- This chapter governs an agreement to arbitrate made on or after [February 27, 2008].
- This chapter governs an agreement to arbitrate made before [February 27, 2008] if all the parties to the agreement or to the arbitration proceeding so agree in a record.
- (1) Any provision in an insurance policy with a consumer that requires binding arbitration is void and unenforceable.
- An insurance policy with a consumer may permit the resolution of disputes through arbitration; provided, that:
- The decision to arbitrate is made by the parties at the time a dispute arises; and
- The decision whether to arbitrate is not a condition for continued policy coverage under the same terms that otherwise would apply.
- If the parties to an insurance policy with a consumer elect to arbitrate, the provisions of this chapter shall apply.
- A provision for mandatory binding arbitration within a consumer arbitration agreement is void and unenforceable except to the extent federal law provides for its enforceability.
- On or after July 1, 2009, this chapter governs an agreement to arbitrate whenever made.
- (1) This chapter does not apply to any arbitrator or any arbitration organization in an arbitration proceeding governed by rules adopted by a securities self-regulatory organization; provided, that the rules are approved by the United States Securities and Exchange Commission under federal law.
- For the purposes of this paragraph, the term "securities self-regulatory organization" means:
- A securities exchange registered under the federal Securities Exchange Act of 1934, approved June 6, 1934 (48 Stat. 881; 15 U.S.C. § 78a et seq.) ("Securities Exchange Act");
- A national securities association of broker-dealers registered under the Securities Exchange Act;
- A clearing agency registered under the Securities Exchange Act; or
- The Municipal Securities Rulemaking Board established under the Securities Exchange Act.
Historical and Statutory
Legislative History of Laws
For Law 17-111, see notes following § 16-4401.
This section is based upon § 3 of the Uniform Arbitration Act (2000). See Vol. 7, Pt. I, Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
DC CODE § 16-4403
Current through December 11, 2012
(Feb. 27, 2008, D.C. Law 17-111, § 2(b), 55 DCR 1847.)