32-29.3-14. Immunity of arbitrator - Competency to testify - Attorney's fees and costs.
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/nd/title-32/chapter-32-29-3-uniform-arbitration-act/32-29-3-14·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. 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.
2. The immunity afforded by this section supplements any immunity under other law.
3. The failure of an arbitrator to make a disclosure required by section 32-29.3-12 does
not cause any loss of immunity under this section.
4. 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 does not apply:
a. 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
b. To a hearing on a motion to vacate an award under subdivision a or b of
subsection 1 of section 32-29.3-23 if the movant establishes prima facie that a
ground for vacating the award exists.
5. 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 4, 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's fees
and other reasonable expenses of litigation.
32-29.3-15. Arbitration process. 1. An arbitrator may conduct an arbitration in such manner as the arbitrator considers
appropriate for a fair and expeditious disposition of the proceeding. The authority
conferred upon the arbitrator includes the power to hold conferences with the parties
to the arbitration proceeding before the hearing and among other matters, determine
the admissibility, relevance, materiality, and weight of any evidence. 2. An arbitrator may decide a request for summary disposition of a claim or particular
issue:
a. If all interested parties agree; or
b. Upon request of one party to the arbitration proceeding if that party gives notice
to all other parties to the proceeding, and the other parties have a reasonable
opportunity to respond. 3. If an arbitrator orders a hearing, the arbitrator shall set a time and place and give
notice of the hearing not less than five days before the hearing begins. Unless a party
to the arbitration proceeding makes an objection to lack or insufficiency of notice not
later than the beginning of the hearing, the party's appearance at the hearing waives
the objection. Upon request of a party to the arbitration proceeding and for good cause
shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing
from time to time as necessary but may not postpone the hearing to a time later than
that fixed by the agreement to arbitrate for making the award unless the parties to the
arbitration proceeding consent to a later date. The arbitrator may hear and decide the
controversy upon the evidence produced although a party who was duly notified of the
arbitration proceeding did not appear. The court, on request, may direct the arbitrator
to conduct the hearing promptly and render a timely decision. 4. At a hearing under subsection 3, a party to the arbitration proceeding has a right to be
heard, to present evidence material to the controversy, and to cross-examine
witnesses appearing at the hearing. 5. If an arbitrator ceases or is unable to act during the arbitration proceeding, a
replacement arbitrator must be appointed in accordance with section 32-29.3-11 to
continue the proceeding and to resolve the controversy.
32-29.3-16. Representation by lawyer. A party to an arbitration proceeding may be represented by a lawyer.
32-29.3-17. Witnesses - Subpoenas - Depositions - Discovery. 1. An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator,
enforced in the manner for enforcement of subpoenas in a civil action. 2. In order to make the proceedings fair, expeditious, and cost-effective, upon request of
a party to or a witness in an arbitration proceeding, an arbitrator may permit a
deposition of any witness to be taken for use as evidence at the hearing, including a
witness who cannot be subpoenaed for or is unable to attend a hearing. The arbitrator
shall determine the conditions under which the deposition is taken. 3. An arbitrator may permit such discovery as the arbitrator decides is appropriate in the
circumstances, taking into account the needs of the parties to the arbitration
proceeding and other affected persons and the desirability of making the proceeding
fair, expeditious, and cost-effective.
4. If an arbitrator permits discovery under subsection 3, the arbitrator may order a party
to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
issue subpoenas for the attendance of a witness and for the production of records and
other evidence at a discovery proceeding, and take action against a noncomplying
party to the extent a court could if the controversy were the subject of a civil action in
this state.
5. An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, and other information protected
from disclosure to the extent a court could if the controversy were the subject of a civil
action in this state.
6. All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action in this
state.
7. The court may enforce a subpoena or discovery-related order for the attendance of a
witness within this state and for the production of records and other evidence issued
by an arbitrator in connection with an arbitration proceeding in another state upon
conditions determined by the court so as to make the arbitration proceeding fair,
expeditious, and cost-effective. A subpoena or discovery-related order issued by an
arbitrator in another state must be served in the manner provided by law for service of
subpoenas in a civil action in this state and, upon motion to the court by a party to the
arbitration proceeding or the arbitrator, enforced in the manner provided by law for
enforcement of subpoenas in a civil action in this state.