CEU Electronic Theses and Dissertations, 2019
| Author | Lashyn, Serhii |
|---|---|
| Title | Immunity of Arbitrators |
| Summary | Unlike the works of other commentators on the subject matter, this ground-breaking oeuvre approaches the concept of arbitral immunity in an innovative and unique method. Instead of analysing the theoretical advantages and drawbacks of the immunity of arbitrators and then attempting to shape the reality to match the scholarly opinion, this thesis focuses on the practical impact of arbitral immunity and suggests unique and insightful solutions. In a comprehensive and cutting-edge analysis, the thesis gives an in-depth overview of the immunity of arbitrators from a global standpoint. Embarking on the contentious and changing issue of the scope of arbitral immunity, the thesis analyses a vast amount of case-law to thoroughly draw the boundaries of the immunity of arbitrators. Apart from that, the thesis explores the ignored and almost undiscovered area of the burden of proof in the context of arbitral immunity. In its most exciting part, the thesis features unique research on how arbitral immunity is used by powerful corporations to abuse customers and how the immunity of arbitrators makes its own seedy contribution to fostering development inequality by means of investment arbitration. Taking a well-reasoned critical stance on the idea of qualified immunity, the thesis invents and justifies two brand-new solutions that are equally effective and do not hinder the functionality of international arbitration as a system: equitable reliefs and the doctrine of piercing the liability shield of arbitrators. |
| Supervisor | Petsche, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/lashyn_serhii.pdf |
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