to the exercise or performance, or the purported exercise or performance, of the tribunal’s arbitral functions or the mediator’s functions only if it is proved that the act was done or omitted to be done dishonestly.
(3) In this section, “mediator” (調解員) means a mediator appointed under section 32 or referred to in section 33.
105. Appointors and administrators to be liable only for certain acts and omissions
(1) A person—
- (a) who appoints an arbitral tribunal or mediator; or
- (b) who exercises or performs any other function of an administrative nature in connection with arbitral or mediation proceedings,
is liable in law for the consequences of doing or omitting to do an act in the exercise or performance, or the purported exercise or performance, of the function only if it is proved that the act was done or omitted to be done dishonestly.
(2) Subsection (1) does not apply to an act done or omitted to be done by—
- (a) a party to the arbitral or mediation proceedings; or
- (b) a legal representative or adviser of the party,
in the exercise or performance, or the purported exercise or performance, of a function of an administrative nature in connection with those proceedings.
(3) An employee or agent of a person who has done or omitted to do an act referred to in subsection (1) is liable in law for the consequence of the act done or omission made only if it is proved that—
- (a) the act was done or omission was made dishonestly; and
- (b) the employee or agent was a party to the dishonesty.
(4) Neither a person referred to in subsection (1) nor an employee or agent of the person is liable in law for the consequences of any act done or omission made by—
- (a) the arbitral tribunal or mediator concerned; or
- (b) an employee or agent of the tribunal or mediator,
in the exercise or performance, or the purported exercise or performance, of the tribunal’s arbitral functions or the mediator’s functions merely because the person, employee or agent has exercised or performed a function referred to in that subsection.
(5) In this section—
“appoint” (委任) includes nominate and designate;
“mediator” (調解員) has the same meaning as in section 104, and “mediation proceedings” (調解程序) is to be construed accordingly.
