Current through the 2024 Fourth Special Session
Section 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 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, 2011 General Session.