London Maritime Arbitration

Page 169 CHAPTER 11 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.