North Carolina General Statutes 1-567.32. Definitions and rules of interpretation
(a) The following definitions apply in this Article:
(1) Arbitral award. – Any decision of an arbitral tribunal on the substance of a dispute submitted to it, and includes an interlocutory or partial award.
Terms Used In North Carolina General Statutes 1-567.32
- Counterclaim: A claim that a defendant makes against a plaintiff.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) Arbitral tribunal. – A sole arbitrator or a panel of arbitrators.
(3) Arbitration. – Any arbitration, whether or not administered by a permanent arbitral institution.
(3a) Court. – A court of competent jurisdiction in this State.
(4) Party. – A party to an arbitration agreement.
(5) Repealed by Session Laws 2017-171, s. 1, effective October 1, 2017, and applicable to agreements entered into, renewed, or modified on or after that date.
(6) Record. – Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
(b) Where a provision of this Article, except N.C. Gen. Stat. § 1-567.58, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
(c) Where a provision of this Article refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement.
(d) Where a provision of this Article, other than in N.C. Gen. Stat. § 1-567.55(1) and N.C. Gen. Stat. § 1-567.62(b)(1), refers to a claim, it also applies to a counterclaim or setoff, and where it refers to a defense, it also applies to a defense to a counterclaim or setoff. (1991, c. 292, s. 1; 2017-171, s. 1.)