Under French civil law, one key feature regarding the arbitrator’s liability is the case law distinction between, on the one hand, the arbitrator’s jurisdictional function and, on the other hand, his or her contractual mission.The quasi-immunity that the arbitrator in principle enjoys in relation to the former seems mainly aimed at safeguarding the legitimacy of the award, leaving the arbitrator exposed to be held responsible for his or her procedural mistakes. However, the damage that can be compensated at law appears so narrow, in the latter case, that the French law approach to the arbitrator’s liability is in fact much more balanced than seems to be the case at first sight
Revue de l’arbitrage