The Arbitrator’s Liability and Immunity Under Swiss Law – Part II

The question of the arbitrator’s liability and immunity under Swiss law is relevant to anyone who currently sits as an arbitrator in Switzerland or is planning on doing so. Part I of this article (published in ASA Bulletin 4/2016) introduced the matter and set forth the terminology used and the scope of study. After an analysis of the arbitrator’s status and of the nature of his mission, the author examined the arbitrator’s civil liability on the basis of the arbitrator’s contract. The topic of the arbitrator’s immunity in relation to his civil liability was then entered into through a brief comparative law analysis. Part II of this article analyzes the arbitrator’s immunity from his contractual liability under Swiss law, offers proposals for improvement and draws general conclusions from the study.