The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity

Authors

Susan Franck, American University Washington College of LawFollow

Document Type

Article

Publication Date

2000

Journal

New York Law School Journal of International and Comparative Law

Journal ISSN

0736-4075

Volume

20

Issue

1

First Page

1

Last Page

60

Abstract

With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.

Recommended Citation

Susan Franck, The Liability of International Arbitrators: A Comparative Analysis and Proposal for Qualified Immunity, 20 New York Law School Journal of International and Comparative Law 1 (2000).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/1581