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Is the liability of arbitrators and institutions becoming an alternative means of recourse to attack arbitral awards by dissatisfied parties?

| News | International Arbitration

Iñigo Rodríguez-Sastre and Elena Sevila participate in the 4th Arbitration Open that brought more than 300 professionals together in Madri

The liability of arbitrators and arbitral institutions is an issue that is increasingly being addressed in international arbitration. Demanding such liability has become an alternative means of recourse to the assessed grounds for attacking arbitral awards by dissatisfied parties, which can lead to abuse. This has led to questions about the nature of the role and functions of arbitrators and arbitral institutions.

This was stated by Íñigo Rodríguez-Sastre, partner of Andersen Tax & Legal, during his speech at the 4th edition of the Arbitration Open held on 10 May in Madrid at an event that brought together around 300 attendees and in which Elena Sevila, Senior Associate of Andersen Tax & Legal participated too.

Specifically, Rodríguez-Sastre and Sevila took part in the round table on international arbitration, which also included Franz Stirnimann, partner at Froriep in Geneva, Juan Pablo Argentato, Counsel of the ICC International Court of Arbitration and Maximin de Fontmichel, Vice-Dean and Director of the Master's Degree in Arbitration at the Faculty of Versailles.

Rodríguez-Sastre moderated the round table, alternating questions regarding the regulations on the liability of the arbitrator and the arbitral institutions, the experience of the participants in such matters and the means available to arbitrators and institutions to try to avoid such liability.

For her part, Elena Sevila addressed the different standards of responsibility of the arbitrator and of the institutions that exist in the various arbitration regulations of our environment. He commented on the most frequent reasons for this responsibility and the possible protection mechanisms for arbitrators.

The Arbitration Open, organized by the European Arbitration Association, addressed the main challenges of arbitration in a day with an important international dimension and opened by the Minister of Justice, H.E. Mr. Rafael Catalá.

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