Some thoughts on the liability and immunity of the arbitrator

Arbitration, as a form of alternative dispute resolution independent of state courts, is playing an increasingly prominent role in the global economy. 

At the same time, it is becoming increasingly urgent to clarify, both in theory and in practice, the legal status, liability, and potential immunity of arbitrators.

Ádám Boóc’s lecture examines this issue within the framework of a multidimensional, comparative legal analysis exploring the foundations of Roman law, the differing approaches of the civil law and common law systems, as well as the specific features and potential for reform of Hungarian legislation. A separate chapter is devoted to Hungarian regulations, the examination of which incorporates both theoretical and practical perspectives, and in connection with which a de lege ferenda proposal is also formulated.

The aim of this lecture is not merely to describe individual legal systems, but to re-examine the liability of arbitrators in a modern, proportionate, and theoretically sound manner – in the service of both scholarship and legislation.