1 Disp. Resol. Int'l 99 (2007)
The Liability of Arbitrators: A Survey of Current Practice

handle is hein.journals/disreint1 and id is 105 raw text is: 99

The Liability of Arbitrators:
a Survey of Current Practice
Ramon Mullerat* and Juliet Blancht
In the institutional arbitration, the arbitrator has a relationship with the
parties involved in the arbitration, with the arbitration institution and the
arbitrator also enters into a relationship with witnesses, expert witnesses
and others involved in the proceedings. These relationships impose
obligations on the arbitrator the breach of which may raise legal liability
for the arbitrator and the obligation to pay any damages.
There are different schools of thought with regard to the nature of the
relationship between the arbitrator and the parties and to the arbitrator's
liability or immunity for breech of the arbitrator's obligations, and both the
national laws and the regulations of arbitral institutions take different
positions with regard to this topic.
It would be helpful if some overriding principles could be established at
an international level to harmonise the rules of liability of arbitrators in the
exercise of their functions and the adoption of a qualified immunity standard,
which balances the needs of arbitratorsto function independently and render
just decisions without concern for personal reappraisal.
Arbitrators' relationships
The arbitrator has a relationship with the parties involved in the arbitration,
with the arbitration institution (unless the arbitration is ad hoc), and the
arbitrator also enters into a relationship with witnesses, expert witnesses
* Ramon Mullerat OBE is a lawyer in Barcelona, Madrid and Paris and former President of
the CCBE. He can be contacted at rmulleratekpmg.es.
f Juliet Blanch is a partner in the law firm of McDermott Will & Emery UK LLP, based at its
London office. She can be contacted atjblanch@europe.mwe.com.

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