Wash. Rev. Code » Title 7 · Chapter 7.04A

Wash. Rev. Code § 7.04A.090

Initiation of arbitration

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(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 RCW 7.04A.150(3) 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.
(3) A claim sought to be arbitrated is subject to the same limitations of time for the commencement of actions as if the claim had been asserted in a court.
[ 2013 c 92 s 1; 2005 c 433 s 9.]
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 2008–2024 · leading case: Westcott Homes LLC v. Chamness
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Westcott Homes LLC v. Chamness (2008) washctapp · cites it 14× “Because the email notice did not describe the nature of the controversy and requested remedy as required by RCW 7.04A.090, we affirm. FACTS ¶ 2 The Chamnesses own residential property in Lynnwood, Washington, and entered into a utility easement agreement with Joe Murphy in May…”
Verbeek Properties, LLC v. GreenCo Environmental, Inc. (2010) washctapp · cites it 4× “The act does set forth procedures for initiating arbitration in RCW 7.04A.090. But the question of compliance with these procedures must be left to the arbitrator.”
Verbeek Properties v. Greenco Environ (2010) washctapp · cites it 4× “The act does set forth procedures for initiating arbitration in RCW 7.04A.090. But the question of compliance with these procedures must be left to the arbitrator.”
Westcott Homes, LLC v. Chamness (2008) washctapp · cites it 12× “Because the e-mail notice did not describe the nature of the controversy and requested remedy as required by RCW 7.04A.090, we affirm. *730 FACTS ¶2 The Chamnesses own residential property in Lynn-wood, Washington, and entered into a utility easement agreement with Joe Murphy in…”
Steven Burnett v. Pagliacci Pizza (2019) washctapp “" RCW 7.04A.090(3). Therefore, the F.A.I.R.”
Certif. From US for Ninth Cir. v. Kachman (2008) wash “060; RCW 7.04A.090; RCW 11.11.050; RCW 11.56.110; RCW 11.”
Dan's Trucking, Inc. v. Kerr Contractors, Inc. (2014) washctapp “150(3) 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 RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.”
Saleemi v. Doctor's Associates, Inc. (2012) washctapp “150(3) 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 RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.”
In Re The Marriage Of: Kathy Jo Rohrs, V. Joel Damon Rohrs (2024) washctapp · cites it 3× “(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.”
In Re The Parenting & Support Of: B.a. (2017) washctapp · cites it 2× “49070-6-II (e) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under RCW 7.04A.150(3) not later than the commencement of the arbitration hearing; or (f) The arbitration was conducted without proper…”
Simeon J. Osborn & Monica Osborn, Resps v. Michael Callahan & Robin Callahan, Apps (2019) washctapp “150(3) 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 RCW 7.”
David W. Newell v. Providence Health & Services (2019) washctapp “150(3) 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 RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.”
Show all 15 citing cases →
— Wash. Rev. Code § 7.04A.090(1) — 2 cases
Westcott Homes, LLC v. Chamness (2008) washctapp “Because the e-mail notice did not describe the nature of the controversy and requested remedy as required by RCW 7.04A.090, we affirm. *730 FACTS ¶2 The Chamnesses own residential property in Lynn-wood, Washington, and entered into a utility easement agreement with Joe Murphy in…”
In Re The Marriage Of: Kathy Jo Rohrs, V. Joel Damon Rohrs (2024) washctapp “(f) The arbitration was conducted without proper notice of the initiation of an arbitration as required in RCW 7.04A.090 so as to prejudice substantially the rights of a party to the arbitration proceeding.”
— Wash. Rev. Code § 7.04A.090(3) — 1 case
Steven Burnett v. Pagliacci Pizza (2019) washctapp “" RCW 7.04A.090(3). Therefore, the F.A.I.R.”
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