Exploring the Legal Framework: Arbitrators' Rights, Duties, and Judicial Immunity in International Commercial Arbitration Dispute
Keywords:
Arbitrators' Rights, Duties, and Judicial Immunity, International Commercial Arbitration DisputeAbstract
The primary focus of this article revolves around the framework governing arbitrators, within commercial arbitration. It delves into the aspects of immunity discussing the rights and Duties involved. The article highlights that the role of arbitrators is nuanced and influenced by factors such as arbitration regulations, agreements and national laws. It underlines the distinctions between arbitrators and judges emphasizing the nature of their roles, limited powers and contractual relationships with parties. Furthermore it explores the considerations behind granting immunity to arbitrators analyzing both supporting arguments and opposing viewpoints across legal systems. The paper also addresses issues related to damages and liabilities, for arbitrators within professional realms. Lastly it stresses the significance of having liability coverage to manage risks and instill confidence in the arbitration process.
References
Arenson v Casson Beckmann Rutley & Co (1975) 3 All ER 901
Bremer Schiffbau v South India Shipping Corp Ltd (1981) AC 909
Fouchard Gaillard Goldman on International Commercial Arbitration,
Hoosac Tunnel Dock & Elevator Co v O’Brian, 137 Mass 424 (1884) 426
Julian Lew, Loukas Mistelis and Stefan Kroll, “Comparative International Commercial Arbitration”,
Klaus Lionnet, “The Arbitrator’s Contract”, Arbitration International Volume 15 Number 2 (1999) Page 162
Li, 64 “Arbitration 51 (1998)”
Mustill and Boyd, Commercial Arbitration (1989, 2nd ed.) pp. 220-223
Re-examining Arbitral Immunity in an Age of Mandatory and Professional Arbitration 2007
Rights and Obligations of Arbitrators in the Deliberations Bernhard Berger ASA Bulletin 2013
The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Maleek Mukhtar, Abdul Wahab Ahmad
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.