[WSBARP] UD and Arbitration

Fri Aug 19 17:09:58 PDT 2022

Yeah, I saw that but I don't know what "when the court action substantially affects the controversy" means.

I would find it hard to believe that a LL can bypass an arbitration clause simply by filing a UD action.  Does filing the UD action substantially affect the controversy?  Who know what this even means?

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Kelby Derenick
Sent: Friday, August 19, 2022 4:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] UD and Arbitration

If I am reading the statute correctly, it looks like UD actions are excepted under RCW 59.18.320(1)(b)(ii).  Maybe I am reading that wrong.  I had this come up years ago but it was with a commercial case with an arbitration provision in the contract.  I filed the case and the other party never filed a notice of arbitration to request the court transfer it to arbitration.  So it was never an issue.  If neither party wants it in arbitration I don't see why a court would enforce it.  But for a residential case, it looks like it might be excepted entirely.

Have a good weekend.

Kelby J. Derenick
Attorney

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On Fri, Aug 19, 2022 at 1:20 PM Paul Neumiller <pneumiller at hotmail.com<mailto:pneumiller at hotmail.com>> wrote:
Any guidance is appreciated here.  I need to evict a T for cause but the lease has a mandatory arbitration clause requiring AAA rules.  I have spoken with AAA and reviewed RC 59.18.320-350 and a quick review of Chapter 7.04A.  So how is this usually done?  Do I file for UD first and then move the court to send us off to arbitration, then bring the decision back and move the court to enforce the arbitrator's decision by ordering the Writ of Restitution?  OR, do I force the T into arbitration first and THEN take the arbitrator's decision to the Court to enforce?  I feel uncomfortable with going to arbitration first because it appears to bypass T protections such as a court-appointed attorney, etc.  Many thanks.  (I'm sure that we'd all rather be anywhere else than in the office on this beautiful Friday afternoon.)

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