User:ViviStafford1/sandbox

The Doctrine of Arbitral Immunity is a doctrine which suggests “Arbitrators have been extended the protection of judicial immunity, because they perform the function of resolving disputes between parties, or of authoritatively adjudicating private rights.” (Stasz v. Schwab (2004) 121 Cal.App.4th 420, 430 “Abitral immunity shields all functions which are integrally related to the arbitral process. Arbitrators are exempt from civil liability for failure to exercise care or skill in the performance of their arbitral functions.” (Id. at pp. 431–32,). “Even corrupt or biased acts are subject to immunity.” (Ibid.) A sponsoring organization is likewise immune where the individual arbitrator is. (Id. at p. 436.) Where there is bias in an arbitration award, the current practice in California court is that proper remedy is to challenge the award by legally available means, “not by seeking to impose liability on the arbitrator or the sponsoring organization.” (Id. at p. 440.) It is well established in California law that such conduct of arbitral bias and corruption is protected by the doctrine of arbitral immunity. It has been held that one’s contractual remedies against arbitrators are limited to cases of “complete nonperformance” under the contract, not instances in which the arbitrator made rulings with improper considerations. (Stasz, supra, 121 Cal.App.4th at p. 437.). This doctrine extends from common law established by Sir Edward Coke who once said “judges are accountable only to God and the King”. Sir Edward Court ruled in the Star Chamber of Westminster where he was Chief Justice in the early 17th century in England. In modern times the term "Star Chambers" is often used to establish illegitimacy within the court system where ironically doctrines from those rulings are still in effect. Penal codes do not apply to arbitral immunity; however, arbitrators are immune to civlil liability in their arbitrating acts regardless of the degree of negligence, incompetence, corruption or bias they portray. Currently there are no checks and balances that provide accountability in regards to an arbitrators acts. Unlike the doctrine of separate but equal which in now defunct, the doctrine of arbitral immunity continues without much acknowledgement in judicial or legislative branches of government.