Modern Trends of Arbitrator's Liability, and Its Impact (Reflections) On International Commercial Arbitration

Abstract

The liability and immunity of arbitrators is a core matter of arbitration, impacting the legal relationship between the arbitration parties and the arbitrators which addresses fundamental aspects of the arbitrator’s position and his task. This study examines the arbitrator liability multifaceted legal dimensions. Through a comprehensive analysis, the researcher addresses the conceptual foundations of international commercial arbitration and legal nature of arbitrators,
tracing its historical roots and delineating its advantages and drawbacks. Key to this examination is the elucidation of arbitration agreements and the various types of arbitration, emphasizing their significance in facilitating global commerce.

The study examines role of the arbitrator and their nature, jurisdiction, and powers. Drawing on comparative legal frameworks, the study navigates through the complexities of arbitrator appointment, competence requirements, and the arbitration process itself. Notably, the researcher underscores the unique status of the arbitrator, distinct from traditional judicial roles, yet wielding considerable authority in dispute resolution.

Despite divergent jurisprudential interpretations, the researcher advocates for a nuanced approach towards arbitrator liability in Jordanian Arbitration Code which is silent towards this issue unlike E&W AA of 1996 which calls for qualified immunity and unlike the US approach which used to call for absolute immunity for arbitrators, supported by ethical principles and behavioural theories. By determining justifications for arbitrator immunity and advocating for enhanced ethical guidelines, this study seeks to enhance public confidence in the arbitration process and alleviate potential legal challenges.

In conclusion, this study contributes a comprehensive understanding of arbitrator liability in international commercial arbitration and contributes to the literature by finding that the Jordanian Arbitration Code needs to develop and clarify the issue of liability and immunity to fill the gap and alleviate the difficulties in the code. The study offers insights into enhancing the fairness and efficacy of the arbitration process, ultimately fortifying its role as a cornerstone of global dispute resolution in the contemporary economic landscape.

Date of Award	2024
Original language	English
Awarding Institution	Aberystwyth University
Supervisor	Andrew Campbell (Supervisor) & Angharad James (Supervisor)