(1) 

Terms Used In Utah Code 78B-10a-105

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Writing: includes :Utah Code 68-3-12.5
(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 General Session