§ 12-3003 – Applicability
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
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
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
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
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
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 […]