94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1846


 
Introduced 2/25/2005, by Sen. John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		













710 ILCS 5/4.1 new










    Amends the Uniform Arbitration Act. Provides that an arbitrator acting in that capacity is
immune from civil liability, 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
acting in a judicial capacity. Sets forth exceptions. Provides that the immunity supplements any immunity
under other law. Provides that, if a person commences a civil action against an arbitrator arising from the
services of the arbitrator or if a person
seeks to
compel an arbitrator to
testify
or produce records in violation of the new provisions, the arbitrator is entitled to reasonable attorney's
fees and expenses of litigation.
















LRB094 10682 WGH 41058 b

















 


 


A BILL FOR









 











SB1846

LRB094 10682 WGH 41058 b






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    AN ACT concerning arbitration.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Uniform Arbitration Act is amended  by adding 
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Section 4.1 as follows:
 
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    (710 ILCS 5/4.1  new)
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    Sec. 4.1. Immunity of arbitrator.
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    (a) An arbitrator acting in that capacity is
immune from 
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civil liability to the same extent as a judge of a court of 
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this
State
acting in a judicial capacity.

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    (b) The immunity afforded by this Section supplements any 
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immunity
under other law.

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    (c) In a judicial, administrative, or similar proceeding, 
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an arbitrator is not competent to testify, and
may not be 
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required to produce records as to any statement, conduct, 
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decision,
or ruling occurring during the arbitration 
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proceeding, to the same extent as a
judge of a court of this 
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State acting in a judicial capacity. This subsection
does
not 
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apply:


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        (1) to the extent necessary to determine the claim of 
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    an arbitrator
against a party to the arbitration 
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    proceeding; or


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        (2) to a hearing on a motion to vacate an award under 
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    Section 12(a)(1) or
(2) if the movant establishes prima 
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    facie that a ground for vacating the
award
exists.


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    (d) If a person commences a civil action against an 
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arbitrator arising from the
services of the arbitrator or if a 
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person
seeks to
compel an arbitrator to
testify
or produce 
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records in violation of subsection (c), and the court decides 
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that
the
arbitrator is immune from civil liability or that the 
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arbitrator is not competent to testify, the court shall
award 
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to the arbitrator reasonable attorney's
fees and other 
 


 






SB1846
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LRB094 10682 WGH 41058 b




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reasonable expenses of litigation.