Abstract
The discussion on institutional regulations of liability in Chap. 4 demonstrated that the effectiveness and enforceability of liability clauses contained in the arbitration rules are largely dependent on the legal regulations of liability of institutional arbitration actors stemming from domestic laws. Against this background, this chapter compares the current national legal regulations of both institutional arbitration and the scope of liability of institutional arbitration actors (if any), as well as the different approaches of domestic courts to the prospective liability of arbitration institutions as expressed in case law from jurisdictions where the leading arbitral institutions are headquartered.
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