Abstract

http://ssrn.com/abstract=821104
 


 



The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity


Susan D. Franck


Washington and Lee University - School of Law


New York Law School Journal of International and Comparative Law, Vol. 20, No. 1, 2000

Abstract:     
International arbitration has become the preferred way of resolving international commercial disputes. Although the parties have an opportunity to play a role in the selection of arbitrators, there may nevertheless be concerns about the integrity of the dispute resolution process. This article examines the nature of the relationship between the parties and the arbitrators. It then explores how a variety of countries address the issues of arbitrator liability or immunity from the common law, civil law and Islamic law perspectives. The article ultimately recommends the adoption of a qualified immunity standard, which balances the needs for arbitrators to function independently and render just decisions that apply the law to the facts without concern for personal repraisal against the need to avoid bad-faith conduct by arbitrators who do not wish to follow the rule of law. Such a balance will appropriately instill confidence in the decision-making process, render arbitrators accountable in appropriate circustances and promote arbitration's justice promoting objectives.

Number of Pages in PDF File: 59

Keywords: International, arbitration, dispute resolution, immunity, liability, professional code of conduct, comparative law

JEL Classification: K12, K29, F23, K13, K41, K52, K33

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Date posted: October 19, 2005  

Suggested Citation

Franck, Susan D., The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity. New York Law School Journal of International and Comparative Law, Vol. 20, No. 1, 2000. Available at SSRN: http://ssrn.com/abstract=821104

Contact Information

Susan D. Franck (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
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