Utah Code 78B-10a-105. Selection of arbitrator or panel — Costs
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(1)
Terms Used In Utah Code 78B-10a-105
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator.
(1)(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.
(1)(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) .
(1)(d) If a panel of three arbitrators is selected:
(1)(d)(i) each side shall select one arbitrator; and
(1)(d)(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:
(2)(a) each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a) ; and
(2)(b) if an arbitration panel is selected under Subsection (1)(d) , each party shall pay:
(2)(b)(i) the fees and costs of the arbitrator selected by that party’s side; and
(2)(b)(ii) an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii) .