Arbitration

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Utah Supreme Court

Can arbitration panels award attorney fees for judicial proceedings that confirm their awards?

Westgate v. Consumer Protection Group

June 7, 2016

The Utah Supreme Court clarified the scope of arbitration panels’ authority to award attorney fees, distinguishing between fees for arbitration proceedings and subsequent judicial confirmation proceedings.

Civil Appeals

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Utah Court of Appeals

Can Utah courts vacate arbitration awards over discovery disputes?

Hicks III v. UBS Financial Services

February 4, 2010

Utah courts have very limited authority to second-guess arbitration panel discovery decisions when reviewing challenges to arbitration awards.

Civil Appeals

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Utah Supreme Court

Can Utah courts find waiver of arbitration rights under the Utah Arbitration Act?

ASC v. Wolf Mountain Resorts

November 19, 2010

Utah courts retain jurisdiction to determine whether a party has waived its contractual right to arbitration, even under the mandatory language of the Utah Arbitration Act.

Civil Appeals

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Utah Supreme Court

Can someone be bound to arbitrate without signing the contract?

Ellsworth v. The American Arbitration Association

December 5, 2006

The Utah Supreme Court clarified that mere identification as a party on a contract, without signature or direct evidence of assent, cannot bind someone to arbitration.

Civil Appeals

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Utah Court of Appeals

Can arbitrators ignore Utah Rules of Professional Conduct when determining attorney fee reasonableness?

Grimmer & Associates v. NRLA

September 12, 2024

The case clarifies that arbitrators have broad authority to interpret choice of law provisions in engagement agreements, and Utah Rules of Professional Conduct do not provide decisional criteria for determining attorney fee reasonableness in civil litigation.

Civil Appeals

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Arbitration

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