LD 1218
pg. 49
Page 48 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 50 of 94
Download Bill Text
LR 468
Item 1

 
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

 
fees and costs

 
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,


Page 48 of 94 Top of Page Page 50 of 94