2021 New Mexico Statutes
Article 7A - Uniform Arbitration
Section 44-7A-5 - Disabling civil dispute clause voidable.

In the arbitration of a dispute between a consumer, borrower, tenant or employee and another party, a disabling civil dispute clause contained in a document relevant to the dispute is unenforceable against and voidable by the consumer, borrower, tenant or employee. If the enforcement of such a clause is at issue as a preliminary matter in connection with arbitration, the consumer, borrower, tenant or employee may seek judicial relief to have the clause declared unenforceable in a court having personal jurisdiction of the parties and subject matter jurisdiction of the issue.
History: Laws 2001, ch. 227, § 5.
Compiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Constitutionality of compulsory arbitration statutes, 55 A.L.R.2d 432.
Validity and enforceability of provision for binding arbitration, and waiver thereof, 24 A.L.R.3d 1325.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 44 - Miscellaneous Civil Law Matters

Article 7A - Uniform Arbitration

Section 44-7A-1 - Short title; definitions.

Section 44-7A-2 - Notice.

Section 44-7A-3 - When the uniform arbitration applies.

Section 44-7A-4 - Effect of agreement to arbitrate; nonwaivable provisions.

Section 44-7A-5 - Disabling civil dispute clause voidable.

Section 44-7A-6 - Application for judicial relief.

Section 44-7A-7 - Validity of agreement to arbitrate.

Section 44-7A-8 - Motion to compel or stay arbitration.

Section 44-7A-9 - Provisional remedies.

Section 44-7A-10 - Initiation of arbitration.

Section 44-7A-11 - Consolidation of separate arbitration proceedings.

Section 44-7A-12 - Appointment of arbitrator; service as a neutral arbitrator.

Section 44-7A-13 - Disclosure by arbitrator.

Section 44-7A-14 - Action by majority.

Section 44-7A-15 - Immunity of arbitrator; competency to testify; attorney's fees and costs.

Section 44-7A-16 - Arbitration process.

Section 44-7A-17 - Representation by lawyer.

Section 44-7A-18 - Witnesses; subpoenas; depositions; discovery.

Section 44-7A-19 - Judicial enforcement of pre-award ruling by arbitrator.

Section 44-7A-20 - Award.

Section 44-7A-21 - Change of award by arbitrator.

Section 44-7A-22 - Remedies; fees and expenses of arbitration proceeding.

Section 44-7A-23 - Confirmation of award.

Section 44-7A-24 - Vacating award.

Section 44-7A-25 - Modification or correction of award.

Section 44-7A-26 - Judgment on award; attorney's fees and litigation expenses.

Section 44-7A-27 - Jurisdiction.

Section 44-7A-28 - Venue.

Section 44-7A-29 - Appeals.

Section 44-7A-30 - Uniformity of application and construction.

Section 44-7A-31 - Relationship to electronic signatures in global and national commerce act.

Section 44-7A-32 - Saving clause.