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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 457
BY SENATOR APPEL
AN ACT1
To amend and reenact R.S. 9:4203 and 4206, relative to the Louisiana Binding Arbitration2
Law; to provide certain procedures, requirements, and conditions regarding3
evidence; to provide relative to payment of deposits, fees, or expenses; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:4203 and 4206 are hereby amended and reenacted to read as7
follows: 8
§4203. Remedy in case of default; petition and notice; hearing and proceedings 9
A. The party aggrieved by the alleged failure or refusal of another to perform10
under a written agreement for arbitration, may petition any court of record having11
jurisdiction of the parties, or of the property, for an order directing that the12
arbitration proceed in the manner provided for in the agreement. Five days' written13
notice of the application shall be served upon the party in default. Service shall be14
made in the manner provided by law for the service of a summons.15
B. The court shall hear the parties, and upon being satisfied that the making16
of the agreement for arbitration or the failure to comply therewith is not an issue, the17
court shall issue an order directing the parties to proceed to arbitration in accordance18
with the terms of the agreement. If the making of the arbitration agreement or the19
failure or refusal to perform is an issue, the court shall proceed summarily to the trial20
thereof.21
C. If no jury trial is demanded, the court shall hear and determine the issue.22
Where such an issue is raised, either party may, on or before the return day of the23
notice of application, demand a jury trial of the issue, and upon such demand the24
court shall issue an order referring the issue or issues to a jury called and empanelled25
in the manner provided by law.26
ACT No. 545 SB NO. 457 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
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D. If the jury finds that no agreement in writing for arbitration was made or1
that there is no default in proceeding thereunder, the proceeding shall be dismissed.2
If the jury finds that an agreement for arbitration was made in writing and that there3
is a default in proceeding thereunder, the court shall issue an order summarily4
directing the parties to proceed with the arbitration in accordance with the terms5
thereof.6
E. Failure to pay within ten business days any deposit, fee, or expense7
required under the arbitration process shall constitute default in the arbitration8
proceeding. A party aggrieved by the default shall be entitled to remove the9
matter under arbitration in its entirety to a court of competent jurisdiction and10
shall be entitled to attorney fees and costs in addition to other remedies as11
provided in this Section.12
* * *13
§4206. Witnesses; summoning; compelling attendance; evidence14
A. When more than one arbitrator is agreed to, all the arbitrators shall sit at15
the hearing of the case unless, by consent in writing, all parties agree to proceed with16
the hearing with a less number. The arbitrators, selected either as prescribed in this17
Chapter or otherwise, or a majority of them, may , at the request of a party or18
independently, summon in writing any person to attend before them or any of them19
as a witness and in a proper case to bring with him or them any book, record,20
document, or paper which may be deemed material as evidence in the case. The fees21
for attendance shall be the same as the fees of witnesses in courts of general22
jurisdiction.23
B. The summons shall issue in the name of the arbitrator or arbitrators, or a24
majority of them, and shall be signed by the arbitrator, arbitrators, or a majority of25
them, and shall be directed to the person and shall be served in the same manner as26
subpoenas to appear and testify before the court. If any person or persons summoned27
to testify refuses or neglects to obey the summons, upon petition, the court in and for28
the parish in which the arbitrators are sitting may compel the attendance or punish29
the person or persons for contempt in the same manner provided by law for securing30 SB NO. 457 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
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the attendance of witnesses or their punishment for neglect or refusal to attend in the1
courts of this state.2
C.(1) The parties to the arbitration may offer evidence as is relevant and3
material to the dispute and shall produce evidence as the arbitrator may deem4
necessary to an understanding and determination of the dispute. Strict5
conformity to the Code of Evidence shall not be required, except for laws6
pertaining to testimonial privileges.7
(2) The arbitrator shall determine the admissibility, relevance, and8
materiality of the evidence offered, including the admissibility of expert9
evidence, and may exclude evidence deemed by the arbitrator to be cumulative10
or irrelevant.11
Section 2. The provisions of this Act shall not apply to any cause of action or claim12
in existence on or prior to the effective date of this Act.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: