Section 123 – Confirmation of award.
78B-11-123. Confirmation of award. After a party to an arbitration proceeding receives notice of an award in a matter not pending before a court, the party may petition the court for an order confirming the award. If the notice of award is in a matter pending before the court, the party may file a motion […]
Section 111 – Consolidation of separate arbitration proceedings.
78B-11-111. Consolidation of separate arbitration proceedings. (1) Except as otherwise provided in Subsection (3), upon 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: (a) there are separate agreements to arbitrate or […]
Section 112 – Appointment of arbitrator — Service as a neutral arbitrator.
78B-11-112. Appointment of arbitrator — Service as a neutral arbitrator. (1) 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 […]
Section 113 – Disclosure by arbitrator.
78B-11-113. Disclosure by arbitrator. (1) 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 and arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality […]
Section 114 – Action by majority.
78B-11-114. 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 Subsection 78B-11-116(3). Renumbered and Amended by Chapter 3, 2008 General Session
Section 115 – Immunity of arbitrator — Competency to testify — Attorney fees and costs.
78B-11-115. Immunity of arbitrator — Competency to testify — Attorney fees and costs. (1) 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. (2) The immunity afforded by this section supplements […]
Section 116 – Arbitration process.
78B-11-116. Arbitration process. (1) An arbitrator may conduct an arbitration in a manner the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, […]
Section 117 – Representation.
78B-11-117. Representation. A party to an arbitration proceeding may be represented by an attorney. Renumbered and Amended by Chapter 3, 2008 General Session
Section 118 – Witnesses — Subpoenas — Depositions — Discovery.
78B-11-118. Witnesses — Subpoenas — Depositions — Discovery. (1) 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, upon […]
Section 119 – Judicial enforcement of preaward ruling by arbitrator.
78B-11-119. 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 78B-11-120. A prevailing party may make a motion to the court for an expedited order to […]