12-3001. Definitions In this chapter, unless the context otherwise requires: 1. " Arbitration organization" means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator. 2. " Arbitrator" means an individual who is appointed to render […]
12-3002. Notice A. Except as otherwise provided in this chapter, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice. B. A person has notice if the person has knowledge of the […]
12-3003. Applicability A. Except as provided in subsection B: 1. This chapter governs an agreement to arbitrate made on or after January 1, 2011. 2. This chapter governs an agreement to arbitrate made before January 1, 2011 if all the parties to the agreement or to the arbitration proceeding so agree in a record. 3. […]
12-3004. Effect of agreement to arbitrate; nonwaivable provisions A. Except as otherwise provided in subsections B and C of this section, a party to an agreement to arbitrate or to an arbitration proceeding may waive, or the parties may vary the effect of, the requirements of this chapter to the extent permitted by law. B. […]
12-3005. Application for judicial relief A. An application for judicial relief under this chapter must be made by motion to the court and heard in the manner provided by law or court rule for making and hearing motions. B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion […]
12-3006. Validity of agreement to arbitrate A. An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocable except on a ground that exists at law or in equity for the revocation of a contract. B. The court shall […]
12-3007. Motion to compel or stay arbitration A. On motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement: 1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate. 2. If the refusing […]
12-3008. Interim remedies A. Before an arbitrator is appointed and is authorized and able to act, the court, on motion of a party to an arbitration proceeding and for good cause shown, may enter an order for interim remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same […]
12-3009. Initiation of arbitration; notice 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 an agreement, by certified mail, return receipt requested and obtained, or by service as authorized for […]
12-3010. Consolidation of separate arbitration proceedings A. Except as otherwise provided in subsection C, on motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims if all of the following apply: 1. There are […]
12-3011. Appointment of arbitrator; service as a neutral arbitrator A. If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed unless the method fails. If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed fails or is […]
12-3012. Disclosure by arbitrator A. Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate, to the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the […]
12-3013. Action by majority If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under section 12-3015, subsection C.
12-3014. Immunity of arbitrator; competency to testify; attorney fees and litigation expenses A. An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. B. The immunity afforded by this section supplements any […]
12-3015. Arbitration process A. An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred on the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, to determine […]
12-3016. Representation by lawyer A party to an arbitration proceeding may be represented by a lawyer.
12-3017. Witnesses; subpoenas; depositions; discovery A. An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, on motion to the […]
12-3018. Judicial enforcement of preaward ruling by arbitrator If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 12-3019. A prevailing party may make a motion to the court for an expedited order to […]
12-3019. Award A. An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. B. An […]
12-3020. Change of award by arbitrator A. On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award either: 1. On a ground stated in section 12-3024, subsection A, paragraph 1 or 3. 2. Because the arbitrator has not made a final and definite award on […]
