Grimmer & Associates v. NRLA
Grimmer & Associates v. NRLA, 2024 UT App 131 (Luthy, J.)
Arbitration
After a fee dispute between a law firm and its client (NRLA), the parties went to arbitration. The arbitrator issued an award in favor of the law firm. The law firm petitioned the district court for an order confirming the arbitration award, and NRLA moved to vacate the award. The district court confirmed the arbitration award but denied the firm’s request for fees and expenses. The Utah Court of Appeals affirmed, holding:
- The district court did not err in confirming the arbitration award because the arbitrator did not exceed her authority in making the award.
- The district court did not abuse its discretion in declining to award the law firm its costs and fees.
- Practice Tip: Trial courts enjoy “nearly untethered discretion when considering applications for fees and costs in post-arbitration judicial proceedings.”
- Judicial Tip: If an arbitration agreement’s choice of law provision is at least arguably ambiguous, and the arbitrator applies an arguably reasonable construction of the provision, then the district court should not disturb the resulting award.