Liability of arbitral institutions: a case law overview

In this text, we contemplate, from a case law point of view, the topic of liability of arbitral institutions. One of the reasons for the success of international arbitration are arbitral institutions. However, their multiplication and globalized standing have recurrently raised the issue of their liability. Different jurisdictions take dissimilar views on the issue (even if one might say that there is some convergence), and in order to better understand these positions, we carried out a study of available case law, principally from the USA and France. This case-by-case analysis, complemented with the relevant commentaries and scholarly articles, allows us not only to identify the grounds raised to argue liability but also to understand how this trend has developed over time. Despite differences, a homogeneous conclusion arises from the analysis undertaken: only seldom have arbitral institutions been ordered to compensate aggrieved parties due to their damaging actions.