This Note examines the relationship between the arbitral institution and the disputing parties. Part I demonstrates the decisions parties face when choosing between traditional litigation and arbitration; it also discusses the differences between an arbitral institution and an ad hoc arbitration, as well as major arbitral institutions' rules regarding their own liability. Part II introduces several nations' approaches to judicial immunity, and how it is applied to arbitrators and arbitral institutions. Part II also weighs differing views on how to characterize the relationship between disputing parties and the arbitral institution. Finally, Part II discusses several key criticisms to the immunity of arbitral institutions. Part III will demonstrate the need for arbitral institutions' contractual liability to disputing parties, and will address several potential criticisms and policy concerns of this approach.
Overextending Immunity: Arbitral Institutional Liability in the United States, England, and France,
26 Fordham Int'l L.J. 1824
Available at: https://ir.lawnet.fordham.edu/ilj/vol26/iss6/9