Minnesota Legislature
SF 3812
as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:22am
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A bill for an act
relating to civil actions; expanding arbitration immunity provisions to include
arbitration organizations; amending Minnesota Statutes 2018, section 572B.14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 572B.14, is amended to read:
572B.14 IMMUNITY OF ARBITRATOR; COMPETENCY TO TESTIFY;
ATTORNEY FEES AND COSTS.
(a) An arbitrator new text begin or an arbitration organization acting in that capacity new text end is immune from
civil liability to the same extent as a judge of a court in this state acting in a judicial capacity.
(b) The immunity afforded by this section supplements any other immunity.
(c) If an arbitrator does not make a disclosure required by section 572B.12, the
nondisclosure does not cause a loss of immunity under this section.
(d) In any judicial, administrative, or similar proceeding, an arbitrator new text begin or representative
of an arbitration organization new text end is not competent to testify deleted text begin ordeleted text end new text begin and must not benew text end 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 deleted text begin subsectiondeleted text end new text begin paragraphnew text end does not apply:
(1) to the extent necessary to determine the claim of an arbitratornew text begin , arbitration organization,
or representative of an arbitration organizationnew text end against a party to the arbitration proceeding;
or
(2) if a party to the arbitration proceeding files a motion to vacate an award under section
572B.23, deleted text begin subsectiondeleted text end new text begin paragraphnew text end (a)new text begin , clause new text end (1) or (2), and establishes prima facie that a
ground for vacating the award exists.
(e) If a person commences a civil action against an arbitratornew text begin , arbitration organization,
or representative of an arbitration organizationnew text end arising from the services of the arbitratornew text begin ,
organization, or representative,new text end or if a person seeks to compel an arbitrator new text begin or representative
of an arbitration organization new text end to testify new text begin or produce records new text end in violation of deleted text begin subsectiondeleted text end new text begin
paragraphnew text end (d), and the court decides that the arbitratornew text begin , arbitration organization, or
representative of the arbitration organizationnew text end is immune from civil liability or that the
arbitrator new text begin or representative of the arbitration organization new text end is incompetent to testify, the court
shall award to the arbitratornew text begin , organization, or representativenew text end reasonable attorney fees and
other reasonable expenses of litigation.