Exploring the Legal Framework: Arbitrators' Rights, Duties, and Judicial Immunity in International Commercial Arbitration Dispute

Authors

  • Maleek Mukhtar Advocate High Courts of Pakistan
  • Abdul Wahab Ahmad Advocate High Courts of Pakistan

Keywords:

Arbitrators' Rights, Duties, and Judicial Immunity, International Commercial Arbitration Dispute

Abstract

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

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Published

31.07.2024

How to Cite

Maleek Mukhtar, & Abdul Wahab Ahmad. (2024). Exploring the Legal Framework: Arbitrators’ Rights, Duties, and Judicial Immunity in International Commercial Arbitration Dispute. PAKISTAN JOURNAL OF LAW, ANALYSIS AND WISDOM, 3(7), 51–57. Retrieved from http://pjlaw.com.pk/index.php/Journal/article/view/v3i7-51-57

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