A losing party in an arbitration, perhaps one which has failed to set aside an award, may be tempted to direct its frustrations toward the arbitral tribunal by suing one or more of the arbitrators in their personal capacities, alleging that they had mishandled the proceedings in some manner. The prospect of lawsuits of this nature can have a serious chilling effect on the process of arbitration, with concerns about exposure to liability possibly translating into a general reluctance by arbitrators to offer their services. In an increasingly litigious environment,...
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