Assessment of the Doctrine of Immunity and Liability of Arbitrator

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dc.contributor.authorOlatinwo Khafayat Yetunde
dc.date.accessioned2023-08-09T20:55:26Z
dc.date.available2023-08-09T20:55:26Z
dc.date.issued2017
dc.description.abstractAlongside the normal judicial/Court mode of settling scores between/among parties, there exist arbitration as an alternative form of dispute settlement especially in respect of commercial disputes. Indisputable, the position of an arbitrator is not clear cut as that of a judge who is appointed with sufficient rules and regulations guiding its functions including the Constitution. An arbitrator may be an ordinary person persuaded by a friend to settle a dispute and may not really think or be aware of the implications of what he/she is doing until his conducts during the settlement process becomes a subject of litigation. Some jurisdictions have taken it upon themselves to enact laws that would regulate such litigation and often times accord immunity to the arbitrator (whether from civil or criminal responsibility). The essence of this paper is to analyse the various practice of countries on the practice of arbitrators immunity and liability, examine the theoretical bases of States option in the adoption of the doctrine of arbitrators immunity and liability and then to proffer justification for those jurisdictions that have accorded immunity to arbitrators and to find rules which may be adopted by other jurisdictions that don't have immunity laws so that when a court is faced with a matter in which “arbitrators immunity” is a subject of the litigation, the judge in the absence of a legal framework may adopt the common Law doctrine of Immunity (as in the Nigeria situation) or find recourse in practices in other jurisdiction or institutions.
dc.identifier.citationBOWEN Law Journal. 1 (1)
dc.identifier.urihttps://kwasuspace.kwasu.edu.ng/handle/123456789/820
dc.publisherBOWEN Law Journal. 1 (1)
dc.titleAssessment of the Doctrine of Immunity and Liability of Arbitrator
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