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there is a panel of arbitrators deciding a case and all the | arbitrators on the panel must conduct the hearing. |
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| §8714.__Immunity of arbitrator; competency to testify; | attorney's |
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| | 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. |
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| | 2.__Supplements.__The immunity afforded by this section | supplements any immunity under other law. |
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| | 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. |
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| | 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: |
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| 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 |
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| 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. |
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| | 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, |
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