2026 -- S 2312 | |
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LC003906 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURES -- PROCEDURE IN PARTICULAR | |
ACTIONS -- ARBITRATION | |
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Introduced By: Senators Appollonio, Thompson, Dimitri, Famiglietti, and Britto | |
Date Introduced: January 23, 2026 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 10-3-6 and 10-3-15 of the General Laws in Chapter 10-3 entitled |
2 | "Arbitration" are hereby amended to read as follows: |
3 | 10-3-6. Judicial appointment of arbitrators. |
4 | (a) If, in the agreement, provision is made for a method of naming or appointing an |
5 | arbitrator or arbitrators or an umpire, the method shall be followed; but if no method is provided in |
6 | the agreement, or if a method is provided and any party thereto shall fail to avail himself or herself |
7 | of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or |
8 | arbitrators or an umpire, or in filling a vacancy, then, upon the application of either party to the |
9 | controversy, the court, as described in ยง 10-3-4, shall designate and appoint an arbitrator or |
10 | arbitrators or umpire, as the case may require, who shall act under the agreement with the same |
11 | force and effect as if he, she, or they had been specifically named in the agreement; and, unless |
12 | otherwise provided in the agreement, the arbitration shall be by a single arbitrator. |
13 | (b) The court shall appoint an arbitrator, appraiser, or umpire under this section upon a |
14 | showing that any party has failed, refused, or neglected to make a required appointment under the |
15 | agreement, or has otherwise caused an unreasonable delay in the naming or selection thereof. |
16 | Where the agreement contemplates that each party shall appoint an arbitrator or appraiser and that |
17 | the two (2) so appointed shall thereafter select an umpire or third arbitrator, the court shall, upon |
18 | application, appoint both an arbitrator or appraiser on behalf of the non-complying party and an |
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1 | umpire or third arbitrator if necessary, to ensure that the arbitration or appraisal may proceed. |
2 | Judicial appointment under this section shall not be withheld on the ground that one party has failed |
3 | to make an appointment required by the agreement. The purpose of judicial appointment under this |
4 | section is to ensure that arbitration or appraisal proceedings proceed expeditiously and without |
5 | prejudice to the party that has complied with the agreement. |
6 | 10-3-15. Notice of motion to vacate, modify, or correct award. |
7 | Notice of a motion to vacate, modify, or correct an award must be served upon the adverse |
8 | party or his or her attorney within sixty (60) thirty (30) days after the award is filed or delivered, |
9 | and before the award is confirmed, as prescribed by law for service of notice of a motion in an |
10 | action at law. The court may make an order, to be served with the notice of the motion, staying the |
11 | proceedings of the adverse party to enforce the award. |
12 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURES -- PROCEDURE IN PARTICULAR | |
ACTIONS -- ARBITRATION | |
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1 | This act would strengthen consumer protections in insurance claims by improving the |
2 | fairness and timeliness of arbitration and appraisal proceedings, and preventing insurers from |
3 | delaying or obstructing the dispute resolution process by allowing the court to resolve appraisal |
4 | and arbitration disputes to provide an equitable remedy to the aggrieved party. |
5 | This act would take effect upon passage. |
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