Title 29, Remedies and Special Proceedings

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's …

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this part.

(1) Unless otherwise provided by the agreement:(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives s…

A party has the right to be represented by an attorney at any proceeding or hearing under this part. A waiver thereof prior to the proceeding or hearing is ineffective.

(a) The arbitrators may cause to be issued, by the clerk of the court, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon app…

(a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement. (b) An award shall be made within the time fixed therefor by the agreement o…

(a) On application of a party or, if an application to the court is pending under § 29-5-212, § 29-5-213 or § 29-5-214, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds sta…

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.

Upon application of a party the court shall confirm an award, unless within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-213 and 29-5-214.

(a) Upon application of a party, the court shall vacate an award where:(1) The award was procured by corruption, fraud or other undue means;(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing t…

(a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property…

(a) Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. (b) Costs of the application and of the proceedings subsequent thereto, and disbursements m…

(a) On entry of the judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:(1) The agreement and each written extension of the time within which to make the award;(2) The award;(3) A copy of the order confirming, modifying …

Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial…

(a) An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse …

(a) An appeal may be taken from:(1) An order denying an application to compel arbitration made under § 29-5-203;(2) An order granting an application to stay arbitration made under § 29-5-203(b);(3) An order confirming or denying confirmation of an award;(4) An order modifying or …

(a) Notwithstanding any other law to the contrary, the court shall not confirm an award under § 29-5-212 or enter judgment or decree in conformity therewith under § 29-5-215 where the arbitration hearing or award was made outside of the United States and its territories and the f…

This part shall apply only to agreements made subsequent to July 1, 1977.

This part is known and may be cited as the “Uniform Arbitration Act.”

(1) As used in this part:(1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;(2) “Arbitrator” means an …

(a) Except as otherwise provided in this part, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course. A form of notice that is specified by the agreement to arbitrate or the rules of an arbitration orga…

(a) This part governs an agreement to arbitrate made on or after July 1, 2023. (b) This part governs an agreement to arbitrate made before July 1, 2023, if all the parties to the agreement or to the arbitration proceeding so agree in a record. (c) On or after July 1, 2023, this p…

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this part to the extent permitted by law. (b) Before a controversy arises that i…

(a) Except as otherwise provided in § 29-5-329, an application for judicial relief under this part must be made by petition to the court and heard in the manner provided by law or rule of court for making and hearing motions. (b) Unless a civil action involving the agreement to a…

(a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable, except upon a ground that exists at law or in equity for the revocation of a contract. (b) Th…

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:(1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and(2) If the refu…

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon a motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same e…

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by…

(a) Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitratio…

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, then that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act an…

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators known facts that a reasonable person woul…

If there is more than one (1) arbitrator, then the powers of an arbitrator must be exercised by a majority of the arbitrators, and all of them must conduct the hearing under § 29-5-316(c).

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (b) The immunity afforded by this section supplements immunity afforded under other law. (…

(a) An arbitrator may conduct an arbitration in the manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proc…

A party to an arbitration proceeding may be represented by a lawyer.

(a) An arbitrator may issue a subpoena for the attendance of a witness, and for the production of records and other evidence at a hearing, and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon a motion to the court …

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, then the party may request the arbitrator to incorporate the ruling into an award under § 29-5-320. A prevailing party may make a motion to the court for an expedited order to confirm the…

(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the …

(a) On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:(1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3);(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties …

(a) In all cases in which the agreement of the parties does not exclude the seeking of punitive damages, an arbitrator may award punitive damages or other exemplary relief, if the award is authorized by law in a civil action involving the same claim and the evidence produced at t…

After a party to an arbitration proceeding receives notice of an award, the party may make a motion or petition to the court for an order confirming the award, at which time, the court must issue a confirming order, unless the award is modified or corrected pursuant to § 29-5-321…

(a) Upon a motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:(1) The award was procured by corruption, fraud, or other undue means;(2) There was:(A) Evident partiality by an arbitrator appointed as a…

(a) Upon a motion made within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320, or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321, the court shall modify or correct the award if…

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as other judgments in a civil action. (b) A court …

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (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 par…

A motion pursuant to § 29-5-306 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be mad…