Rule 15-1105. Selection of the arbitration panel; additional claims.
(a) Designation of panel composition. When the Committee has on file the agreement to arbitrate duly signed by all parties, and the petition and the answer, the chair or his designee shall designate from the Committee three persons to serve as a panel for the arbitration. Each panel shall consist of one lawyer licensed to practice law in Utah, one state or federal judge, and one non-lawyer. The chair or his designee, by written notice served personally or by mail to all parties to the arbitration, shall inform the parties of the names of the designated panel members. The chair shall 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 $3,000 in controversy. Notwithstanding the provisions contained in paragraph (a), the chair or his designee shall designate from the Committee an arbitration panel consisting of one lawyer in those arbitration proceedings in which the amount in controversy is less than $3,000.
(c) Assigning file. When the composition of the panel has been determined, the chair shall 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 respondentís answer or by other documents in the arbitration, the consent of the petitioner to the panelís consideration of such new claims shall not be required.
(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 shall appoint a replacement from the list of approved arbitrators.
Effective November 1, 2018