Complexities of International Arbitrator Liability: A Comparative Analysis and the Case for Qualified Immunity

Abstract

This article examines the issue of international arbitrator liability and proposes the adoption of qualified immunity as a solution to balance the need for accountability and protection in the international arbitration landscape. The study employs a comparative analysis of different legal jurisdictions, a review of existing literature on arbitrator liability and qualified immunity, and an exploration of relevant case law and arbitration rules. The results highlight the various approaches to arbitrator liability across jurisdictions and the common challenges faced in addressing this issue. The concept of qualified immunity is analyzed as a potential solution that can provide protection for arbitrators while ensuring their accountability for actions falling outside the scope of their duties or involving misconduct. The discussion section interprets the findings in the context of the international arbitration landscape and evaluates the benefits and drawbacks of adopting qualified immunity for international arbitrators. Policy implications and recommendations for reforming arbitrator liability rules are also provided. In conclusion, this article emphasizes the importance of striking a balance between accountability and protection for international arbitrators and suggests potential directions for future research in the field of international arbitration and arbitrator liability.