State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_14

§ 1‑569.14.  Immunity ofarbitrator; competency to testify; attorneys' fees and costs.

(a)        An arbitrator or anarbitration organization acting in that capacity is immune from civil liabilityto the same extent as a judge of a court of this State acting in a judicialcapacity.

(b)        The immunityafforded by this section supplements any immunity under other law.

(c)        The failure of anarbitrator to make a disclosure required by G.S. 1‑569.12 shall not causeany loss of immunity under this section.

(d)        In a judicial,administrative, or similar proceeding, an arbitrator or representative of anarbitration organization is not competent to testify and shall not be requiredto produce records as to any statement, conduct, decision, or ruling occurringduring the arbitration proceeding to the same extent as a judge of a court ofthis State acting in a judicial capacity. This subsection shall not apply:

(1)        To the extentnecessary to determine the claim of an arbitrator, arbitration organization, orrepresentative of the arbitration organization against a party to thearbitration proceeding; or

(2)        To a hearing on amotion to vacate an award under G.S. 1‑569.23(a)(1) or (a)(2) if themovant makes a prima facie showing that a ground for vacating the award exists.

(e)        If a personcommences a civil action against an arbitrator, arbitration organization, orrepresentative of an arbitration organization arising from the services of thearbitrator, organization, or representative, or if a person seeks to compel anarbitrator or a representative of an arbitration organization to testify orproduce records in violation of subsection (d) of this section, and the courtdecides that the arbitrator, arbitration organization, or representative of anarbitration organization is immune from civil liability or that the arbitratoror representative of the organization is not competent to testify, the courtshall award to the arbitrator, organization, or representative reasonableattorneys' fees, costs, and other reasonable expenses of litigation.

(f)         Immunity underthis section shall not apply to acts or omissions that occur with respect tothe operation of a motor vehicle. (2003‑345, s. 2.)