Justice Without Fear: Arbitrator Immunity Under The Arbitration And Mediation Act

Introduction

In arbitration, it is not unusual for parties to feel dissatisfied with either the behaviour of the arbitrators or the outcomes of arbitral awards. Moreover, most jurisdictions limit the ability of arbitration parties to appeal these awards. Consequently, some parties, recognizing the difficulty in challenging an arbitral award directly, may opt to initiate legal actions against the arbitrators themselves. To protect arbitrators from potential liability—especially from parties that may be litigious or acting in bad faith—and to ensure they can perform their duties impartially and without fear, many jurisdictions, including Nigeria, provide arbitrators with certain immunities.¹ This article explores the protection afforded to arbitrators through these immunities and discusses the rules that govern both the liability and immunity of arbitrators in Nigeria.