Book contents
- The American Influence on International Commercial Arbitration
- The American Influence on International Commercial Arbitration
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of Cases
- Table of Statutes and Rules
- Other Authorities
- Introduction
- 1 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 2 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 3 Arbitrator Immunity
- 4 Procedural Change and 28 U.S.C. § 1782: The Taking of Evidence v. Common Law Discovery
- 5 The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality
- 6 28 U.S.C. § 1782 and Manifest Disregard of the Law: Is Avoiding One Walking into the Other?
- 7 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 8 Developments in the Apportionment of Jurisdiction Between Arbitrators and Courts Concerning the Validity of a Contract Containing an Arbitration Clause, and Transformations: Regarding the Severability Doctrine
- 9 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Book part
- Index
3 - Arbitrator Immunity
Published online by Cambridge University Press: 18 June 2020
- The American Influence on International Commercial Arbitration
- The American Influence on International Commercial Arbitration
- Copyright page
- Dedication
- Epigraph
- Contents
- Foreword
- Preface
- Acknowledgments
- Table of Cases
- Table of Statutes and Rules
- Other Authorities
- Introduction
- 1 The Formation and Transformation of the Status of International and Domestic Arbitration in the United States
- 2 Wilko v. Swan, Scherk v. Alberto-Culver, and Mitsubishi v. Soler: Crafting a Level Playing Field
- 3 Arbitrator Immunity
- 4 Procedural Change and 28 U.S.C. § 1782: The Taking of Evidence v. Common Law Discovery
- 5 The New Unorthodox Conception of Common Law Transparency in International Arbitration Through Evidence Gathering and Orality
- 6 28 U.S.C. § 1782 and Manifest Disregard of the Law: Is Avoiding One Walking into the Other?
- 7 Perjury & Arbitration: The Honor System Where the Arbitrators Have the Honor and the Parties Have the System
- 8 Developments in the Apportionment of Jurisdiction Between Arbitrators and Courts Concerning the Validity of a Contract Containing an Arbitration Clause, and Transformations: Regarding the Severability Doctrine
- 9 U.S. Arbitration Law and Its Dialogue with the New York Convention: The Development of Four Issues
- Conclusion
- Book part
- Index
Summary
The third chapter reviews the development and current status of the doctrine of arbitrator immunity-liability. Comparative models between the U.S. common law and civil law jurisdictions are discussed. The role of the Supreme Court’s post-Civil War Reconstruction Era opinions are re-examined as part of the effort of exploring the doctrine’s development. It is asserted that post-U.S. Civil War Supreme Court jurisdiction profoundly has influenced the U.S. common law on arbitrator immunity.
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- The American Influence on International Commercial ArbitrationDoctrinal Developments and Discovery Methods, pp. 41 - 140Publisher: Cambridge University PressPrint publication year: 2020