single proceeding.
     (6) Decisions of the arbitrator shall be enforced or appealed according to the provisions of chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 47   RCW 59.20.260 and 1984 c 58 s 13 are each amended to read as follows:
     (1) The landlord and tenant may agree in writing to submit a controversy arising under this chapter to arbitration. The agreement shall contain the name of the arbitrator agreed upon by the parties or the process for selecting the arbitrator.
     (2) The arbitration shall be administered under this chapter and chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 48   RCW 59.20.270 and 1984 c 58 s 14 are each amended to read as follows:
     (1) If the landlord and tenant agree to submit the matter to arbitration, the parties shall complete an application for arbitration and deliver it to the selected arbitrator.
     (2) The arbitrator shall schedule a hearing to be held no later than ten days following receipt of the application.
     (3) Reasonable notice of the hearings shall be given to the parties, who shall appear and be heard either in person, by counsel, or by other representative. Hearings shall be informal and the rules of evidence prevailing in judicial proceedings shall not be binding. Hearings may be public or private. The proceedings may be recorded. Any oral or documentary evidence and other data deemed relevant by the arbitrator may be received in evidence. The arbitrator may administer oaths, issue subpoenas, and require the attendance of witnesses and the production of books, papers, contracts, agreements, and documents deemed by the arbitrator to be material to a just determination of the issues in dispute. If a person refuses to obey a subpoena or refuses to be sworn to testify, or any witness, party, or attorney is guilty of any contempt while in attendance at any hearing held under this section, the arbitrator may invoke the jurisdiction of any district or superior court, and the court shall have jurisdiction to issue an appropriate order. Failure to obey the order may be punished by the court as contempt.
     (4) Within five days after the hearing, the arbitrator shall make a written decision upon the issues presented. A copy of the decision shall be mailed by certified mail or otherwise delivered to the parties or their designated representatives. The decision of the arbitrator shall be final and binding upon all parties.
     (5) If a dispute exists affecting more than one tenant in a similar manner, the arbitrator may with the consent of the parties consolidate the cases into a single proceeding.
     (6) Decisions of the arbitrator shall be enforced or appealed under chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act).

Sec. 49   RCW 70.87.205 and 1983 c 123 s 23 are each amended to read as follows:
     (1) Disputes arising under RCW 70.87.200(2) shall be resolved by arbitration. The request shall be sent by certified mail.
     (2) The department shall appoint one arbitrator; the municipality shall appoint one arbitrator; and the arbitrators chosen by the department and the municipality shall appoint the third arbitrator. If the two arbitrators cannot agree on the third arbitrator, the presiding judge of the Thurston county superior court, or his or her designee, shall appoint the third arbitrator.
     (3) The arbitration shall be held pursuant to the procedures in chapter ((7.04)) 7.-- RCW (sections 1 through 32 of this act), except that ((RCW 7.04.220)) section 28(1)(f) of this act shall not apply. The decision of the arbitrators is final and binding on the parties. Neither party may appeal a decision to any court.
     (4) A party may petition the Thurston county superior court to enforce a decision of the arbitrators.

NEW SECTION.  Sec. 50   REPEALER. The following acts or parts of acts are each repealed:
     (1) RCW 7.04.010 (Arbitration authorized) and 1947 c 209 s 1 & 1943 c 138 s 1;
     (2) RCW 7.04.020 (Applications in writing--How heard--Jurisdiction) and 1982 c 122 s 1 & 1943 c 138 s 2;
     (3) RCW 7.04.030 (Stay of action pending arbitration) and 1943 c 138 s 3;
     (4) RCW 7.04.040 (Motion to compel arbitration--Notice and hearing--Motion for stay) and 1943 c 138 s 4;
     (5) RCW 7.04.050 (Appointment of arbitrators by court) and 1943 c 138 s 5;
     (6) RCW 7.04.060 (Notice of intention to arbitrate--Contents) and 1943 c 138 s 6;
     (7) RCW 7.04.070 (Hearing by arbitrators) and 1943 c 138 s 7;
     (8) RCW 7.04.080 (Failure of party to appear no bar to hearing and determination) and 1943 c 138 s 8;
     (9) RCW 7.04.090 (Time of making award--Extension--Failure to make award when required) and 1985 c 265 s 1 & 1943 c 138 s 9;
     (10) RCW 7.04.100 (Representation by attorney) and 1943 c 138 s 10;
     (11) RCW 7.04.110 (Witnesses--Compelling attendance) and 1943 c 138 s 11;
     (12) RCW 7.04.120 (Depositions) and 1943 c 138 s 12;
     (13) RCW 7.04.130 (Order to preserve property or secure satisfaction of award) and 1943 c 138 s 13;
     (14) RCW 7.04.140 (Form of award--Copies to parties) and 1943 c 138 s 14;
     (15) RCW 7.04.150 (Confirmation of award by court) and 1982 c 122 s 2 & 1943 c 138 s 15;
     (16) RCW 7.04.160 (Vacation of award--Rehearing) and 1943 c 138 s 16;
     (17) RCW 7.04.170 (Modification or correction of award by court) and 1943 c 138 s 17;
     (18) RCW 7.04.175 (Modification or correction of award by arbitrators) and 1985 c 265 s 2;
     (19) RCW 7.04.180 (Notice of motion to vacate, modify, or correct award--Stay) and 1943 c 138 s 18;
     (20) RCW 7.04.190 (Judgment--Costs) and 1943 c 138 s 19;
     (21) RCW 7.04.200 (Judgment roll--Docketing) and 1943 c 138 s 20;
     (22) RCW 7.04.210 (Effect of judgment) and 1943 c 138 s 21; and
     (23) RCW 7.04.220 (Appeal) and 1943 c 138 s 22.

NEW SECTION.  Sec. 51   This act takes effect July 1, 2006.

NEW SECTION.  Sec. 52   Sections 1 through 32 of this act constitute a new chapter in Title 7 RCW.