Title 78B, Title 78B: Judicial Code

78B-11-105. Effect of agreement to arbitrate -- Nonwaivable provisions. (1) Except as otherwise provided in Subsectionsand, 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 chapter to t…

78B-11-106. Application for judicial relief. (1) Except as otherwise provided in Section, an application for judicial relief under this chapter shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions. 78B-11-129…

78B-11-107. Validity of agreement to arbitrate. (1) An agreement contained in a record to submit to arbitration any 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…

78B-11-108. Motion to compel arbitration. (1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: if the refusing party does not appear or does not oppose the motion, the court shall order the parti…

78B-11-109. Provisional remedies. (1) Before an arbitrator is appointed and is authorized and able to act, the court, upon 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 arbi…

78B-11-110. Initiation of arbitration. (1) 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, retur…

78B-11-111. Consolidation of separate arbitration proceedings. (1) Except as otherwise provided in Subsection, upon motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or s…

78B-11-112. Appointment of arbitrator -- Service as a neutral arbitrator. (1) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed …

78B-11-113. Disclosure by arbitrator. (1) 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 any other arbitrators…

78B-11-114. Action by majority. If there is more than one arbitrator, the powers of an arbitrator must be exercised by a majority of the arbitrators, but all of them shall conduct the hearing under Subsection.

78B-11-115. Immunity of arbitrator -- Competency to testify -- Attorney fees and costs. (1) 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. (2…

78B-11-116. Arbitration process. (1) An arbitrator may conduct an arbitration in a manner 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 par…

78B-11-117. Representation. A party to an arbitration proceeding may be represented by an attorney.

78B-11-118. Witnesses -- Subpoenas -- Depositions -- Discovery. (1) An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths. A subpoena must be served in the manner for service…

78B-11-119. Judicial enforcement of preaward ruling by arbitrator. 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. A prevailing party may make a…

78B-11-120. Award. (1) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by any arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, t…

78B-11-121. Change of award by arbitrator. (1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: on any grounds stated in Subsectionor; 78B-11-125(1)(a) (c) if the arbitrator has not made a final and definite award …

78B-11-122. Remedies -- Fees and expenses of arbitration proceeding. (1) 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 the hearing justifies the award un…

78B-11-123. Confirmation of award. After a party to an arbitration proceeding receives notice of an award in a matter not pending before a court, the party may petition the court for an order confirming the award. If the notice of award is in a matter pending before the court, th…

78B-11-124. Vacating an award. (1) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: the award was procured by corruption, fraud, or other undue means; there was: evident partiality by an arbit…

78B-11-125. Modification or correction of award. (1) Upon motion made within 90 days after the movant receives notice of the award pursuant to Sectionor within 90 days after the movant receives notice of a modified or corrected award pursuant to Section, the court shall modify or…

78B-11-126. Judgment on award -- Attorney fees and litigation expenses. (1) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment conforming to the award. The judgment may be recorded, docket…

78B-11-127. Jurisdiction. (1) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (2) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment …

78B-11-128. Venue. A motion pursuant to Sectionmust 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 it was held. Otherwise, the motion may …

78B-11-129. Appeals. (1) An appeal may be taken from: an order denying a motion to compel arbitration; an order granting a motion to stay arbitration; an order confirming or denying confirmation of an award; an order modifying or correcting an award; an order vacating an award wi…

78B-11-130. Electronic Signatures in Global and National Commerce Act. The provisions of this chapter governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures confo…

78B-11-131. Effect of chapter on prior agreements or proceedings. This act does not affect an action or proceeding commenced or right accrued before this chapter takes effect. Subject to Sectionof this chapter, an arbitration agreement made before May 6, 2002 shall be governed by…