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Regular Session, 2012 ENROLLED
SENATE RESOLUTION NO. 157
BY SENATOR APPEL
A RESOLUTION
To urge and request the Louisiana State Law Institute to study the Louisiana Binding
Arbitration Act.
WHEREAS, arbitration is a process by which parties to a dispute may submit their
differences to the judgment of an impartial person or persons appointed by mutual consent
or statutory provision; and
WHEREAS, arbitration has been increasingly favored by both Louisiana and federal
courts as an efficient manner in which to resolve legal disputes; and
WHEREAS, legal disputes should be resolved in a just, speedy and economically
efficient manner; and
WHEREAS, the arbitration process has become increasingly time-consuming and
in some cases prohibitively expensive for both individuals and businesses in the state of
Louisiana; and
WHEREAS, the Louisiana Binding Arbitration Act is found in R.S. 9:4201 et seq.;
and
WHEREAS, the Louisiana Binding Arbitration Act should provide for an arbitration
process that is efficient, economical and just in its outcome.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
urge and request the Louisiana State Law Institute to study the Louisiana Binding
Arbitration Act to determine what recommendations may improve arbitration contracts in
Louisiana so that arbitration proceedings take less time and are not prohibitively expensive,
including whether "loser-pay" provisions may assist in decreasing time and expense of the
arbitration process, whether reasonable limits may be imposed on what constitutes "pertinent
evidence" under R.S. 9:4210 for an arbitrator to consider, and whether other recommended
changes to Louisiana's arbitration laws may help to make arbitration a more efficient and
cost-effective process for participants in Louisiana. SR NO. 157 ENROLLED
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BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall report
its findings and recommendations to the Louisiana Legislature on or before February 1,
2013.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
PRESIDENT OF THE SENATE