We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

CHAPTER 11 The arbitrator

London Maritime Arbitration

Page 169


The arbitrator

A. The arbitrator’s status

11.1 The relationship between the parties to an arbitration and the tribunal is most commonly analysed as a contract. In broad terms this analysis is appropriate, as an arbitrator’s jurisdiction is based on consensus and an arbitrator’s appointment is properly treated as an enforceable contract.1 The contractual analysis cannot, however, fully explain the role of an arbitrator.2 For example, regardless of the terms of his appointment he is under a duty to act fairly and impartially between the parties and to adopt procedures suitable to the circumstances of the case.3 An arbitrator also enjoys immunity from claims for breach of this duty or any contractual term of his appointment.4 Furthermore, the relationship between an arbitrator and the party who did not appoint him cannot easily be analysed as an orthodox contract concluded by acceptance of an offer.5 In understanding an arbitrator’s rights and duties it is necessary to consider his judicial role as well as his contractual relationship with the parties. In Jivraj v Hashwani 6 Lord Mance endorsed the view that the arbitrator’s engagement is a sui generis agreement.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more