§ 1865. Immunity of arbitrator
Oklahoma Statutes AnnotatedTitle 12. Civil Procedure
12 Okl.St.Ann. § 1865
§ 1865. Immunity of arbitrator
C. The failure of an arbitrator to make a disclosure required by Section 13 of this act1 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:
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 act2 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.
Credits
Laws 2005, c. 364, § 15, eff. Jan. 1, 2006.
<Former Uniform Arbitration Act (1956) was added at T. 15, § 801, et seq. and repealed by Laws 2005, c. 364. § 32, effective January 1, 2006.>
Footnotes
O.S.L.2005, c. 364, § 13 [ Title 12, § 1863].
O.S.L.2005, c. 364, § 24 [ Title 12, § 1874].
12 Okl. St. Ann. § 1865, OK ST T. 12 § 1865
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document |