ABSTRACT
The arbitrator and institution’s contracts can be discharged or terminated through one of four methods.1 These are where: (1) all parties have fully performed their obligations under the contracts; or (2) all agree to terminate the contracts; or (3) where there is a fundamental breach of the terms of the contracts; or (4) the contracts are frustrated, so as to bring the contract to an end. Where any of these contracts is terminated because of the breach of a fundamental term, this may also implicate issues of limitation or exclusion of liability of the arbitrator or institution. Such issues do not affect the termination of the contract but the claim for a remedy for the breach.2
