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Abstract

This study deals with the examination of the immunity of the arbitrator and his responsibility for his mistakes in the performance of the arbitration task towards the parties to the arbitration dispute, in the Saudi and French systems. The arbitration function requires that the arbitrator adjudicate the disputes before him under the arbitration agreement. He must therefore enjoy the same immunity as a judge in the exercise of his or her functions so that he or she can carry out all his responsibilities without any fear of being liable and raised by the parties to the dispute, especially if his judgment is a result of negligence or unintentional breach of one of his obligations specified in the contract Arbitration. On the other hand, the arbitrator must not enjoy absolute immunity, but this immunity must be restricted, especially if he is subjected to any fraud, manipulation or serious error that led to a judgment in favor of one of the parties to the dispute. In such a case, the incompetent or wrongful arbitrator must be punished and fully responsible in order to protect the parties to the dispute from wasting their money in vain and to save their time and effort that have been made throughout the period of the arbitral proceedings.

Keywords: arbitration, arbitrator, immunity, arbitrator's liability.

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