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Statutes

"The Nebraska Constitution permits the Legislature, at its discretion, to provide for the enforcement of mediation, binding arbitration agreements, and other forms of dispute resolution which are entered into voluntarily and which are not revocable other than upon such grounds, at law or in equity, that would support the revocation of any contract. NEB. CONST. of 1996, art. I, § 13.

Under the Uniform Arbitration Act, a written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable, and irrevocable except upon such grounds as exist at law or in equity for the revocation of any contract. The provision in a written contract must be entered into voluntarily and willingly. NEB. REV. STAT. § 25-2602.01.

The statement “THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES” must appear in capitalized and underlined type next to the signature block of any standardized agreement in which binding arbitration is the sole remedy for resolving disputes arising from the agreement. NEB. REV. STAT. § 25-2602.02."

Cases

Nebraska legislators adopted the Uniform Arbitration Act in 1997; arbitration clauses in contracts entered into subsequent to June 10, 1997 are valid in Nebraska. Millennium Solutions v. Davis, 603 N.W.2d 406 (Neb. 1999).

Comments

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Contributors

Sean Gillen, Esq.

The statutory information was edited and reviewed with the support of MultiState

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