SLS 12RS-5218 ORIGINAL
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Regular Session, 2012
SENATE RESOLUTION NO. 157
BY SENATOR APPEL
LEGIS POWERS/FUNCTIONS. To urge and request the Louisiana State Law Institute to
study the Louisiana Binding Arbitration Act.
A RESOLUTION1
To urge and request the Louisiana State Law Institute to study the Louisiana Binding2
Arbitration Act.3
WHEREAS, arbitration is a process by which parties to a dispute may submit their4
differences to the judgment of an impartial person or persons appointed by mutual consent5
or statutory provision; and6
WHEREAS, arbitration has been increasingly favored by both Louisiana and federal7
courts as an efficient manner in which to resolve legal disputes; and8
WHEREAS, legal disputes should be resolved in a just, speedy and economically9
efficient manner; and10
WHEREAS, the arbitration process has become increasingly time-consuming and11
in some cases prohibitively expensive for both individuals and businesses in the state of12
Louisiana; and13
WHEREAS, the Louisiana Binding Arbitration Act is found in R.S. 9:4201 et seq.;14
and15
WHEREAS, the Louisiana Binding Arbitration Act should provide for an arbitration16
process that is efficient, economical and just in its outcome.17
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby18 SR NO. 157
SLS 12RS-5218 ORIGINAL
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urge and request the Louisiana State Law Institute to study the Louisiana Binding1
Arbitration Act to determine what recommendations may improve arbitration contracts in2
Louisiana so that arbitration proceedings take less time and are not prohibitively expensive,3
including whether "loser-pay" provisions may assist in decreasing time and expense of the4
arbitration process, whether reasonable limits may be imposed on what constitutes "pertinent5
evidence" under R.S. 9:4210 for an arbitrator to consider, and whether other recommended6
changes to Louisiana's arbitration laws may help to make arbitration a more efficient and7
cost-effective process for participants in Louisiana.8
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report9
its findings and recommendations to the Louisiana Legislature on or before February 1,10
2013.11
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the12
director of the Louisiana State Law Institute.13
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Appel SR No.
Requests the Louisiana State Law Institute to study the Louisiana Binding Arbitration Act
and make recommendations on how Louisiana's arbitration process may be made more cost-
effective and less time-consuming.
Requires report on or before February 1, 2013.