Immunity and Civil Liability of Arbitrators in International Commercial Arbitration of BRICS Countries

Immunity and Civil Liability of Arbitrators in International Commercial Arbitration of BRICS Countries
Author: Petrus Gerhardus Meyer
Degree: Master of Laws (LLM)
Date: 2023
Institution: University of Johannesburg, South Africa
Advisor: Prof. Michael Martinek

This dissertation examines the immunity and civil liability of arbitrators in international commercial arbitration within BRICS countries. It focuses on the interplay between international instruments, national arbitration laws, and institutional arbitration rules.

The immunity and civil liability of arbitrators in international commercial arbitration is a topic often overlooked in academic writings on international commercial arbitration. This minor dissertation seeks to clearly examine the immunity and civil liability of arbitrators within the BRICS countries with specific reference to the applicable international instruments, the various national arbitration laws, and the vast amount of arbitration institutions and their rules of arbitration. The study highlights and concludes that there is great disparity between the different national laws and arbitration rules applicable in the different BRICS member states. The study then goes on to propose that the BRICS framework would benefit from a BRICS dispute resolution mechanism that has a uniform set of rules that harmonises the liability regime among the BRICS countries.