1. (a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), by ordering the drafting party to pay the reasonable expenses, including attorneys’ fees and costs, incurred by the employee or consumer as a result of the material breach.

2. (b) In addition to the monetary sanction described in subsection (a) of this section, the court may order any of the following sanctions against a drafting party that materially breaches an arbitration agreement pursuant to § 10-3-23(a) or § 10-3-24(a), unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust:

   1. (1) An evidence sanction by an order prohibiting the drafting party from conducting discovery in the civil action;

   2. (2) A terminating sanction by one of the following orders:

      1. (i) An order striking out the pleadings or parts of the pleadings of the drafting party;
      2. (ii) An order rendering a judgment by default against the drafting party; and
   3. (3) A contempt sanction by an order finding the drafting party in contempt of court.

History of Section.
P.L. 2024, ch. 445, § 2, effective June 29, 2024; P.L. 2024, ch. 446, § 2, effective June 29, 2024.