Arizona Laws 12-3014. Immunity of arbitrator; competency to testify; attorney fees and litigation expenses
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.
Terms Used In Arizona Laws 12-3014
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Arbitration organization: means an association, agency, board, commission or other entity that is neutral and that initiates, sponsors or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Arizona Laws 12-3001
- Arbitrator: means an individual who is appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Arizona Laws 12-3001
- Court: means a court of competent jurisdiction in this state. See Arizona Laws 12-3001
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government or governmental subdivision, agency or instrumentality or public corporation or any other legal or commercial entity. See Arizona Laws 12-3001
- Testify: includes every manner of oral statement under oath or affirmation. See Arizona Laws 1-215
- Testify: Answer questions in court.
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.