The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity
Article from: TDM 5 (2005), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
This Article explores an arbitrator's immunity from liability and ultimately proposes the proper scope of arbitrator immunity. Part I analyzes the basis of arbitrator liability. Part II discusses the roots and purposes behind arbitrator immunity. Part III makes a comparative analysis of different legal systems' scope of arbitrator liability and immunity. Part IV addresses which substantive law is applicable to the issue of an arbitrator's liability. Finally, Part V discusses the proper role of immunity and proposes a model statute to expressly define the scope of arbitrator ...