78B-11-115 - Immunity of arbitrator -- Competency to testify -- Attorney fees and costs.
78B-11-115. Immunity of arbitrator -- Competency to testify -- Attorney fees andcosts.
(1) An arbitrator or an arbitration organization acting in that capacity is immune fromcivil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(2) The immunity afforded by this section supplements any immunity under other law.
(3) The failure of an arbitrator to make a disclosure required by Section 78B-11-113 doesnot cause any loss of immunity under this section.
(4) In a judicial, administrative, or similar proceeding, an arbitrator or representative ofan arbitration organization is not competent to testify, and may not be required to producerecords as to any statement, conduct, decision, or ruling occurring during the arbitrationproceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This Subsection (4) does not apply:
(a) to the extent necessary to determine the claim of an arbitrator, arbitrationorganization, or representative of the arbitration organization against a party to the arbitrationproceeding; or
(b) to a hearing on a motion to vacate an award under Subsection 78B-11-124(1)(a) or(b) if the movant establishes prima facie evidence that a ground for vacating the award exists.
(5) If a person commences a civil action against an arbitrator, arbitration organization, orrepresentative 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 ofan arbitration organization to testify or produce records in violation of Subsection (4), and thecourt decides that the arbitrator, arbitration organization, or representative of an arbitrationorganization is immune from civil liability or that the arbitrator or representative of theorganization is not competent to testify, the court shall award to the arbitrator, organization, orrepresentative reasonable attorney fees and other reasonable expenses of litigation.
Renumbered and Amended by Chapter 3, 2008 General Session