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International Arbitration Act, 2017 (Act No. 15 of 2017)

Chapter 2 : International Commercial Arbitration

9. Immunity of arbitratiors and arbitral institutions

 

(1) An arbitrator is not liable for any act or omission in the discharge or purported discharge of that arbitrator’s functions as arbitrator unless the act or omission is shown to have been done in bad faith.

 

(2) An arbitral or other institution, authority or person designated or requested by the parties, or another arbitral institution to appoint an arbitrator, is not liable for any act or omission in the discharge of that function or any other function in relation to an arbitration unless the act or omission is shown to have been done in bad faith.

 

(3) An institution, authority or person referred to in subsection (2) by whom an arbitrator is appointed or nominated is not liable, by reason of having appointed or nominated such arbitrator, for any act or omission of such arbitrator in the discharge or purported discharge of the functions of the arbitrator.

 

(4) The provisions of this section also apply, with the changes required by the context, to—
(a) the employees of an arbitrator or persons appointed by the arbitral tribunal; or
(b) the officers and employees of an arbitral or other institution, authority or person referred to in subsection (2).