§ 1865 Immunity of arbitrator

Codes > Oklahoma Statutes > Title 12 > Chapter 38B > 1865

§ 1865. Immunity of arbitrator

   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 13 of this act [FN1] shall not cause any loss of immunity under this action.

   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 shall 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 an application and motion to vacate an award under paragraph 1 or 2 of subsection A of Section 24 of this act [FN2] 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.

   [FN1] O.S.L.2005, c. 364, § 13 [ Title 12, § 1863].

   [FN2] O.S.L.2005, c. 364, § 24 [ Title 12, § 1874].

   Former Uniform Arbitration Act (1956) was added at T. 15, § 801, et seq. and repealed by Laws 2005, c. 364. § 32, effective January 1, 2006.