(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(b) Unless a person objects for lack or insufficiency of notice under Section 16(c) [44-7A-16 NMSA 1978] not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.
History: Laws 2001, ch. 227, § 10.
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 — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23.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. — 4 Am. Jur. 2d Alternative Dispute Resolution § 177.
6 C.J.S. Arbitration § 76.
Structure New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 7A - Uniform Arbitration
Section 44-7A-1 - Short title; definitions.
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-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-30 - Uniformity of application and construction.
Section 44-7A-31 - Relationship to electronic signatures in global and national commerce act.