78B-10a-105. Selection of arbitrator or panel -- Costs.

212 words·~1 min read·/ut/title-78b/chapter-10a/78b-10a-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 of the answer of the defendant.

(c)If the parties are unable to agree on a single arbitrator as required by Subsection (1)(b) , a panel of three arbitrators shall be selected in accordance with Subsection (1)(d) .

(d)If a panel of three arbitrators is selected:

(i)each side shall select one arbitrator; and

(ii)the arbitrators appointed under Subsection (1)(d)(i) shall jointly select one additional arbitrator to be included on the panel.

(2)Unless otherwise agreed to in writing:

(a)each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a) ; and

(b)if an arbitration panel is selected under Subsection (1)(d) , each party shall pay:

(i)the fees and costs of the arbitrator selected by that party's side; and

(ii)an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii) .

Enacted by Chapter 197 , 2011 General Session