§ 78B-10a-105 — Selection of arbitrator or panel -- Costs.

(1) (1)(a) Unless otherwise agreed to in writing by the parties, a claim submitted to arbitration shall be resolved by a single arbitrator.
(1)(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.
(1)(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).
(1)(d) If a panel of three arbitrators is selected:
(1)(d)(i) each side shall select one arbitrator; and
(1)(d)(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:

(2)(a) each party shall pay an equal share of the fees and costs of the arbitrator selected under Subsection (1)(a); and
(2)(b) if an arbitration panel is selected under Subsection (1)(d), each party shall pay:
(2)(b)(i) the fees and costs of the arbitrator selected by that party's side; and
(2)(b)(ii) an equal share of the fees and costs of the arbitrator selected under Subsection (1)(d)(ii).

Legislative History

Enacted by Chapter 197, 2011 General Session