DUTIES AND IMMUNITY OF ARBITRATORS: A REVIEW OF THE ARBITRATION AND MEDIATION ACT 2023
- 1. Arbitration (FCArb) and Professor of Law, Department of Jurisprudence & International Law, Nnamdi Azikiwe University, Awka –Anambra State
- 2. Department of Public & Private Law, Chukwuemeka Odumegwu Ojukwu University, Anambra State
- 3. Legal practitioner in Enugu, Enugu State of Nigeria.
Description
The essence of this article is to provide a comprehensive review as to whether an arbitrator who is not a judicial officer appointed pursuant to the provisions of 1999 Constitution of the Federal Republic of Nigeria (as amended) can enjoy immunity just like the judges. Judicial officers are immune and no action can be taken against them for anything done while acting as judicial officers. The implication is that litigants have no right to take out action in law for anything done by a judge while performing the functions of his office in that capacity. Arbitrators, perform similar duties as judicial officers. Are the arbitrators immune for action by the parties to arbitration agreement? It is to answer this question that we have decided to undertake this research.
Files
IMMUNITY OF ARBITRATOR UNDER 2023 ACT corrected.pdf
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