Arbitrator : privileges, powers, and immunities
Arbitrator : privileges, powers, and immunities Under the Arbitration and Conciliation Act, 1996 in India, arbitrators (or arbitral tribunals) enjoy specific privileges, powers, and immunities to ensure effective and impartial dispute resolution. Key privileges include: 1. Immunity from Legal Liability (Section 42B) Arbitrators are protected from lawsuits or legal proceedings for acts or omissions done in good faith during the arbitration process. This immunity encourages impartial decision-making without fear of personal liability. 2. Kompetenz-Kompetenz (Section 16) The tribunal has the authority to rule on its own jurisdiction, including objections to the existence or validity of the arbitration agreement. This principle ensures that arbitrators can address jurisdictional challenges without court intervention. (I will write separately on this doctrine of competence-competence.) 3. Procedural Flexibility (Section 19) Arbitrators are not bound ...