78B-10a-102. General provisions — Filing — Notice — Limits. (1) Except for bodily injury cases involving a motor vehicle as described in Sections 31A-22-303, 31A-22-305, and 31A-22-305.3, medical malpractice cases as described in Section 78B-3-401, and governmental claims described in Section 63G-7-401, any party to an action for personal injury or property damage as a […]
78B-10a-103. Punitive damages. A claim for punitive damages may not be made in an arbitration proceeding in accordance with this chapter or any subsequent proceeding, even if the claim is later resolved through a trial de novo in accordance with Section 78B-10a-108. Enacted by Chapter 197, 2011 General Session
78B-10a-104. Rescission — Discovery. (1) (a) Any party who has agreed to arbitration in accordance with this chapter may rescind the agreement if the rescission is made within: (i) 90 days after the agreement to arbitrate; and (ii) not less than 30 days before any scheduled arbitration hearing. (b) A person seeking to rescind an […]
78B-10a-105. Selection of arbitrator or panel — Costs. (1) (a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator. (b) Unless otherwise agreed to by the parties or ordered by the court, all parties shall agree on a single arbitrator within 90 days […]
78B-10a-106. Governing provisions. (1) Except as otherwise provided in this chapter and unless otherwise agreed to in writing by the parties, an arbitration proceeding conducted in accordance with this chapter shall be governed by Title 78B, Chapter 11, Utah Uniform Arbitration Act. (2) (a) Subject to the provisions of this chapter, the Utah Rules of […]
78B-10a-107. Decision — Award — Court action. (1) A written decision by a single arbitrator or by a majority of the arbitration panel shall constitute a final decision. (2) An arbitration award issued in accordance with this chapter shall be the final resolution of all property damage or bodily injury claims between the parties and […]
78B-10a-108. Trial de novo. (1) (a) Upon filing a notice requesting a trial de novo in accordance with Subsection 78B-10a-107(2): (i) unless otherwise stipulated to by the parties or ordered by the court, an additional 90 days shall be allowed for further discovery; (ii) the additional discovery time under Subsection (1)(a)(i) shall run from the […]
78B-10a-109. Interest. All arbitration awards issued in accordance with this chapter shall bear prejudgment interest pursuant to Sections 15-1-1 and 78B-5-824, and postjudgment interest pursuant to Section 15-1-4. Enacted by Chapter 197, 2011 General Session
