WVC 55 - 10 - 16
§55-10-16. Immunity of arbitrator; competency to testify;
attorney's fees and costs.
(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 fourteen of this article does not cause any loss of
immunity under this section.
(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 does not
(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
(2) To a hearing on a motion to vacate an award under section
twenty-five of this article if the moving party 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 attorneys' fees and other reasonable
expenses of litigation.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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