DUTIES AND IMMUNITY OF ARBITRATORS: A REVIEW OF THE ARBITRATION AND MEDIATION ACT 2023

https://doi.org/10.5281/zenodo.11235981

Authors

  • Nwakoby Greg Chukwudi Arbitration (FCArb) and Professor of Law, Department of Jurisprudence & International Law, Nnamdi Azikiwe University, Awka –Anambra State
  • Nwakoby Blessing Chidinma Esq Department of Public & Private Law, Chukwuemeka Odumegwu Ojukwu University, Anambra State
  • Nwakoby Gregory Kenechukwu Esq Legal practitioner in Enugu, Enugu State of Nigeria.

Keywords:

Immunity, Public Officers, Arbitrators, Duties, Judicial Officers, Courts, Designated Appointing Authority.

Abstract

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.

Published

2024-05-21

How to Cite

Nwakoby , G. C., Nwakoby , B. C., & Nwakoby, G. K. (2024). DUTIES AND IMMUNITY OF ARBITRATORS: A REVIEW OF THE ARBITRATION AND MEDIATION ACT 2023 . Journal of Legal Studies, Humanities and Political Sciences (JLSHPS), 11(3), 1–8. https://doi.org/10.5281/zenodo.11235981

Issue

Vol. 11 No. 3 (2024): May-June

Section

Original Peer Review Articles
Copyright & Licensing

Copyright (c) 2024 Journal of Legal Studies, Humanities and Political Sciences (JLSHPS)

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

References

Black Law Dictionary, 11th Ed. 2019, 505. 2 Section 16 Arbitration & Conciliation Act 2004. Section 32 Arbitration & Mediation Act 2023. NNPC v. Lutin Investment Ltd(2006)NSCQR 77 at 112. NNPC v. Lutin Investment Ltd & Anor(2001)50 WRN 81. 3 Section 32(3) Arbitration & Mediation Act 2023. 4 Section 18 Arbitration & Conciliation Act 2004.Section 35 Arbitration & Mediation Act 2023. 5 Sections 33 & 66 Arbitration & Mediation Act 2023

Section 15 Arbitration & Mediation Act 2023 C/F Section 47Arbitration & Conciliation Act 2004. 7 Section 10 Arbitration & Mediation Act 2023. 8 Section 14 Arbitration & Conciliation Act. Section 30 Arbitration & Mediation Act 2023. Lack of equal opportunity and fair hearing is also a ground for impeachment of arbitral award. Adwork Ltd v. Nigeria Airways Ltd.(2002)2NWLR(Pt.645)45. Taylor Woodrow Nig. Ltd v. S. E. W. Gmbh.(1993)4NWLR(Pt286)127. Arbic Nig. Ltd v. Nig Machine Tools Ltd (2002)15NWLR (Pt789)1. A Savia v. A O Sonubi (2002)12NWLR(Pt.682)539. K.S.U.D.B. v. Fanz Const. Co. Ltd.(1986)5NWLR(Pt.39)1 9 Section 8 Arbitration & Mediation Act 2023 see also section 8 Arbitration & Conciliation Act 2004. 10 Section 26 Arbitration & Conciliation Act 2004. Sections 44& 47 Arbitration & Mediation Act 2023. 11 Section 12Arbitration & Conciliation Act2004. Section 45 Arbitration & Mediation Act 2023. Note that in the new Act of 2023, giving of reason for consent award is required unless the parties dispensed with the requirement of giving reason. See also section 47 Arbitration & Mediation Act 2023. 12 Sections 20,21,22,23,&24 Arbitration & Mediation Act 2023.

Section 43 Arbitration & Mediation Act 2023. 14 Section 42 Arbitration & Mediation Act 2023. 15 Section 50 Arbitration & Mediation Act 2023. 16 Section 49 Arbitration & Mediation Act 2023. 17 Onagoruwa v. IGP(1991)5NWLR(193)593. Fawehinmi v. IGP (2000)12FWLR2015 at 2019. 18 Anastasia Tsakatoura, “Arbitration: The Immunity of Arbitrators,”Lex E-SCRIPTA ONLINE Legal J. June 2017. E Onyeama, International Commercial Arbitration and Arbitrator’s Contract (New York Boutledge, 2010p.36 cited in Adedoyin Rhodes-Vivour, “Immunity of Arbitrators” Online 9. J. Brown, “Expansion of Arbitral Immunity: Is Absolute Immunity a foregone Conclusion” 2009, J Disp. Resol, 2009, 220. 19 Mustill & Boyd, The Law and Practice or Commercial Arbitration in England, 2nd Ed. Butterworth, London, 1989, 222-223. 20 Melis, A Guide to Commercial Arbitration in Austria, 1983. 16-17. Arbitration Law in Europe, 1981, ICC Publication No. 353 p. 285. 21 Redfern & Martin Hunter, Law and Practice of International Commercial Arbitration, 2004, 266. 22 J. Brown, “Expansion of Arbitral Immunity: Is Absolute Immunity a Foregone Conclusion” 2009,J. Disp. Resol. 2009, p. 229. E Onyeama (supra) 33 23 E. Onyeama, (supra), 33 cited in Adedoyim Rodes Vivor, “Immunity of Arbitrators” (supra) 24 (1992)QB863.(1991)WLR 1029. 25 Section 38 Zambia Arbitration Act No.19 of 2000. Mauritius international Arbitration Act 2008 in its section 19 made similar provision for the immunity of arbitrators. However, compare this with the provisions of the Arbitration Act of the following countries which did not provide for arbitral immunity, namely, Rwanda, Mozambique, Libya, Angola, Egypt, Tanzania, etc 26 Section 29 English Arbitration Act 1996 provides that” an arbitrator is not liable for anything done or omitted in the discharge or purported discharge of its function as arbitrator unless the act or omission is shown to have been in bad faith”

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