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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Who is an arbitrator? A study into the issue of immunity
Author(s): Yu, Hong-Lin
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Keywords: Agency
Comparative law
Immunity from suit
International commercial arbitration
Judicial immunity
United States
Issue Date: 2009
Date Deposited: 20-Dec-2013
Citation: Yu H (2009) Who is an arbitrator? A study into the issue of immunity. International Arbitration Law Review, 12 (2), pp. 3-10.
Abstract: Reviews the importance of judicial immunity from negligence actions in the UK and US, considers the extent to which such immunity also extends to arbitrators and reflects on the basis for such an extension. Evaluates the possible contractual basis for arbitrator immunity under an agency relationship with the parties and the arguments for arbitrator immunity based upon their quasi-juridical role. Assesses the extent to which the theories are borne out by UK and US cases involving questions of arbitrator immunity.
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Notes: Cases cited: Sutcliffe v Thackrah [1974] A.C. 727 (HL)
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