Arbitrator's Contract
Kun Fan, "Arbitrator's Contract" in Andrea Bjorklund, Franco Ferrari, Stefan Kroll (eds) Cambridge Compendium of International Commercial and Investment Arbitration (Cambridge University Press, Forthcoming)
32 Pages Posted: 13 Nov 2019 Last revised: 15 Jun 2020
Date Written: September 1, 2017
Abstract
“Tant vaut l’arbitre, tant vaut l’arbitrage (Arbitration is as good as arbitrators)” is considered a golden rule in the arbitration community. “The process cannot rise above the quality of the arbitrator”. The arbitrators are “the sine qua non of the arbitral process”. What is the source of arbitrators’ power? How is the arbitrator’s contract formed? What are the rights and obligations of arbitrators under the arbitrator’s contract? What are the consequences if the arbitrators breach their obligations? To what extent should the arbitrators enjoy immunity from liability? In this chapter, we will discuss the theoretical framework of the arbitrator’s contract (I), formation of the arbitrator’s contract (II), and arbitrator’s liability and immunity (III).
Keywords: Arbitrator's contract, arbitrator's liability, immunity
JEL Classification: K00, K1, K40, K33, K49, K39
Suggested Citation: Suggested Citation