(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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