12-3014

12-3014. Immunity of arbitrator; competency to
testify; attorney fees and litigation expenses

(Eff. 1/1/11)

A. 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.

B. The immunity afforded by this section supplements any immunity under other law.

C. The failure of an arbitrator to make a disclosure required by section 12-3012
does not cause any loss of immunity under this section.

D. 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:

1. 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.

2. To a hearing on a motion to vacate an award under section 12-3023, subsection A,
paragraph 1 or 2 if the movant establishes prima facie that a ground for vacating the
award exists.

E. 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 D of this section, and the court decides that the
arbitrator, arbitration organization or representative of an 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, organization or
representative reasonable attorney fees and other reasonable expenses of litigation.