Enrolled Copy S.B. 117
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Uniform Family Law Arbitration Act
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: Jordan D. Teuscher
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LONG TITLE
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General Description:
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This bill enacts the Uniform Family Law Arbitration Act.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ provides the scope of the Uniform Family Law Arbitration Act (act);
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▸ addresses the law that is applicable to arbitration in a family law dispute;
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▸ provides the requirements for an arbitration agreement for a family law dispute;
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▸ allows a party to initiate arbitration by giving notice to the other party in accordance with
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the arbitration agreement or the laws governing contractual arbitration;
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▸ provides the framework for motions for judicial relief involving a family law arbitration;
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▸ provides the qualification and selection requirements for an arbitrator;
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▸ requires certain disclosures by an arbitrator, the parties, and the attorneys representing the
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parties;
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▸ addresses the disqualification of an arbitrator;
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▸ addresses the participation of, and a communication by, an attorney or other individual in
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family law arbitration;
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▸ allows a court or arbitrator to make a temporary order when there is an arbitration of a
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family law dispute;
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▸ addresses protection orders in family law arbitration;
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▸ provides the powers and duties of an arbitrator;
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▸ addresses the recording of an arbitration hearing;
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▸ provides the requirements for an award by an arbitrator in a family law arbitration;
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▸ addresses the confirmation or correction of an award in a family law arbitration; S.B. 117 Enrolled Copy
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▸ addresses the vacation or amendment of an award in a family law arbitration by a court;
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▸ addresses the requirements for a party seeking to clarify a confirmed award;
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▸ requires a court to enter a judgment for a family law arbitration award;
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▸ allows a court to seal or redact a document that was part of the family law arbitration;
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▸ addresses the modification and enforcement of a confirmed award or judgment from a
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family law arbitration;
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▸ addresses when an appeal from a family law arbitration may be taken;
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▸ addresses immunity of an arbitrator in a family law arbitration;
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▸ addresses the uniformity of application and construction of the act;
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▸ addresses the Electronic Signatures in Global and National Commerce Act; and
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▸ provides a transitional provision.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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81-15-101, Utah Code Annotated 1953
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81-15-102, Utah Code Annotated 1953
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81-15-103, Utah Code Annotated 1953
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81-15-104, Utah Code Annotated 1953
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81-15-105, Utah Code Annotated 1953
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81-15-106, Utah Code Annotated 1953
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81-15-107, Utah Code Annotated 1953
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81-15-108, Utah Code Annotated 1953
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81-15-109, Utah Code Annotated 1953
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81-15-110, Utah Code Annotated 1953
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81-15-111, Utah Code Annotated 1953
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81-15-112, Utah Code Annotated 1953
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81-15-113, Utah Code Annotated 1953
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81-15-114, Utah Code Annotated 1953
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81-15-115, Utah Code Annotated 1953
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81-15-116, Utah Code Annotated 1953
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81-15-117, Utah Code Annotated 1953
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81-15-118, Utah Code Annotated 1953
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81-15-119, Utah Code Annotated 1953
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81-15-120, Utah Code Annotated 1953
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81-15-121, Utah Code Annotated 1953
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81-15-122, Utah Code Annotated 1953
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81-15-123, Utah Code Annotated 1953
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81-15-124, Utah Code Annotated 1953
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81-15-125, Utah Code Annotated 1953
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81-15-126, Utah Code Annotated 1953
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81-15-127, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 81-15-101 is enacted to read:
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CHAPTER 15. UNIFORM FAMILY LAW ARBITRATION ACT
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81-15-101 . Definitions for chapter.
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As used in this chapter:
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(1) "Arbitration agreement" means an agreement that subjects a family law dispute to
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arbitration.
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(2) "Arbitration organization" means an association, agency, board, commission, or other
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entity that is neutral and initiates, sponsors, or administers an arbitration or is involved
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in the selection of an arbitrator.
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(3) "Arbitrator" means an individual selected, alone or with other individuals, to make an
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award in a family law dispute that is subject to an arbitration agreement.
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(4) "Child-related dispute" means a family law dispute regarding the custody, parent-time,
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visitation, or financial support of a child.
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(5) "Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial
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Administration, over the family law dispute.
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(6) "Family law dispute" means a contested issue arising under this title.
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(7) "Party" means an individual who signs an arbitration agreement and whose rights will
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be determined by an award.
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(8) "Person" means an individual, an estate, a business or nonprofit entity, a public
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corporation, a government or governmental subdivision, agency, or instrumentality, or
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any other legal entity.
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(9) "Record," used as a noun, means information that is inscribed on a tangible medium or
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that is stored in an electronic or other medium and is retrievable in perceivable form.
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(10) "Sign" means, with present intent to authenticate or adopt a record:
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(a) to execute or adopt a tangible symbol; or
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(b) to attach to or logically associate with the record an electronic symbol, sound, or
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process.
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(11)(a) "State" means a state of the United States, the District of Columbia, Puerto Rico,
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the United States Virgin Islands, or any territory or insular possession subject to the
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jurisdiction of the United States.
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(b) "State" includes a federally recognized Indian tribe.
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Section 2. Section 81-15-102 is enacted to read:
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81-15-102 . Scope.
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(1) This chapter governs arbitration of a family law dispute.
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(2) This chapter does not authorize an arbitrator to make an award that:
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(a) grants a legal separation, a divorce, or an annulment;
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(b) terminates parental rights;
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(c) grants an adoption or a guardianship of a minor child or incapacitated individual; or
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(d) determines the status of abuse, neglect, or dependency, as those terms are defined in
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Section 80-1-102, for a minor child.
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Section 3. Section 81-15-103 is enacted to read:
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81-15-103 . Applicable law.
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(1) Except as otherwise provided in this chapter, the law applicable to arbitration is Title
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78B, Chapter 11, Utah Uniform Arbitration Act.
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(2) In determining the merits of a family law dispute, an arbitrator shall apply the law of
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this state, including this state's choice of law rules.
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Section 4. Section 81-15-104 is enacted to read:
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81-15-104 . Arbitration agreement.
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(1) An arbitration agreement shall:
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(a) be in a record signed by the parties;
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(b) identify the arbitrator, an arbitration organization, or a method of selecting an
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arbitrator; and
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(c) identify the family law dispute the parties intend to arbitrate.
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(2) Except as otherwise provided in Subsection (3), an agreement in a record to arbitrate a
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family law dispute that arises between the parties before, at the time, or after the
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agreement is made is valid and enforceable as any other contract and irrevocable except
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on a ground that exists at law or in equity for the revocation of a contract.
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(3) An agreement to arbitrate a child-related dispute that arises between the parties after the
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agreement is made is unenforceable unless:
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(a) the parties affirm the agreement in a record after the dispute arises; or
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(b) the agreement was entered during a family law proceeding and the court approved or
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incorporated the agreement in an order issued in the proceeding.
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(4) If a party objects to arbitration on the ground the arbitration agreement is unenforceable
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or the agreement does not include a family law dispute, the court shall decide whether
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the agreement is enforceable or includes the family law dispute.
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Section 5. Section 81-15-105 is enacted to read:
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81-15-105 . Notice of arbitration.
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A party may initiate arbitration by giving notice to arbitrate to the other party in the
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manner specified in the arbitration agreement or, in the absence of a specified manner, under
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the laws and procedural rules of this state, other than this chapter, governing contractual
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arbitration.
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Section 6. Section 81-15-106 is enacted to read:
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81-15-106 . Motion for judicial relief.
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(1) If a party brings a motion for judicial relief under this chapter, the party shall bring the
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motion in:
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(a) the court in which a proceeding is pending involving the family law dispute subject
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to arbitration; or
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(b) if no proceeding is pending, a court with jurisdiction over the parties and the subject
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matter.
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(2) On a motion of a party, the court may compel arbitration if the parties have entered into
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an arbitration agreement that complies with Section 81-15-104 unless the court
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determines under Section 81-15-111 that the arbitration should not proceed.
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(3) On a motion of a party, the court shall terminate arbitration if the court determines that:
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(a) the agreement to arbitrate is unenforceable;
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(b) the family law dispute is not subject to arbitration; or
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(c) under Section 81-15-111, the arbitration should not proceed.
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(4) Unless prohibited by an arbitration agreement, on a motion of a party, the court may
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order consolidation of separate arbitrations involving the same parties and a common
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issue of law or fact if necessary for the fair and expeditious resolution of the family law
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dispute.
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Section 7. Section 81-15-107 is enacted to read:
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81-15-107 . Qualification and selection of arbitrator.
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(1) Except as otherwise provided in Subsection (2), and unless waived in a record by the
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parties, an arbitrator shall be:
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(a) an attorney in good standing admitted to practice law or on inactive status in this
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state or another state; and
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(b) trained in identifying domestic violence and child abuse according to the
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requirements established by Section 78A-2-232 for a judicial officer assigned to hear
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a family law proceeding.
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(2) The identification in the arbitration agreement of an arbitrator, arbitration organization,
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or method of selection of the arbitrator controls.
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(3) If an arbitrator is unable or unwilling to act or if the agreed upon method of selecting an
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arbitrator fails, the court shall select an arbitrator on a motion of a party.
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Section 8. Section 81-15-108 is enacted to read:
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81-15-108 . Disclosure by arbitrator -- Disqualification.
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(1) Before agreeing to serve as an arbitrator, an individual shall disclose, after making
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reasonable inquiry, to all parties any known fact a reasonable person would believe is
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likely to affect:
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(a) the impartiality of the arbitrator in the arbitration, including bias, a financial or
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personal interest in the outcome of the arbitration, or an existing or past relationship
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with a party, an attorney representing a party, or a witness; or
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(b) the arbitrator's ability to make a timely award.
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(2) An arbitrator, the parties, and the attorneys representing the parties have a continuing
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obligation to disclose to all parties any known fact a reasonable person would believe is
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likely to affect the impartiality of the arbitrator or the arbitrator's ability to make a timely
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award.
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(3) A party shall make an objection to the selection or continued service of an arbitrator and
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a motion for a stay of arbitration and disqualification of the arbitrator in accordance with
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the law and procedural rules of this state, other than this chapter, governing arbitrator
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disqualification.
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(4) If a disclosure required by Subsection (1)(a) or (2) is not made, the court may:
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(a) suspend the arbitration on a motion of a party that is no later than 30 days after the
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day on which the failure to disclose is known or by the exercise of reasonable care
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should have been known to the party;
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(b) vacate an award under Subsection 81-15-118(1)(b) on timely motion of a party; or
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(c) grant other appropriate relief under a law of this state other than this chapter if an
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award has been confirmed.
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(5) If the parties agree to discharge an arbitrator or the arbitrator is disqualified, the parties
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by agreement may select a new arbitrator or request the court to select another arbitrator
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as provided in Section 81-15-107.
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Section 9. Section 81-15-109 is enacted to read:
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81-15-109 . Party participation.
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(1) A party may:
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(a) be represented in an arbitration by an attorney;
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(b) be accompanied by an individual who will not be called as a witness or act as an
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advocate; and
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(c) participate in the arbitration to the full extent permitted under the law and procedural
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rules of this state, other than this chapter, governing a party's participation in
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contractual arbitration.
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(2) A party or representative of a party may not communicate ex parte with the arbitrator
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except to the extent allowed in a family law proceeding for communication with a judge.
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Section 10. Section 81-15-110 is enacted to read:
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81-15-110 . Temporary order or award.
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(1) Before an arbitrator is selected and able to act, the court may enter a temporary order on
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a motion of a party in accordance with this title and the Utah Rules of Civil Procedure.
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(2) After an arbitrator is selected:
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(a) the arbitrator may make a temporary award in accordance with this title and the Utah
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Rules of Civil Procedure; and
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(b) if the matter is urgent and the arbitrator is not able to act in a timely manner or
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provide an adequate remedy, the court may enter a temporary order on a motion by a
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party.
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(3)(a) On a motion of a party, before the court confirms a final award, the court under
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Section 81-15-115, 81-15-117, or 81-15-118 may confirm, correct, vacate, or amend
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a temporary award made under Subsection (2)(a).
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(b) If an arbitrator makes an temporary award in favor of a party to the arbitration
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proceeding, the prevailing party may move the court for an expedited order to
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confirm the temporary award.
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(c) On a motion described in Subsection (3)(b), the court shall issue an order confirming
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the temporary award unless the court vacates, alters, or amends the temporary award
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under this part.
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(4) On a motion of a party, the court may enforce a subpoena or interim award issued by an
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arbitrator for the fair and expeditious disposition of the arbitration.
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Section 11. Section 81-15-111 is enacted to read:
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81-15-111 . Protection of party or child.
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(1) As used in this section, "protection order" means an injunction or other order:
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(a) issued under the domestic violence, family violence, or stalking laws of the issuing
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jurisdiction; and
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(b) to prevent an individual from engaging in a violent or threatening act against,
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harassment of, contact or communication with, or being in physical proximity to
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another individual who is a party or a minor child under the custodial responsibility
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of a party.
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(2) If a party is subject to a protection order or an arbitrator determines there is a reasonable
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basis to believe a party's safety or ability to participate effectively in arbitration is at risk,
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the arbitrator shall stay the arbitration and refer the parties to court.
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(3) The arbitration may not proceed unless the party at risk affirms the arbitration
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agreement in a record and the court determines:
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(a) the affirmation is informed and voluntary;
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(b) arbitration is not inconsistent with the protection order; and
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(c) reasonable procedures are in place to protect the party from risk of harm, harassment,
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or intimidation.
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(4) If an arbitrator determines that there is a reasonable basis to believe a minor child who
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is the subject of a child-related dispute is abused or neglected, the arbitrator shall
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terminate the arbitration of the child-related dispute and report the abuse or neglect to
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the Division of Child and Family Services.
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(5) An arbitrator may make a temporary award to protect a party or a minor child from
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harm, harassment, or intimidation.
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(6) On a motion of a party, the court may stay arbitration and review a determination or
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temporary award under this section.
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(7) This section supplements remedies available under a law of this state, other than this
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chapter, for the protection of victims of domestic violence, family violence, stalking,
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harassment, or similar abuse.
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Section 12. Section 81-15-112 is enacted to read:
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81-15-112 . Powers and duties of arbitrator.
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(1)(a) An arbitrator shall conduct an arbitration in a manner the arbitrator considers
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appropriate for a fair and expeditious disposition of the dispute.
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(b) An arbitrator may conduct an arbitration remotely by electronic means.
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(2) An arbitrator shall provide each party a right to:
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(a) be heard;
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(b) present evidence material to the family law dispute; and
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(c) cross-examine witnesses.
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(3) Unless the parties otherwise agree in a record, an arbitrator's powers include the power
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to:
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(a) select the rules for conducting the arbitration;
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(b) hold conferences with the parties before a hearing;
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(c) determine the date, time, and place of a hearing;
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(d) require a party to provide:
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(i) a copy of a relevant court order;
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(ii) information required to be disclosed in a family law proceeding under a law of
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this state, other than this chapter; and
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(iii) a proposed award that addresses each issue in arbitration;
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(e) meet with or interview a minor child who is the subject of a child-related dispute;
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(f) appoint a private expert at the expense of the parties;
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(g) administer an oath or affirmation and issue a subpoena for the attendance of a
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witness or the production of documents and other evidence at a hearing;
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(h) compel discovery concerning the family law dispute and determine the date, time,
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and place of discovery;
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(i) determine the admissibility and weight of evidence;
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(j) permit deposition of a witness for use as evidence at a hearing;
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(k) prohibit a party from disclosing information for good cause;
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(l) appoint an attorney, guardian ad litem, or other representative for a minor child at the
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expense of the parties;
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(m) impose a procedure to protect a party or minor child from risk of harm, harassment,
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or intimidation;
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(n) allocate arbitration fees, attorney fees, expert witness fees, and other costs to the
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parties; and
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(o) impose a sanction on a party for bad faith or misconduct during the arbitration
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according to standards governing imposition of a sanction for litigant misconduct in a
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family law proceeding.
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(4) An arbitrator may not allow ex parte communication except to the extent allowed in a
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family law proceeding for communication with a judge.
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Section 13. Section 81-15-113 is enacted to read:
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81-15-113 . Recording of hearing.
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(1) Except as otherwise provided in Subsection (2) or as required by a law of this state other
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than this chapter, an arbitration hearing does not need to be recorded unless required by
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the arbitrator, provided by the arbitration agreement, or requested by a party.
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(2) An arbitrator shall request a verbatim recording be made of any part of an arbitration
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hearing concerning a child-related dispute.
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Section 14. Section 81-15-114 is enacted to read:
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81-15-114 . Award.
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(1) An arbitrator shall make an award in a record, dated and signed by the arbitrator.
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(2) The arbitrator shall give notice of the award to each party by a method agreed on by the
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parties or, if the parties have not agreed on a method, under the law and procedural rules
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of this state, other than this chapter, governing notice in contractual arbitration.
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(3) Except as otherwise provided in Subsection (4), the award under this chapter shall state
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the reasons on which the award is based unless otherwise agreed by the parties.
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(4) An award determining a child-related dispute shall state the reasons on which the award
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is based as required by a law of this state, other than this chapter, for a court order in a
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family law proceeding.
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(5) An award under this chapter is not enforceable as a judgment until confirmed under
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Section 81-15-115.
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Section 15. Section 81-15-115 is enacted to read:
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81-15-115 . Confirmation of award.
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(1) After an arbitrator gives notice under Subsection 81-15-114(2) of an award, including
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an award corrected under Section 81-15-116, a party may move the court for an order
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confirming the award.
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(2) Except as otherwise provided in Subsection (3), the court shall confirm an award under
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this chapter if:
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(a) the parties agree in a record to confirmation; or
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(b) the time has expired for making a motion, and no motion is pending, under Section
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81-15-117 or 81-15-118.
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(3) If an award determines a child-related dispute, the court shall confirm the award under
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Subsection (2) if the court finds, after a review of the record if necessary, that the award
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on the award's face:
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(a) complies with Section 81-15-114 and the law of this state, other than this chapter,
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governing a child-related dispute; and
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(b) is in the best interests of the minor child.
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(4) On confirmation, an award under this chapter is enforceable as a judgment.
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Section 16. Section 81-15-116 is enacted to read:
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81-15-116 . Correction by arbitrator of unconfirmed award.
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On a motion of a party that is made no later than 30 days after the day on which an
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arbitrator gives notice under Subsection 81-15-114(2) of an award, the arbitrator may correct
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the award:
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(1) if the award has an evident mathematical miscalculation or an evident mistake in the
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description of a person, thing, or property;
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(2) if the award is imperfect in a matter of form not affecting the merits on the issues
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submitted; or
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(3) to clarify the award.
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Section 17. Section 81-15-117 is enacted to read:
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81-15-117 . Correction by court of unconfirmed award.
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(1) On a motion of a party that is made no later than 90 days after the day on which an
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arbitrator gives notice under Subsection 81-15-114(2) of an award, including an award
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corrected under Section 81-15-116, the court shall correct the award if:
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(a) the award has an evident mathematical miscalculation or an evident mistake in the
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description of a person, thing, or property;
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(b) the award is imperfect in a matter of form not affecting the merits of the issues
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submitted; or
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(c) the arbitrator made an award on a dispute not submitted to the arbitrator and the
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award may be corrected without affecting the merits of the issues submitted.
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(2) A motion under this section to correct an award may be joined with a motion to vacate
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or amend the award under Section 81-15-118.
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(3) Unless a motion under Section 81-15-118 is pending, the court may confirm a corrected
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award under Section 81-15-115.
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Section 18. Section 81-15-118 is enacted to read:
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81-15-118 . Vacation or amendment by court of unconfirmed award.
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(1) On a motion of a party, the court shall vacate an unconfirmed award if the moving party
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establishes that:
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(a) the award was procured by corruption, fraud, or other undue means;
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(b) there was:
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(i) evident partiality by the arbitrator;
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(ii) corruption by the arbitrator; or
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(iii) misconduct by the arbitrator substantially prejudicing the rights of a party;
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(c) the arbitrator refused to postpone a hearing on showing of sufficient cause for
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postponement, refused to consider evidence material to the controversy, or otherwise
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conducted the hearing contrary to Section 81-15-112, so as to prejudice substantially
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the rights of a party;
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(d) the arbitrator exceeded the arbitrator's powers;
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(e) no arbitration agreement exists, unless the moving party participated in the
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arbitration without making a motion under Section 81-15-106 no later than the
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beginning of the first arbitration hearing; or
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(f) the arbitration was conducted without proper notice under Section 81-15-105 of the
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initiation of arbitration, so as to prejudice substantially the rights of a party.
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(2) Except as otherwise provided in Subsection (3), on a motion of a party, the court shall
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vacate an unconfirmed award that determines a child-related dispute if the moving party
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establishes that:
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(a) the award does not comply with Section 81-15-114 or a law of this state, other than
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this chapter, governing a child-related dispute or is contrary to the best interests of
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the minor child;
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(b) the record of the hearing or the statement of reasons in the award is inadequate for
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the court to review the award; or
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(c) a ground for vacating the award under Subsection (1) exists.
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(3) If an award is subject to vacation under Subsection (2)(a), on a motion of a party, the
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court may amend the award if amending rather than vacating is in the best interests of
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the minor child.
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(4) The court shall determine a motion under Subsection (2) or (3) based on the record of
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the arbitration hearing and facts occurring after the hearing.
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(5) A motion under this section to vacate or amend an award shall be filed no later than 90
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days after the day on which:
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(a) an arbitrator gives the party filing the motion notice of the award or a corrected
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award; or
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(b) for a motion under Subsection (1)(a), the ground of corruption, fraud, or other undue
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means is known or by the exercise of reasonable care should have been known to the
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party filing the motion.
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(6)(a) If the court under this section vacates an award for a reason other than the absence
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of an enforceable arbitration agreement, the court may order a rehearing before an
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arbitrator.
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(b) If the reason for vacating the award is that the award was procured by corruption,
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fraud, or other undue means or there was evident partiality, corruption, or misconduct
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by the arbitrator, the rehearing shall be before another arbitrator.
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(7) If the court under this section denies a motion to vacate or amend an award, the court
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may confirm the award under Section 81-15-115 unless a motion is pending under
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Section 81-15-117.
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Section 19. Section 81-15-119 is enacted to read:
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81-15-119 . Clarification of confirmed award.
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If the meaning or effect of an award confirmed under Section 81-15-115 is in dispute,
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the parties may:
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(1) agree to arbitrate the dispute before the original arbitrator or another arbitrator; or
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(2) proceed in court under a law of this state, other than this chapter, governing clarification
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of a judgment in a family law proceeding.
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Section 20. Section 81-15-120 is enacted to read:
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81-15-120 . Judgment on award.
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(1) On granting an order confirming, vacating without directing a rehearing, or amending
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an award under this chapter, the court shall enter judgment in conformity with the order.
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(2) On a motion of a party, the court shall order that a document or part of the arbitration
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record be sealed or redacted to prevent public disclosure of all or part of the record or
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award to the extent permitted under a law of this state other than this chapter.
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Section 21. Section 81-15-121 is enacted to read:
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81-15-121 . Modification of confirmed award or judgment.
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If a party requests under a law of this state, other than this chapter, a modification of an
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award confirmed under Section 81-15-115 or judgment on the award based on a fact occurring
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after confirmation:
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(1) the parties shall proceed under the dispute-resolution method specified in the award or
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judgment; or
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(2) if the award or judgment does not specify a dispute-resolution method, the parties may:
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(a) agree to arbitrate the modification before the original arbitrator or another arbitrator;
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or
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(b) absent an agreement under Subsection (2)(a), proceed under a law of this state, other
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than this chapter, governing modification of a judgment in a family law proceeding.
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Section 22. Section 81-15-122 is enacted to read:
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81-15-122 . Enforcement of confirmed award.
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(1) The court shall enforce an award confirmed under Section 81-15-115, including a
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temporary award, in the manner and to the same extent as any other order or judgment
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of a court.
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(2) The court shall enforce an arbitration award in a family law dispute confirmed by a
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court in another state in the manner and to the same extent as any other order or
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judgment from another state.
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Section 23. Section 81-15-123 is enacted to read:
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81-15-123 . Appeal.
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(1) An appeal may be taken under this chapter from:
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(a) an order denying a motion to compel arbitration;
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(b) an order granting a motion to stay arbitration;
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(c) an order confirming or denying confirmation of an award;
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(d) an order modifying or correcting an award;
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(e) an order vacating an award without directing a rehearing; or
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(f) a final judgment entered in accordance with this chapter.
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(2) An appeal under this section shall be taken as from an order or a judgment in a civil
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action.
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Section 24. Section 81-15-124 is enacted to read:
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81-15-124 . Immunity of arbitrator.
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(1) An arbitrator or arbitration organization acting in that capacity in a family law dispute is
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immune from civil liability to the same extent as a judge of a court of this state acting in
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a judicial capacity.
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(2) The immunity provided by this section supplements any immunity under a law of this
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state other than this chapter.
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(3) An arbitrator's failure to make a disclosure required by Section 81-15-108 does not
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cause the arbitrator to lose immunity under this section.
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(4)(a) An arbitrator is not competent to testify, and may not be required to produce
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records, in a judicial, administrative, or similar proceeding about a statement,
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conduct, decision, or ruling occurring during an arbitration, to the same extent as a
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judge of a court of this state acting in a judicial capacity.
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(b) This Subsection (4) does not apply:
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(i) to the extent disclosure is necessary to determine a claim by the arbitrator or
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arbitration organization against a party to the arbitration; or
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(ii) to a hearing on a motion under Subsection 81-15-118(1)(a) or (b) to vacate an
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award if there is prima facie evidence that a ground for vacating the award exists.
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(5) If a person commences a civil action against an arbitrator arising from the services of
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the arbitrator or seeks to compel the arbitrator to testify or produce records in violation
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of Subsection (4) and the court determines that the arbitrator is immune from civil
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liability or is not competent to testify or required to produce the records, the court shall
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award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.
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Section 25. Section 81-15-125 is enacted to read:
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81-15-125 . Uniformity of application and construction.
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In applying and construing this chapter, consideration must be given to the need to
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promote uniformity of the law with respect to this uniform law's subject matter among states
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that enact this uniform law.
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Section 26. Section 81-15-126 is enacted to read:
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81-15-126 . Relation to Electronic Signatures in Global and National Commerce
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Act.
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This chapter modifies, limits, or supersedes the Electronic Signatures in Global and
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National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
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Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of
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the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
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Section 27. Section 81-15-127 is enacted to read:
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81-15-127 . Transitional provision.
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(1) This chapter applies to arbitration of a family law dispute under an arbitration
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agreement made on or after May 7, 2025.
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(2) If an arbitration agreement was made before May 7, 2025, the parties may agree in a
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record that this chapter applies to the arbitration.
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Section 28. Effective Date.
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This bill takes effect on May 7, 2025.
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