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litigation without corresponding benefit to the process and (2) | | the primary reason to allow a court to consider a favorable | | preaward ruling is because such arbitral orders are not self- | | enforcing. The parties whose preaward requests for relief are | | denied by an arbitrator can seek review of such denial after the | | final award is issued under Section 20, vacatur, or Section 21, | | modification or correction of an award. |
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| | | 5. Section 18 requires an arbitrator's ruling to be | | incorporated into an "award under Section 19" because for | | procedural purposes there must be an award under Section 19 | | for a court to confirm under Section 22 or to vacate, modify | | or correct under Section 23 or 24. |
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| | | 1.__Record.__An arbitrator shall make a record of an award.__ | | The record must be signed or otherwise authenticated by any | | arbitrator who concurs with the award.__The arbitrator or the | | arbitration organization shall give notice of the award, | | including a copy of the award, to each party to the | | arbitration proceeding. |
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| | | 2.__Time of award.__An award must be made within the time | | specified by the agreement to arbitrate or, if not specified | | therein, within the time ordered by the court.__The court may | | extend or the parties to the arbitration proceeding may agree | | in a record to extend the time.__The court or the parties may | | do so within or after the time specified or ordered.__A party | | waives any objection that an award was not timely made unless | | the party gives notice of the objection to the arbitrator | | before receiving notice of the award. |
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| | | The terms "or otherwise authenticated" are intended to | | conform with the Electronic Signatures in Global and National | | Commerce Act, 15 U.S.C.A. § 7001, noted in Section 30. An | | arbitrator can execute an award by an electronic signature | | which is intended to mean "an electronic sound, symbol, or | | process attached to or logically associated with a contract or | | other record and executed or adopted by a person with the | | intent to sign the record." 15 U.S.C.A. § 7006(5). |
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| | | §8720.__Change of award by arbitrator |
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