(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.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 29-5-315

  • Arbitration organization: means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator. See Tennessee Code 29-5-302
  • Arbitrator: means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate. See Tennessee Code 29-5-302
  • Court: means a court of competent jurisdiction in this state. See Tennessee Code 29-5-302
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: means an individual. See Tennessee Code 29-5-302
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Testify: Answer questions in court.
(b) The immunity afforded by this section supplements immunity afforded under other law.
(c) The failure of an arbitrator to make a disclosure required by § 29-5-313 does not cause a 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 is not required to produce records as to statements, conduct, decisions, or rulings 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 (d) 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 § 29-5-324(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, then the court must award to the arbitrator, organization, or representative reasonable attorney’s fees and other reasonable expenses of litigation.
  Previous section
Next section  
 Part 3 Contents