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

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 introduces the matter and sets forth the terminology used and the scope of study. After an analysis of the arbitrator’s status and of the nature of his mission, this article examines 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 is then entered into through a brief comparative law analysis, in particular in view of the concept of arbitral immunity under United States law and English law. Part II of this article (to be published in ASA Bulletin 1/2017), will analyze the arbitrator’s immunity from his contractual liability under Swiss law and draw general conclusions.