|
| 7. In Section 14(d)(2) only a "party"to the arbitration |
| proceeding would file a motion to vacate under Section 23(a)(1) |
| or (2). However, the term "person" is used in Section 14(e) |
| because a third party, i.e., a person who is not party to the |
| arbitration agreement or the arbitration proceeding, might bring |
| an action against an arbitrator. For instance, in multiple |
| arbitration proceedings with subcontractors filing separate |
| arbitration claims against general contractor X, Arbitrator A |
| may make an award in a case between general contractor X and |
| subcontractor Y. In a later arbitration proceeding between |
| general contractor X and subcontractor Z before Arbitrator B, Z |
| may attempt to subpoena testimony or records from Arbitrator A |
| in the prior proceeding. Another possible scenario occurs when |
| Arbitrator A issues a subpoena to T, a third party, and T |
| decides to bring an action against Arbitrator A. In these |
| instances, Arbitrator A should be able to assert arbitral |
| immunity and recover costs and attorney's fees under Section |
| 14(e) against Z or T who would be "persons" but not necessarily |
| "parties" to the arbitration proceeding between X and Y. |
