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Born, Gary B., International Commercial Arbitration, Volume I (2009)

Born, Gary B., International Commercial Arbitration, Volume I (2009)


An arbitrator is entitled to various immunities from civil claims by the parties arising out of his or her conduct of the arbitration.333 The nature and scope of these immunities varies depending upon the parties' agreement, any applicable institutional rules and applicable national law.334 As noted above, these immunities are only 

1653  avaiable to "arbitrators" engaged in "arbitration,"and not too others (such as meditators or experts in an expert determination).335 In some instances, immunity extends to arbitral institutions (as well as to arbitrators.)336

333 For an interesting historical persperctive, see Redfern, The Immunity of Arbitrators, in ICC, The Status of the Arbitrator 121 (ICC Ct. Bull. Spec. Supp. 1955).
334 Most international arbitration conventions are silent regarding the subject of arbitrator immunity. The ICSID Convention, Art. 21 (a) (arbitrators possess "immunity from legal process with respect to acts performed by them in the exercise of their functions"). If the parties' arbitration agreement, incluidng any incorporated institutional rules, provides the arbitrators with a contractual grant of immunity (see infra pp. 1660-1661), then there is a substantial argument that this provision is given mandatory effect, as a material term of an international arbitration agreement, by Article II of the New York Convention. See supra pp. 94-97, 202-205, 567-568 and infra pp. 1749-1751.
335 See supra pp. 223-234 & 235-241
336 See infra p. 1660 nn. 384 & 386.

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