Oklahoma § 12-1865 - Immunity of arbitrator

§ 12-1865. 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 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 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.

Added by Laws 2005, c. 364, § 15.