Utah § 81-15-118 - Vacation or amendment by court of unconfirmed award.
Full text of Utah Utah Code § 81-15-118 — Vacation or amendment by court of unconfirmed award., with citation guidance and answers to common questions.
§ 81-15-118. Vacation or amendment by court of unconfirmed award.
Effective 5/7/2025 81-15-118.
Vacation or amendment by court of unconfirmed award.
(1)
On a motion of a party, the court shall vacate an unconfirmed award if the moving party establishes that:
(a)
the award was procured by corruption, fraud, or other undue means;
(b)
there was:
(i)
evident partiality by the arbitrator;
(ii)
corruption by the arbitrator; or
(iii)
misconduct by the arbitrator substantially prejudicing the rights of a party;
(c)
the arbitrator refused to postpone a hearing on showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to Section 81-15-112, so as to prejudice substantially the rights of a party;
(d)
the arbitrator exceeded the arbitrator's powers;
(e)
no arbitration agreement exists, unless the moving party participated in the arbitration without making a motion under Section 81-15-106 no later than the beginning of the first arbitration hearing; or
(f)
the arbitration was conducted without proper notice under Section 81-15-105 of the initiation of arbitration, so as to prejudice substantially the rights of a party.
(2)
Except as otherwise provided in Subsection (3), on a motion of a party, the court shall vacate an unconfirmed award that determines a child-related dispute if the moving party establishes that:
(a)
the award does not comply with Section 81-15-114 or a law of this state, other than this chapter, governing a child-related dispute or is contrary to the best interests of the minor child;
(b)
the record of the hearing or the statement of reasons in the award is inadequate for the court to review the award; or
(c)
a ground for vacating the award under Subsection (1) exists.
(3)
If an award is subject to vacation under Subsection (2)(a), on a motion of a party, the court may amend the award if amending rather than vacating is in the best interests of the minor child.
(4)
The court shall determine a motion under Subsection (2) or (3) based on the record of the arbitration hearing and facts occurring after the hearing.
(5)
A motion under this section to vacate or amend an award shall be filed no later than 90 days after the day on which:
(a)
an arbitrator gives the party filing the motion notice of the award or a corrected award; or
(b)
for a motion under Subsection (1)(a), the ground of corruption, fraud, or other undue means is known or by the exercise of reasonable care should have been known to the party filing the motion.
(6)
(a)
If the court under this section vacates an award for a reason other than the absence of an enforceable arbitration agreement, the court may order a rehearing before an arbitrator.
(b)
If the reason for vacating the award is that the award was procured by corruption, fraud, or other undue means or there was evident partiality, corruption, or misconduct by the arbitrator, the rehearing shall be before another arbitrator.
(7)
If the court under this section denies a motion to vacate or amend an award, the court may confirm the award under Section 81-15-115 unless a motion is pending under Section 81-15-117.
Section 81-15-118 ("Vacation or amendment by court of unconfirmed award.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-15-118?
A common citation format is "Utah Code § 81-15-118" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-15-118 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
