Liability v. Quasi-Judicial Immunity Of The Arbitrator: The Case Against Absolute Arbitral Immunity – Vol. 17 No. 3

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Author: Emmanuela Truli*

Published: March 2008

Czech Republic
The Netherlands
Arbitrators and Arbitral Tribunals
Immunity of Arbitrators
Categories of Disputes
Investment Disputes



In the arbitration proceedings of CME v. The Czech Republic1 (commonly known as the “Lauder” case2) the Stockholm-based tribunal rendered a decision signed by only two of the three arbitrators. One of the two party-appointed arbitrators refused to sign the arbitral tribunal’s decision which found that the Czech Republic had breached an agreement with the Netherlands on mutual protection of investment, and ordered the Czech government to settle the damages that CME incurred. At the end of a 179-page partial decision3 the tribunal attached an explanation4 regarding the failure of one arbitrator to sign the award.

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*Attorney at law, admitted to the bar in Athens and New York; Dr. Juris, Ludwig Maximilian University, Munich, Germany; LL.M., Columbia Law School, New York.