Article
Details
Citation
Yu H (2009) Who is an arbitrator? A study into the issue of immunity. °®Âþµº 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; °®Âþµº commercial arbitration; Judicial immunity; Negligence; United States
Notes
Cases cited: Sutcliffe v Thackrah [1974] A.C. 727 (HL)
Journal
°®Âþµº Arbitration Law Review: Volume 12, Issue 2
| Status | Published |
|---|---|
| Publication date | 31/12/2009 |
| URL | |
| Publisher | Sweet and Maxwell |
| ISSN | 1367-8272 |
People (1)
Professor, Law