This article analyzes the jurisdictional role of arbitrators and how such role has developed over time with respect to the duties and liability of arbitrators. The historical origin of arbitration is visited to demonstrate that arbitration has evolved from a non-binding and later purely contractual mechanism into a legally recognized, jurisdictional institution giving rise to binding and enforceable awards. The article argues that the jurisdictional nature of arbitration implies, firstly, its concurrence with the jurisdiction of judicial courts and, secondly, that the duties and standard of liability of arbitrators must be, in the XXI century, deemed to be similar to those applicable to judges. The duties of arbitrators are summarized and grouped in three: i) being independent and impartial with respect to the parties and subject matter; ii) setting facts and applying law or relevant principles on a reasonable manner, which can be justified by reason and is intelligible; and iii) issuing an arbitral award which promptly and effectively resolves and ends the dispute. It is then stated that arbitrators have a relative immunity which allows holding them liable under legal standards equivalent to gross negligence and willful misconduct, excluding liability for negligence which is not gross.
Iurgium [previously Spain Arbitration Review]