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The arbitrator’s immunity from suit and subpoena

The authors discuss the origin, theory, and current application of the doctrine of arbitral immunity. They recommend an “aggressive defense” in response to suit or subpoena, and present possible responses to each.

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A historical review of the evolution of the doctrine of arbitral immunity. Arbitrators are well protected, but even if a claim is summarily dismissed, an arbitrator may incur the expense of attorney’s fees. Insurance policies afford protection for such defense costs.

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