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SF 3812

as introduced - 91st Legislature (2019 - 2020) Posted on 03/10/2020 09:22am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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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 beginor an arbitration organization acting in that capacity new text endis 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 beginor representative
of an arbitration organization
new text endis not competent to testify deleted text beginordeleted text endnew 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 beginsubsectiondeleted text endnew 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 organization
new 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 beginsubsectiondeleted text endnew 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 organization
new 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 beginor representative
of an arbitration organization
new text endto testify new text beginor produce records new text endin violation of deleted text beginsubsectiondeleted text endnew text begin
paragraph
new text end (d), and the court decides that the arbitratornew text begin, arbitration organization, or
representative of the arbitration organization
new text end is immune from civil liability or that the
arbitrator new text beginor representative of the arbitration organization new text endis 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.