IMMUNITY OF THE ARBITRATION PANEL VIS-A-VIS THE OTHER ALTERNATIVE DISPUTE RESOLUTION (ADR) PANELS

Abstract

Immunity is an exemption from prosecution. Immunity helps to ensure the finality of an award. Arbitral immunity exempts arbitrators from certain acts or omissions arising out of or in relation to their function, Alternative Dispute Resolution (ADR) is a term generally used to refer to mechanism for the resolution of disputes either as alternative to the traditional court system or as a supplement or complement to that. Any method advising the parties to settle their dispute outside the court is an “ADR” process. Some of the ADR methods usually employed for amicable resolution of dispute are negotiation, conciliation, mediation and certification. They are geared towards amicable settlement of dispute or decision making. This paper intends to discuss the immunity of arbitration panel vis-à-vis that of the other ADR panels. The methodology adopted is doctrinal. The research found out that there have been arguments on whether arbitrators and other ADR panels like negotiator, conciliator, mediators and certifiers are supposed to be immune since they are persons acting in judicial capacity. This has generated a lot of confusion in our judicial system. The position of the relevant laws is not clear cut on this. Though there are arguments in favour of the grant of arbitral immunity. The research concluded that the main consequence of the distinction between arbitration panel and the other ADR panels is that arbitrators are immune from action for negligence, while the answers with respect to immunity of the other ADR panels are not clear-cut. In some circumstances some of them are not immune while in some they are.