Friday, September 27, 2019

Arbitral Ammunity Assignment Example | Topics and Well Written Essays - 2750 words

Arbitral Ammunity - Assignment Example Arbitral immunity is imperative for effective decisions of arbitrators. An arbitrator or any organization acting in similar capacity is protected from civil litigation in the same way judges of courts of law enjoy immunity for acting in a judicial manner. The protection from liability accorded by common law supplements any protections under written laws as well as international bodies of law (Bricker, 2013). In light of this, an arbitrator’s failure to declare his or her role does not make him or her vulnerable to liability under the law. In addition, in judicial, organizational, or similar cases, an arbitrator or agent of an arbitration body is not normally competent to give evidence, and is likely to be exempted from producing records in respect of any statement, behavior, verdict, or relief occurring in the course of the arbitration process in as much the same way as a judicial officer carrying out his or her judicial duties (McClure, & Freehills, 2013). Regardless, immunity could be lifted in the event that a member of the arbitration panel, arbitration body, or an agent of an arbitration body provided the conduct of the arbitrator, the body, or legal representative strongly borders on misconduct (Mettler, 2008). In addition, arbitral immunity may be lost if a court finds that the arbitrator, his or her organization, or an agent of the organization is incompetent. Otherwise, courts are mandated to award reasonable compensation to any arbitrators or an organization that has been unfairly targeted by civil liability cases in balancing the interests of both parties (American Arbitration Association, 2010). Considerable debate on the parameters of immunity to members of various arbitration panels and their agents took center stage in the run up to the revision of the United Nations Commission on International Trade and Law (UNCITRAL)

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