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32 - Arbitrator’s Contract
from Part VI - The Arbitral Tribunal
- By Kun Fan
Edited by Stefan Kröll, Andrea K. Bjorklund, McGill University, Montréal, Franco Ferrari, New York University
Book:

Cambridge Compendium of International Commercial and Investment Arbitration

Published online:

18 February 2023

Print publication:

02 March 2023, pp 991-1011
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Summary

“Tant vaut l’arbitre, tant vaut l’arbitrage (Arbitration is as good as arbitrators)” is considered a golden rule in the arbitration community. The arbitration 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), rights and obligations of arbitrators (III) and arbitrator’s liability and immunity (IV).