15. Immunity of arbitrator; competency to testify; attorney fees and costs. (a) Immunity.-- An arbitrator or an arbitration organization acting in that capacity is immune from
Pennsylvania Consolidated Statutes
Section: 732115
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 732115
§ 7321.15. Immunity of arbitrator; competency to testify; attorney fees and costs. (a) Immunity.-- 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 Commonwealth acting
in a judicial capacity. (b) Other immunity.-- The immunity afforded by this section supplements any immunity under other law. (c) Failure to disclose.-- The failure of an arbitrator to make a disclosure required by section 7321.13 (relating
to disclosure by arbitrator) does not cause a loss of immunity under this section. (d) Competency to testify.-- 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 Commonwealth
acting in a judicial capacity. This subsection does 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 a motion to vacate an award under section 7321.24(a)(1) or (2) (relating
to vacating award) if the movant establishes prima facie that a ground for vacating
the award exists. (e) Attorney fees and costs.-- 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) and the court upon deciding whether the arbitrator, arbitration
organization or representative of an arbitration organization is immune from civil
liability or whether the arbitrator or representative of the organization is competent
to testify, the court may award to the prevailing party, including the arbitrator,
organization or representative, reasonable attorney fees and other reasonable expenses
of litigation. Cross References. Section 7321.15 is referred to in section 7321.5 of this title.
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