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Limitation of Liability

Limitation of Liability Pierre BIENVENU Article 41: Limitation of liability 41.1 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be liable to any party for any act or omission in connection with any arbitration conducted under these Rules, except where such act or omission is shown by that party to be the consequences of conscious and deliberate wrongdoing, or to the extent that any part of this limitation of liability is shown to be prohibited by any applicable law. 41.2 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be under any legal obligation to make any statement about the arbitration, and no party shall seek to make any of these persons a party or witness in any judicial or other proceedings relating to the arbitration. 1 INTRODUCTION The new arbitration rules of the Bahrain Chamber for Dispute Resolution (the ‘2017 BCDR Rules’), including their limitation of liability provisions set out in Article 41, by http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png BCDR International Arbitration Review Kluwer Law International

Limitation of Liability

BCDR International Arbitration Review , Volume 5 (1): 8 – Sep 1, 2020

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Publisher
Kluwer Law International
Copyright
Copyright © 2020 Kluwer Law International BV, The Netherlands
ISSN
2352-7374
Publisher site
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Abstract

Pierre BIENVENU Article 41: Limitation of liability 41.1 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be liable to any party for any act or omission in connection with any arbitration conducted under these Rules, except where such act or omission is shown by that party to be the consequences of conscious and deliberate wrongdoing, or to the extent that any part of this limitation of liability is shown to be prohibited by any applicable law. 41.2 None of the members of the arbitral tribunal, any secretary of the arbitral tribunal, any emergency arbitrator, any expert to the arbitral tribunal, and the Chamber (including its officers and employees) shall be under any legal obligation to make any statement about the arbitration, and no party shall seek to make any of these persons a party or witness in any judicial or other proceedings relating to the arbitration. 1 INTRODUCTION The new arbitration rules of the Bahrain Chamber for Dispute Resolution (the ‘2017 BCDR Rules’), including their limitation of liability provisions set out in Article 41, by

Journal

BCDR International Arbitration ReviewKluwer Law International

Published: Sep 1, 2020

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