§ 1865.Immunity of Arbitrator

Section 1865 shields arbitrators from the kind of liability that might otherwise chill their willingness to decide cases. An arbitrator or arbitration organization acting in that role is immune from civil liability to the same extent as an Oklahoma judge acting in a judicial capacity, and that immunity adds to whatever protection other law already provides. Failing to make a disclosure required by Section 1863 doesn't cost the arbitrator this immunity.

The same judge-like protection extends to testimony: an arbitrator or a representative of an arbitration organization can't be forced to testify, or to produce records, about any statement, conduct, decision, or ruling made during the arbitration -- with two exceptions, for a claim the arbitrator or organization brings against a party, and for a hearing on a motion to vacate an award under Section 1874(A)(1) or (2) where the party seeking vacatur makes a prima facie showing that a ground exists. If someone sues an arbitrator, organization, or representative over their arbitration services, or tries to compel testimony or records in violation of these protections, and the court finds the immunity or testimonial protection applies, the court must award the arbitrator, organization, or representative reasonable attorney fees and other litigation expenses.