Montana Code 40-16-125. Immunity of arbitrator
40-16-125. Immunity of arbitrator. (1) (a) An arbitrator or arbitration organization acting in that capacity in a family law dispute 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 Montana Code 40-16-125
- Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration or is involved in the selection of an arbitrator. See Montana Code 40-16-102
- Arbitrator: means an individual selected, alone or with others, to make an award in a family law dispute that is subject to an arbitration agreement. See Montana Code 40-16-102
- Court: means the district court. See Montana Code 40-16-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Family law dispute: means a contested issue arising under Title 40. See Montana Code 40-16-102
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Party: means an individual who signs an arbitration agreement and whose rights will be determined by an award. See Montana Code 40-16-102
- Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity. See Montana Code 40-16-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 40-16-102
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
(b)The civil immunity provisions of this subsection (1) do not apply to a person employed by or an entity operated by the state or a political subdivision of the state.
(2)The immunity provided by this section supplements any immunity under law of this state.
(3)An arbitrator’s failure to make a disclosure required by 40-16-109 does not cause the arbitrator to lose immunity under this section.
(4)An arbitrator is not competent to testify, and may not be required to produce records, in a judicial, administrative, or similar proceeding about a statement, conduct, decision, or ruling occurring during arbitration, to the same extent as a judge of a court of this state acting in judicial capacity. This subsection does not apply:
(a)to the extent disclosure is necessary to determine a claim by the arbitrator or arbitration organization against a party to the arbitration; or
(b)to a hearing on a motion under 40-16-119(1)(a) or (1)(b) to vacate an award, if there is prima facie evidence that a ground for vacating the award exists.
(5)If a person commences a civil action against an arbitrator arising from the services of the arbitrator or seeks to compel the arbitrator to testify or produce records in violation of subsection (4) and the court determines that the arbitrator is immune from civil liability or is not competent to testify or required to produce the records, the court shall award the arbitrator reasonable attorney fees, costs, and reasonable expenses of litigation.