| | |
there is a panel of arbitrators deciding a case and all the | | arbitrators on the panel must conduct the hearing. |
|
| | | §8714.__Immunity of arbitrator; competency to testify; | | attorney's |
|
| | | 1.__Immune from civil liability.__An arbitrator or an | | arbitration organization acting in that capacity is immune | | from civil liability to the same extent as a judge of a court | | of this State acting in a judicial capacity. |
|
| | | 2.__Supplements.__The immunity afforded by this section | | supplements any immunity under other law. |
|
| | | 3.__Failure to disclose.__The failure of an arbitrator to | | make a disclosure required by section 8712 does not cause any | | loss of immunity under this section. |
|
| | | 4.__Incompetent to testify, produce records.__In a judicial, | | administrative or similar proceeding, an arbitrator or | | representative of an arbitration organization is not competent | | to testify and may not be required to produce records as to | | any statement, conduct, decision or ruling occurring during | | the arbitration proceeding to the same extent as a judge of a | | court of this State acting in a judicial capacity. This | | subsection does not apply: |
|
| | | A.__To the extent necessary to determine the claim of an | | arbitrator, arbitration organization or representative of | | the arbitration organization against a party to the | | arbitration proceeding; or |
|
| | | B.__To a hearing on a motion to vacate an award under | | section 8723, subsection 1, paragraph A or B if the movant | | establishes prima facie that a ground for vacating the | | award exists. |
|
| | | 5.__Attorney's fees and expenses.__If a person commences a | | civil action against an arbitrator, arbitration organization | | or representative of an arbitration organization arising from | | the services of the arbitrator, organization or representative | | or if a person seeks to compel an arbitrator or a | | representative of an arbitration organization to testify or | | produce records in violation of subsection 4 and the court | | decides that the arbitrator, arbitration organization or | | representative of the | | arbitration organization is immune from civil liability or | | that the arbitrator or representative of the organization is | | not competent to testify, the court shall award to the | | arbitrator, |
|
|