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Rule 14-1107. Award; form; serviceof award; judicialconfirmation of award.

 

(a)  Time frame.Whenever practical the panel or sole arbitrator must hold a hearing within 60 days after receipt of theagreement to arbitrate, signed by both parties, and the signed petition and answer, and must render its award within20 days after the close of thehearing or the close of the final hearing if more than one hearing has been held. The award of the panel must bemade by the majority of the panel or by the sole arbitrator.

(b)  Delivery toBar office. The award must be in writing and signed bythe members of the panel concurringor by the sole arbitrator. The award must include a determination of all questions submitted to the panelor sole arbitrator which are necessary to resolve the dispute. The panel chair or sole arbitrator must forwardthe original award to the Bar office.

(c)  Form. Theaward must contain a description of the dispute, the findings, the award, an a preliminarystatement that a hearing was held upon notice pursuant to a written agreement to arbitrate, and that theparties were given an opportunity to testify and cross-examine.

(d)  Service onparties. The Bar will mail or email the award to the petitioner and the respondent.

(e)  Clientaward ? judicial confirmation. If the award favors the client, and the lawyer fails to comply with the award within 20days after the date on which a copy of the awardis mailed to the lawyer, the client may seek a confirmation of the award in accordance with the Utah Uniform Arbitration Act but withoutfurther assistance by the Bar.

(f)  Lawyeraward ? judicial confirmation. If the award favors the lawyer, and the client fails to comply with the award within 20days after the date upon which a copy of theaward is mailedto the client by the Bar office, the lawyer may exercise his or her rights


under the Utah Uniform Arbitration Act, which provides forthe judicial confirmation of arbitration awards but without further assistance by the Bar.

(g) Modification of award by arbitrators.

 

(g)(1) Upon motion of any party to the arbitrators or upon order of the courtpursuant to a motion, the arbitrators may modify the award if:

(g)(1)(A) therewas an evident miscalculationof figures or description of a personor property referredto in the award;

(g)(1)(B) the award is imperfect as to form; or (g)(1)(C) necessary to clarify any part of the award.

(g)(2) A motionto the arbitrators for modification of an award must be made within 20 days after serviceof the award upon the moving party. Written noticethat a motion has been made must be promptly servedpersonally or by certified mail upon all otherparties to the proceeding. The notice of motion for modification mustcontain a statement that objectionsto the motion be served upon the moving party withinten days after receipt of the notice.

Effective May 1, 2021.