North Dakota Code 32-29.4-24 – Immunity of arbitrator
1. 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 North Dakota Code 32-29.4-24
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Testify: Answer questions in court.
- Testify: includes every mode of oral statement under oath or affirmation. See North Dakota Code 1-01-49
2. The immunity provided by this section supplements any immunity under law of this state other than this chapter.
3. An arbitrator’s failure to make a disclosure required by section 32-29.4-08 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 an arbitration, to the same extent as a judge of a court of this state acting in a judicial capacity. This section 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 subdivision a or b of subsection 1 of section 32-29.4-18 to vacate an award, if there is prima facie evidence 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 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’s fees, costs, and reasonable expenses of litigation.