Immunity of Arbitrators

Abstract

The losing party in any arbitration case is likely to attempt to settle its account with the arbitrator who issued a ruling against him by resorting to the courts and filing cases that make the arbitrator vulnerable to arbitrary prosecutions, the matter that will lead to the reluctance of many individuals with integrity and knowledge to be reluctant to enter into the arbitration club. In addition, arbitration, which is considered to be one of the most successful alternative mechanism to resolve disputes is likely to become weak in terms of solving global trade problems. The purpose of this research is to study the extent to which the arbitrator is entitled to protection from prosecution and what is the optimal immunity that he should enjoy. According to the results of the research, the researcher concluded the need to provide protection for the arbitrators so that they can carry out their duties and obligations towards the parties to the conflict without any fear of prosecution by the parties who are not satisfied with the judgments issued against them, but at the same time, this immunity should not be a gateway used by the arbitrator in his favor by committing gross errors, willful negligence, or taking bribes to rule in favor of one party against another. The researcher also provides recommendations that the issue of arbitrator’s immunity should be clarified further in the arbitral laws of countries and relevant institutions.