| (1) |
An award in an arbitration proceeding shall be in writing and, at the discretion of the arbitrator or panel of arbitrators, may state the reasons or otherwise explain the nature or amount of the award. |
Terms Used In Utah Code 78B-6-206
- Arbitration: means a private hearing before a neutral or panel of neutrals who hear the evidence, consider the contentions of the parties, and enter a written award to resolve the issues presented pursuant to Section 78B-6-206. See Utah Code 78B-6-202
- Civil action: means an action in which a party seeks monetary or equitable relief at common law or pursuant to statute. See Utah Code 78B-6-202
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writing: includes :Utah Code 68-3-12.5
| (2) |
The award shall be final and enforceable as any other judgment in a civil action, unless:
| (a) |
within 30 days after the filing of the award with the clerk of the court any party files with the clerk of court a demand for a trial de novo upon which the case shall be returned to the trial calendar; or |
| (b) |
any party files with the arbitrator or panel of arbitrators and serves a copy on all other parties a written request to modify the award on the grounds:
| (i) |
there is an evident miscalculation of figures or description of persons or property referred to in the award; |
| (ii) |
the award does not dispose of all the issues presented to the arbitrator or panel of arbitrators for resolution; or |
| (iii) |
the award purports to resolve issues not submitted for resolution in the arbitration process. |
|
| (c) |
The period for filing a demand for trial de novo is tolled until the arbitrator or panel of arbitrators have acted on the request to modify the award, which must be completed within 30 days of the filing. |
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| (3) |
The parties to an arbitration procedure may stipulate that:
| (a) |
an award need not be filed with the court, except in those cases where the rights of third parties may be affected by the provisions of the award; and |
| (b) |
the case is dismissed in which the award was made. |
|
| (4) |
| (b) |
The court may dismiss the case, or if less than all the issues are referred to arbitration, stay the case for a reasonable period for the parties to complete a private arbitration proceeding. |
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Renumbered and Amended by Chapter 3, 2008 General Session
