[§658A-14]  Immunity of arbitrator;
competency to testify; attorney's fees and costs.  (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 658A-12 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 shall 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; or



(2)  To a hearing on a motion to vacate an award under
section 658A-23(a)(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), 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's fees and
other reasonable expenses of litigation. [L 2001, c 265, pt of §1]