LD 1218, Page 53 - 121th Legislature, FIRST REGULAR Session

	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.

8. Section 14 does not grant arbitrators or arbitration
organizations immunity from criminal liability arising from
their conduct in their arbitral or administrative roles. This
comports with the sparse common law addressing arbitral
immunity from criminal liability. See, e.g., Cahn v. ILGWU,
311 F.2d 113, 114-15 (3d Cir. 1962); Babylon Milk & Cream Co.
v. Horowitz, 151 N.Y.S.2d 221 (N.Y. Sup. Ct. 1956).

The provision also draws no distinction between neutral
arbitrators and advocate arbitrators. Both types of
arbitrators are covered by this provision.

§8715. Arbitration process

1.__Manner.__An arbitrator may conduct an arbitration in a
manner the arbitrator considers appropriate for a fair and
expeditious disposition of the proceeding.__The authority
conferred upon the arbitrator includes the power to hold
conferences with the parties to the arbitration proceeding
before the hearing and, among other matters, determine the
admissibility, relevance, materiality and weight of any
evidence.

2.__Summary disposition.__An arbitrator may decide a request
for summary disposition of a claim or particular issue:

A.__If all interested parties agree; or

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