Current through 2024 Public Law 457
Section 10-3-25 - Breach of arbitration agreement; court sanctions; additional sanctions(a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), by ordering the drafting party to pay the reasonable expenses, including attorneys' fees and costs, incurred by the employee or consumer as a result of the material breach.(b) In addition to the monetary sanction described in subsection (a) of this section, the court may order any of the following sanctions against a drafting party that materially breaches an arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust: (1) An evidence sanction by an order prohibiting the drafting party from conducting discovery in the civil action;(2) A terminating sanction by one of the following orders:(i) An order striking out the pleadings or parts of the pleadings of the drafting party;(ii) An order rendering a judgment by default against the drafting party; and(3) A contempt sanction by an order finding the drafting party in contempt of court.Added by 2024 Pub. Laws, ch. 445,§ 2, eff. 6/29/2024.Added by 2024 Pub. Laws, ch. 446,§ 2, eff. 6/29/2024.