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3 - Arbitrator Immunity

Published online by Cambridge University Press:  18 June 2020

Pedro J. Martinez-Fraga
Pedro J. Martinez-Fraga
Affiliation:
Bryan Cave, LLP
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Summary

The third chapter reviews the development and current status of the doctrine of arbitrator immunity-liability. Comparative models between the U.S. common law and civil law jurisdictions are discussed. The role of the Supreme Court’s post-Civil War Reconstruction Era opinions are re-examined as part of the effort of exploring the doctrine’s development. It is asserted that post-U.S. Civil War Supreme Court jurisdiction profoundly has influenced the U.S. common law on arbitrator immunity.

Keywords

U.S. Arbitration HistoryEnglish arbitration historyU.S. common law of international commercial arbitrationU.S. history of international arbitrationCommerce Clause and international arbitrationFederal Arbitration Actvacatur arbitral awardsrecognitionenforcement arbitration awardsIBA Rules on the Taking of Evidence in International ArbitrationPrague Rulesmanifest disregard of the lawcompetence–competenceapportionment of jurisdiction between courts and arbitral tribunalsseverability doctrineoath taking in arbitrationperjury in arbitrationfederal preemption doctrinediscovery in aid of execution of arbitral awarddevelopment of arbitrationarbitrator immunityarbitrator liabilityjudicial immunityjudicial liabilityUniform Arbitration ActCivil War and arbitrationReconstruction amendments and arbitrationpost–Civil WarSupreme Court and arbitrationCivil War Reconstruction and arbitrator immunityCivil War Reconstruction and judicial immunityCivil War Reconstruction and judicial liabilityarbitration forum selection clausearbitration and the U.S. Supreme Courtfederal law and arbitrator immunitystate law and arbitrator immunityarbitration settlement
Type
Chapter
Information
The American Influence on International Commercial Arbitration
Doctrinal Developments and Discovery Methods
 , pp. 41 - 140
Publisher: Cambridge University Press
Print publication year: 2020

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