Utah Courts
UCJA Rule 14-1105 (Code of Judicial Administration)
UCJA Rule 14-1105 (Code of Judicial Administration)
Rule 14-1105. Selection of the arbitration panel; additional claims.
(a) Designation of panel composition. When the Committee has the agreement to arbitrate signed by all parties, and the petition and the answer, the chair or his designee must designate from the Committee three persons to serve as a panel for the arbitration. Each panel must consist of (i) one lawyer licensed to practice law in Utah; (ii) one current or retired state or federal judge, domestic relations commissioner, or senior judge; and (iii) one non-lawyer. The chair or his designee, by written notice served personally or by mail to all parties to the arbitration, must inform the parties of the names of the designated panel members. The chair must designate the lawyer or the judge in each panel as the chair of the panel. The chair or his designee may request the panel chair to designate the non-lawyer member of the panel.
(b) Less than $10,000 in controversy. Notwithstanding the provisions contained in paragraph (a), the chair or his designee must designate from the Committee an arbitration panel consisting of one lawyer in those arbitration proceedings in which the amount in controversy is less than $10,000. However, when the amount in controversy is less than $10,000 but more than $7,500 the chair or designee must advise the petitioner that he or she may choose and receive a three member panel as set forth in paragraph (a).
(c) Assigning file. When the composition of the panel has been determined, the chair must assign the file to the member(s) of the arbitration panel.
(d) New claims. If new claims not set forth in the petition are raised by a respondent’s answer or by other documents in the arbitration, the petitioner’s consent is not required for the panel to consider the new claims.
(e) Conflict of interest. As soon as practical, an arbitrator shall notify the Committee of any conflict of interest with a party to the arbitration as defined by the Utah Rules of Professional Conduct. Upon notification of the conflict, the Committee must appoint a replacement from the list of approved arbitrators.
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