§ 12-3021 – Remedies; fees and expenses of arbitration proceeding
12-3021. Remedies; fees and expenses of arbitration proceeding A. An arbitrator may award punitive damages or other exemplary relief if such an award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. B. […]
§ 12-3022 – Confirmation of award
12-3022. Confirmation of award After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court shall issue a confirming order unless the award is modified or corrected pursuant to section 12-3020 or 12-3024 or […]
§ 12-3023 – Vacating award
12-3023. Vacating award A. On motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if any of the following applies: 1. The award was procured by corruption, fraud or other undue means. 2. There was either: (a) Evident partiality by an arbitrator […]
§ 12-3008 – Interim remedies
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
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
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
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
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
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
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 […]