Section 105 - Selection of arbitrator or panel -- Costs.

UT Code § 78B-10a-105 (2019) (N/A)
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(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.

(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.

(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).

(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).

(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).