Comparative study of arbitrator immunity in Iranian law, in comparison with the international commercial arbitration system and the domestic arbitration system of the United States, the United Kingdom and Wales

Abstract

The immunity of arbitrator is required for the proper conduct of the arbitration. In the domestic law of Iran, the arbitrator does not enjoy any immunity and have also been held liable for damage in accordance with the basic rule of civil liability. UNCITRAL Model Law doesn't contain any rule about the immunity of arbitrator but rule of some international commercial arbitration institution accepted that arbitrators have immunity. In common law, immunity of arbitrator has found its own suitable position and immunity of judges can be extended to arbitrators. In this legal system, on the contrary to the civil law system, the absolute referee's immunity is a general rule but this general approach has been moderated in some case. In Iranian domestic law, despite of refusal of recognition of the immunity for arbitrator, but arbitrators may include an exclusion clause in the arbitration agreement and exempt them self from liability. In this research, method of descriptive – analytical has been used.

Keywords

• arbitration
• immunity
• comparative
• iranian domestic law
• international instrument