Who is an arbitrator? A study into the issue of immunity

Citation

Yu H (2009) Who is an arbitrator? A study into the issue of immunity. International Arbitration Law Review, 12 (2), pp. 3-10.

Abstract
Reviews the importance of judicial immunity from negligence actions in the UK and US, considers the extent to which such immunity also extends to arbitrators and reflects on the basis for such an extension. Evaluates the possible contractual basis for arbitrator immunity under an agency relationship with the parties and the arguments for arbitrator immunity based upon their quasi-juridical role. Assesses the extent to which the theories are borne out by UK and US cases involving questions of arbitrator immunity.

Keywords
Agency; Arbitrators; Comparative law; Immunity from suit; International commercial arbitration; Judicial immunity; Negligence; United States

Notes
Cases cited: Sutcliffe v Thackrah [1974] A.C. 727 (HL)

Journal
International Arbitration Law Review: Volume 12, Issue 2

People

Professor Hong-Lin Yu

Professor, Law