Okla. Stat. tit. 12, § 12-1865
This is the official text of Okla. Stat. tit. 12, § 12-1865, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Immunity of arbitrator
Official statutory text
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.
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.
Status: in_force · Read it on the official government site
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