Claims Against Arbitrators For Breach Of Ethical Duties

Abstract

Arbitral immunity is a well-established principle in international arbitration. Arbitral institutions and State courts recognize that arbitrators owe ethical duties to the parties. The common law jurisdictions adopt a functional analysis of the role of arbitrators. The civil law jurisdictions adopt a contractual analysis of the role of arbitrators. The Model Law contains no provision on the liability of an arbitrator for misconduct or error, and so there is no uniform approach to immunity. The International Chamber of Commerce (ICC) Rules, AAA Commercial Arbitration Rules and Mediation Procedures, and the International Centre for the Settlement of Investment Disputes (ICSID) Rules grant blanket immunity, but under the provisions of the latter, ICSID itself may waive the immunity. National arbitration laws or institutional rules may stipulate a requirement to render a timely award or act without unnecessary delay, which forms part of a tribunal's duty to act with due diligence.Keywords:arbitral immunity; arbitrators; civil law; common law jurisdictions; ethical duties; ICSID Rules; international arbitration; International Chamber of Commerce (ICC) Rules; Model Law