ABSTRACT
This chapter examines the remedies that are available for breach of the terms of the arbitrator’s contract and the contract between the institution and disputing parties.1 From the discussions in Chapter Five, it is obvious that the remedies that are available under the arbitrator’s contract do not exactly accord with traditional contract remedies. The very consequence of the analysis made in previous chapters of this book is highlighted in this chapter. This consequence is the fact that the arbitrator’s contract is a contract for the provision of services by the arbitrator who should be held liable on the basis of this contract at least, (if not under the general law of professional negligence) for breaches of this contract. The primary purpose of this book is to alert the users of international commercial arbitration to this contractual aspect of the mechanism of arbitration, so that the parties concluding these contracts (disputants, arbitrators and institutions) can be minded of these contractual aspects when entering into any international arbitral reference. This awareness, it can be argued, will ensure the continued professional development of the practice of international commercial arbitration by these participants.
