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How Far Is Too Far: Reexamining The Continuing Extension Of Arbitral Immunity To Arbitral Organizations, Elizabeth Wilhelmi
How Far Is Too Far: Reexamining The Continuing Extension Of Arbitral Immunity To Arbitral Organizations, Elizabeth Wilhelmi
Journal of Dispute Resolution
The protection of arbitration proceedings from judicial inquiry is restricted not only by the limited grounds for vacatur, but also by the application of arbitral immunity, a protection derived from the judicial immunity applied to judges. This immunity strengthens the finality of arbitration by restricting judicial review of decisions protected by arbitral immunity, but at the same time, it raises the question of whether courts should give arbitration the same broad immunity that protects judges. Despite the differences between arbitration and the judicial system, the courts have applied arbitral immunity to the arbitrator's acts in the same way as they …