| Title |
Arbitrų atsakomybė ir imunitetas nuo atsakomybės / |
| Another Title |
The liability and the immunity of arbitrators. |
| Authors |
Kozubovska, Beata ; Daujotas, Rimantas |
| DOI |
10.15388/Teise.2014..3911 |
| Full Text |
|
| Is Part of |
Teisė / Vilniaus universitetas.. Vilnius : Vilniaus universiteto leidykla. 2014, t. 92, p. 48-57.. ISSN 1392-1274 |
| Abstract [eng] |
This article discusses arguable aspects of the application of the liability of arbitrators in international commercial arbitration. There is no uniform practice applicable to the immunity of arbitrators in the field. By means of comparative analysis of various countries legal systems, this article aims to construct recommendation regarding the arbitrator’s immunity and liability issue in international commercial arbitration. In order to answer this main research question: “What is the proper scope of arbitrator immunity?” and to provide a concise solution of the issue, an in-depth analysis of the issue was performed. First, the basis of arbitrator liability in international commercial arbitration were examined. Second, the roots and purposes behind arbitrator immunity were discussed. Last but not least, the analysis of the scope of arbitrator liability and immunity in international commercial arbitration was conducted. The arbitrator’s liability vis-à-vis the parties in the arbitration in this article was analyzed: authors did not deal on the arbitral institution’s liability. By way of conclusion, arbitrators should have certain level of immunity to ensure the integrity of the decision-making process. However, arbitrators should be held liable where they act with intentional, bad-faith conduct, or unjustifiably abandon their arbitral mandate and fail to render an award. Qualified immunity strikes a desirable balance between the need for professional accountability towards parties and maintaining the integrity of arbitral process. |
| Published |
Vilnius : Vilniaus universiteto leidykla |
| Type |
Journal article |
| Language |
Lithuanian |
| Publication date |
2014 |
| CC license |
|
