Art 75 number blast Flashcards

1
Q
  1. Applications to the court; venue; statutes of limitation; provisional remedies.

Applications to the court; venue.

If an application to confirm, vacate, or modify an arbitration award was denied or dismissed because it was made in the form of a motion captioned in an earlier special proceeding having reference to the arbitration instead of as a distinct special proceeding, the applicant can file a new application in the correct form within _______ of the effective date of this paragraph. The new application can be made in either form, as a motion or as a special proceeding.

A

90 days

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2
Q
  1. Applications to the court; venue; statutes of limitation; provisional remedies.

Provisional remedies.

  • A court can grant provisional relief, including attachment,injunction and their related provisions, in an arbitration case if the applicant can show that the award may be rendered ineffectual without such relief.
  • If an arbitration is not started within ________ of provisional relief being granted, the order granting relief will expire and be void. The respondent will also be awarded costs, including reasonable attorney’s fees. The ______________ period may be altered by the court.
A

THIRTY (30) DAYS ……… THIRTY (30) DAY

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3
Q
  1. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
    Application to compel arbitration; stay of action.

Notice of intention to arbitrate.

A party can send a demand for arbitration or a notice of intention to arbitrate to another party. The demand or notice must specify the agreement that the arbitration is based on, the name and address of the party sending the notice and a notice that an application to stay arbitration must be made by the party served within ___________ after service upon him of the notice or demand, or he shall be precluded from doing so.

A

TWENTY (20) DAYS

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4
Q
  1. Application to compel or stay arbitration; stay of action;notice of intention to arbitrate.
    Application to compel arbitration; stay of action.
    Notice of intention to arbitrate.
  • Such notice or demand for arbitration and Notice of such application to stay arbitration shall be served in the same manner as a ___________ or by _____________ or _____________ , return receipt requested.
  • Service of the application to stay arbitration may be made upon the adverse party, or upon his attorney if the attorney’s name appears on the demand for arbitration or the notice of intention to arbitrate. If served by mail, it must be posted within the ______________ period.
A

Summons ……. registered or certified mail……… twenty day

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5
Q
  1. Hearing.

Time and place.

  • The arbitrator shall appoint a time and place for the hearing and notify the parties in writing personally or by registered or certified mail at least __________ before the hearing.
  • The arbitrator can adjourn or postpone the hearing, but the court can order the arbitrator to proceed ____________ on application by a party.
A

eight (8) days…. promptly

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6
Q
  1. Award by confession.

Time of award.

The award may be made at any time within ___________ after the statement is verified.

A

three (3) months

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7
Q
  1. Modification of award by ARBITRATOR
  • Within_______________ of delivery of an award, a party may apply for its modification. The arbitrators may modify the award upon certain grounds.
  • Written notice of the application shall be given to _____________ to the arbitration.
A

twenty (20) days … other parties

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8
Q
  1. Modification of award by ARBITRATOR
  • Written objection to modification by arbitrator must be served on the arbitrators and other parties within _______________ of receipt of the notice.
A

ten (10) days

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9
Q
  1. Modification of award by ARBITRATOR
  • The arbitrators must issue a written decision on any application for arbitrator to modify the award within_________ of receiving any objections to the modification or the deadline for submitting objections, whichever is earlier, but the parties may extend this ________________ period in writing either before or after its expiration.
A

30 days………. thirty (30) day

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10
Q
  1. Confirmation of award.

The court shall confirm an award upon application of a party made within ________ after its delivery to him, unless the award is vacated or modified

A

one year

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11
Q
  1. Vacating or modifying award (by the Court).

When application made.
Within _________ after delivery of an award, a party may apply to the COURT vacate or modify it.

A

ninety (90) days

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