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 by the Code of Civil Procedure (1908) or the Indian Evidence Act (1872). They may determine procedural rules (e.g., evidence admissibility, hearing conduct) as long as principles of natural justice and fairness are upheld.
4. Power to Grant Interim Measures (Section 17)  
The tribunal can order interim relief (e.g., asset preservation, injunctions) during proceedings, which is enforceable like a court order under the 2015 Amendment.
5. Ex Parte Proceedings (Section 25)  
If a party fails to participate without sufficient cause, arbitrators may proceed ex parte (in the absence of the defaulting party), ensuring the arbitration is not derailed by non-cooperation.
6. Fees Determination (Section 31(8) and Fourth Schedule)  
Arbitrators can determine their fees as per the Fourth Schedule (a model fee structure), unless parties agree otherwise. Courts may intervene in fee disputes under Section 39.
7. Finality and Enforceability of Awards (Section 35)  
The arbitral award is final and binding, enforceable as a court decree under Section 36, granting the tribunal’s decision significant legal authority.
8. Court Assistance (Section 27)  
The tribunal may seek court assistance to compel evidence (e.g., witness attendance, document production), enhancing its fact-finding power.
9. Correction and Interpretation of Awards (Section 33)  
Arbitrators retain the power to correct errors or clarify awards post-issuance, ensuring accuracy and completeness.
10. Termination of Mandate (Section 29A)  
While subject to timelines (e.g., 12 months for domestic arbitration), tribunals can extend deadlines with party consent, balancing efficiency and flexibility.
11. Key Amendments (2015 and 2019):  
A.Section 42B (2015 Amendment) explicitly introduced immunity for arbitrators.  
B.The Fourth Schedule (fee structure) was added to address transparency in arbitrator remuneration.
12. Conclusion:
These provisions collectively empower arbitrators to conduct proceedings efficiently, maintain independence, and deliver enforceable outcomes while safeguarding them from undue legal challenges.
13. Thank you for reading. 
0825
Indian Solar Date 4th Chaitra 14234
English Date 25th March 2025 
Authored by:
Advocate Ranjitsinh Sureshrao Ghatge 🦅 
9823044282


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