ARBITRAL IMMUNITY

Abstract

The issue which we intend to address in this matter is whether arbitrators who perform similar functions like judges and magistrates are immune for conduct, acts, and statements made in course of performing the duties of their office as decision makers. It is not denied that unsuccessful parties in arbitration may want or intend to embarrass the arbitrator(s) in legal challenges to the award by either joining them as defendants or respondents in application for the impeachment or setting aside of the arbitral award or by compelling them to be summoned as witnesses against the arbitral award. The arbitrators would almost always plead immunities but whether that will avail them is the question which this article is to address. This paper shows that it is in the interest of the parties and arbitration process that arbitrators should enjoy immunity to protect the dynamics of the ADR process.