Immunity of arbitrator in commercial arbitration: an analytical study with respect to inernational and national legal framwork of Pakistan

Abstract

The success of the process of arbitration is hindered by the absence of immunity of arbitrator in the arbitration law of Pakistan. The aim of the study is to analyze the provision of immunity of arbitrator, tracing its origin in history, to the development of the concept of immunity in the light of judicial precedents and analyzing the provision of immunity to the arbitrator in the international law as well as common law jurisdictions. The Legal Doctrinal inquiry is conducted under the Normative Framework where immunity provisions of various international arbitral institutions including maritime arbitral institutions and common law jurisdictions have been studied as they are. The case law of common law jurisdictions has been particularly taken in account, to determine the scope and extent of immunity While it has been found out that immunity extends from Qualified to Absolute in the comity of nations, the existing law of arbitration in Pakistan is devoid of any immunity for the arbitrator. The efforts in this regard have been found to be without substance as they are not based on the current trends in international law, as well as on the study of the context of the immunity of arbitrator. A complete overhaul of arbitration law is recommended along with the provision of immunity to the arbitrator and affiliated staff as well as the institution on the basis of international law.