The arbitrator’s default liability In the adjudication of the arbitration dispute

Abstract

The arbitrator exercises a judicial or quasi-judicial function that makes them compare with judges. They are immune from negligence and mistakes made by them during arbitration. This immunity in the exercise of their judicial function is an exception to the general principle that imposes the question of the expert professional for compensation for damages arising from negligence in the event of failure to exercise the required care and skill. However, the arbitrator’s immunity in many countries is not absolute, as the arbitrator must exercise his work by reaching the arbitration award with fairness and independence. Therefore, the responsibility of the arbitrator can be fulfilled and litigated to compensate for the damages arising from his arbitration errors issued by him, especially if damages are arranged for the litigants. So what is this liability and what are the implications thereof?