Ark. Code Ann. » Title 16 Chapter 108
Arkansas Code Annotated

Ark. Code Ann. § 16-108-101 (2020)

Proceedings

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The proceedings upon arbitration and award made under an order or rule of court, or by consent of parties in vacation, shall be as follows in this subchapter.

History. Civil Code, § 494; C. & M. Dig., § 414; Pope's Dig., § 451; A.S.A. 1947, § 34-501.

Case Notes

Common Law.

The provisions of this subchapter do not repeal the common law on the same subject nor are parties thereby prohibited from submitting controversies to arbitration without the intervention of a court. Wilkes v. Cotter, 28 Ark. 519 (1873); Alexander v. Fletcher, 206 Ark. 906, 175 S.W.2d 196 (1944).

Compliance.

An award will not be good as a statutory award unless the proceedings of the arbitrators as to the oath taken by them and other duties have substantially, if not strictly, complied with this subchapter; however, an arbitration and award as at common law are still good and enforceable, notwithstanding this subchapter. Collins v. Karatopsky, 36 Ark. 316 (1880).

A statutory arbitration is abortive where this subchapter is not complied with. Franks v. Battles, 147 Ark. 169, 227 S.W. 32 (1921).

Consent of Parties.

If parties select a private tribunal, they are bound by the result. Kirten v. Spears, 44 Ark. 166 (1884).

The legislature cannot substitute boards of arbitration for the courts without consent of the parties. St. Louis, Iron Mountain & S. Ry. v. Williams, 49 Ark. 492, 5 S.W. 883 (1887).

The fact that parties agreed to submit a dispute to arbitration implies an agreement to be bound thereby. Alexander v. Fletcher, 206 Ark. 906, 175 S.W.2d 196 (1944).

Cited: Dean Witter Reynolds, Inc. v. Deislinger, 289 Ark. 248, 711 S.W.2d 771 (1986).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2002–2021 · leading case: Cash in A Flash Check Advance of Arkansas, L.L.C. v. Spencer, 74 S.W.3d 600 (Ark. 2002).
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Cash in A Flash Check Advance of Arkansas, L.L.C. v. Spencer, 74 S.W.3d 600 (Ark. 2002). · cites it 2× “If the other party does not respond to the submittal in writing within ten (10) days of its receipt, the claim must be submitted to binding arbitration in accordance with and pursuant to the laws as enacted in the State of Arkansas at Ark. Code Ann. § 16-108-101 et seq., as may…”
Cash in a Flash Etc., LLC v. Spencer, 74 S.W.3d 600 (Ark. 2002). · cites it 2× “If the other party does not respond to the submittal in writing within ten (10) days of its receipt, the claim must be submitted to binding arbitration in accordance with and pursuant to the laws as enacted in the State of Arkansas at Ark.Code Ann. § 16-108-101 et seq., as may…”
Phillip Lewis v. Dr. Whitney Goodwin & Gayle Goodwin, 2021 Ark. App. 194, 625 S.W.3d 710. “(collectively Lewis), filed this one- brief appeal from the orders of the Pulaski County Circuit Court entered on November 18, 2019, and February 28, 2020, denying their motions to compel arbitration and mediation pursuant to Arkansas Code Annotated sections 16-108-101 et. seq.…”
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