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16-108-214. Immunity of arbitrator — Competency to testify — Attorney's fees and costs.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-214. 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 damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct.
(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 § 16-108-212 does not cause any loss of qualified 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 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 § 16-108-223(a)(1) or (2) if the movant 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), and the court decid
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-108-214
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c03a5165e3674c7a2515f1377b0b257227931bf87694473aa321f8d85d5e9df4
Source location: content.xml paragraph 43115
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16-108-214. 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 damages for any statement or decision made in connection with or arising out of the conduct of an arbitrator in a dispute resolution process unless the person acted in a manner exhibiting willful or wanton misconduct.
(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 § 16-108-212 does not cause any loss of qualified 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 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 § 16-108-223(a)(1) or (2) if the movant 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), 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.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-212. Disclosure by arbitrator.
(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
(1) a financial or personal interest in the outcome of the arbitration proceeding; and
(2) an existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness, or another arbitrator.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and the arbitration proceeding and to any other arbitrators any facts that the arbitrator learns after accepting appointment which a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under § 16-108-223(a)(2) for vacating an award made by the arbitrator.
(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, the court under § 16-108-223(a)(2) may vacate an award.
(e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party is presumed to act with evident partiality under §
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-212
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-212. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-108-223. Vacating award.
(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) the award was procured by corruption, fraud, or other undue means;
(2) there was:
(A) evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) corruption by an arbitrator; or
(C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) an arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 16-108-215 so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) an arbitrator exceeded the arbitrator's powers;
(5) there was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 16-108-215(c) not later than the beginning of the arbitration hearing; or
(6) the arbitration was conducted without proper notice of the initiation of an arbitration as required in § 16-108-209 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within ninety days after the movant receives notice of the award under § 16-108-219 or within ninety days after the movant receives notice of a modified or corrected award under § 16-108-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety days after the ground is known or, by the exercise of reasonable care would have been known by the movant.
(c) If the court vacates an award on a gr
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-108-223
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-108-223. This identifies an authority to review, not proof of applicability.