Utah Code » Title 78B, Chapter 11 — Utah Uniform Arbitration Act
Utah Code

Utah Code § 78B-11-122 (2026)

Remedies -- Fees and expenses of arbitration proceeding

✓ current as of May 2026
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An arbitrator may award punitive damages or other exemplary relief if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
An arbitrator may award reasonable attorney fees and other reasonable expenses of arbitration if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
As to all remedies other than those authorized by Subsections (1) and (2), an arbitrator may order any remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under Section 78B-11-123 or for vacating an award under Section 78B-11-124.
An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
If an arbitrator awards punitive damages or other exemplary relief under Subsection (1), the arbitrator shall specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief.
Notes of Decisions
Cited in 4 cases, 2016–2020 · leading case: Westgate Resorts, Ltd. v. Adel, 378 P.3d 93 (Utah 2016).
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Westgate Resorts, Ltd. v. Adel, 378 P.3d 93 (Utah 2016). · cites it 2× “§ 78B-11-122 (emphasis added). 18 Seeking further support for the narrow interpretation, we turn to the statute's legislative history but find it unhelpful, The relevant language was passed in 2002 and was taken almost word for word from the 2000 Revised Uniform Arbitration Act,…”
Hitorq v. TCC Veterinary Servs., 2020 UT App 123 (Utah Ct. App. 2020). “§ 78B-11-122(3) (2018) (explaining that other than awards of punitive damages and attorney fees, “an arbitrator may order any remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding”).”
ECO Box Fabricators v. Zweigle, 2020 UT App 133 (Utah Ct. App. 2020). · cites it 2× “Under Utah Code section 78B-11-122, an arbitrator has the authority to “order any remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding,” and the “fact that a remedy could not or would not be granted by the court is not a…”
Westgate v. Adel & Consum. Prot., 2016 UT 2 (Utah 2016). · cites it 4× “§ 78B-11-122 (emphasis added). ¶18 Seeking further support for the narrow interpretation, we turn to the statute’s legislative history but find it unhelpful.”
— Utah Code § 78B-11-122(2) — 2 cases
Westgate Resorts, Ltd. v. Adel, 378 P.3d 93 (Utah 2016). “§ 78B-11-122 (emphasis added). 18 Seeking further support for the narrow interpretation, we turn to the statute's legislative history but find it unhelpful, The relevant language was passed in 2002 and was taken almost word for word from the 2000 Revised Uniform Arbitration Act,…”
Westgate v. Adel & Consum. Prot., 2016 UT 2 (Utah 2016). “§ 78B-11-122 (emphasis added). ¶18 Seeking further support for the narrow interpretation, we turn to the statute’s legislative history but find it unhelpful.”
— Utah Code § 78B-11-122(3) — 1 case
Hitorq v. TCC Veterinary Servs., 2020 UT App 123 (Utah Ct. App. 2020). “§ 78B-11-122(3) (2018) (explaining that other than awards of punitive damages and attorney fees, “an arbitrator may order any remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding”).”
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