A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required

Mediator immunity refers to the privilege of mediators’ to be partially or completely immune from civil liability. There are ongoing debates on whether to grant this immunity and both sides provide their arguments. However, mediator immunity is better supported based on mediators’ identity as experts rather than as judicial or quasi-judicial figures. So far, there are three degrees of mediator immunity: absolute, limited and differentiated. Among these, limited immunity is more effective in balancing the conflicting interests involved. Furthermore, mediator immunity may find its source in exemption agreements, case law or statute law. For the sake of certainty and predictability, parties should be entitled to provide mediators with immunity within limits by agreement, and the validity and effects of such agreements should be clearly recognised by statute.

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Publication Details

Journal
Chinese Journal of Transnational Law
Published
2024-08-16
DOI
https://doi.org/10.1177/2753412x241271057
Citations
1
Primary Topic
Dispute Resolution and Class Actions
Type
article
Field-Weighted Citation Impact
0.55
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article

A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required

Meng Lin
1 citations
Chinese Journal of Transnational Law
Dispute Resolution and Class Actions
0.55
article

A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required

Meng Lin
article en
1 citations

Abstract

Mediator immunity refers to the privilege of mediators’ to be partially or completely immune from civil liability. There are ongoing debates on whether to grant this immunity and both sides provide their arguments. However, mediator immunity is better supported based on mediators’ identity as experts rather than as judicial or quasi-judicial figures. So far, there are three degrees of mediator immunity: absolute, limited and differentiated. Among these, limited immunity is more effective in balancing the conflicting interests involved. Furthermore, mediator immunity may find its source in exemption agreements, case law or statute law. For the sake of certainty and predictability, parties should be entitled to provide mediators with immunity within limits by agreement, and the validity and effects of such agreements should be clearly recognised by statute.

Chinese Journal of Transnational LawVol. 1(2)
Dalian Maritime University (CN)
Peace, Justice and strong institutions
Openalex Percentile: Top 23%
Dispute Resolution and Class Actions
0.55
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A Future Uniform Regime of International Commercial Mediator Immunity: Limited, Party-Agreed and Statute-Required — Meng Lin · Chinese Journal of Transnational Law (2024) | TGRS Research Map | TGRS