Title 12 — Courts and Civil Proceedings

1. "Arbitration organization" means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator. 2. "Arbitrator" means an individual who is appoi…

B. A person has notice if the person has knowledge of the notice or has received notice. C. A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business or at another location held out by the p…

1. This chapter governs an agreement to arbitrate made on or after January 1, 2011. 2. This chapter governs an agreement to arbitrate made before January 1, 2011 if all the parties to the agreement or to the arbitration proceeding so agree in a record. 3. On or after January 1, 2…

B. Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement may not: 1. Waive or agree to vary the effect of the requirements prescribed in section 12-2101.01, section 12-3005, subsection A, section 12-3006, subsection A, section 12-3008,…

B. Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under this chapter must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the …

B. The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. C. An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbi…

1. If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate. 2. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there…

B. After an arbitrator is appointed and is authorized and able to act: 1. The arbitrator may issue such orders for interim remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and …

B. Unless a person objects for lack or insufficiency of notice under section 12-3015, subsection C not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack or insufficiency of notice.

1. There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person. 2. The claims subject to the agreements to arbitrate…

B. An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator required by an agreement to be neutral.

1. A financial or personal interest in the outcome of the arbitration proceeding. 2. An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator. B. An arbi…

[Repealed or reserved.]

B. The immunity afforded by this section supplements any immunity under other law. C. The failure of an arbitrator to make a disclosure required by section 12-3012 does not cause any loss of immunity under this section. D. In a judicial, administrative or similar proceeding, an a…

B. An arbitrator may decide a request for summary disposition of a claim or particular issue either: 1. If all interested parties agree. 2. On request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other partie…

[Repealed or reserved.]

B. In order to make the proceedings fair, expeditious and cost effective, on request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be sub…

If an arbitrator makes a preaward ruling in favor of a party to the arbitration proceeding, the party may request the arbitrator to incorporate the ruling into an award under section 12-3019. A prevailing party may make a motion to the court for an expedited order to confirm the …

B. An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the partie…

1. On a ground stated in section 12-3024, subsection A, paragraph 1 or 3. 2. Because the arbitrator has not made a final and definite award on a claim submitted by the parties to the arbitration proceeding. 3. To clarify the award. B. A motion under subsection A of this section m…

B. An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration only if that award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding. C. As to all remedies other than t…

[Repealed or reserved.]

1. The award was procured by corruption, fraud or other undue means. 2. There was either: (a) Evident partiality by an arbitrator appointed as a neutral arbitrator. (b) Corruption by an arbitrator. (c) Misconduct by an arbitrator prejudicing the rights of a party to the arbitrati…

1. There was an evident mathematical miscalculation or an evident mistake in the description of a person or thing or property referred to in the award. 2. The arbitrator made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the …

B. A court may allow reasonable costs of the motion and subsequent judicial proceedings. C. On application of a prevailing party to a contested judicial proceeding under section 12-3022, 12-3023 or 12-3024, the court may add reasonable attorney fees and other reasonable expenses …

B. An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this chapter.

[Repealed or reserved.]

[Repealed or reserved.]

[Repealed or reserved.]