Explorative Analysis Of The Arbitrator Civil Liability System

As we all know, in contrast to other dispute resolution mechanisms, the arbitration is more efficient, professional and better protecting the privacy. All of its advantages depend on the professional, impartiality and righteousness of arbitrators. Therefore, the quality of arbitrators determines the validity of the arbitration award, as well as the future of the arbitration. In order to guarantee the justness, arbitrators have to shoulder the liability if they fail to perform their obligations. The value of the arbitrator civil liability system is not only to restrict the power of arbitrators, but also to provide relief for the parties if they suffer economic loss which is caused by arbitrators'misconducts. A reasonable and effective arbitrator civil liability system can regulate the behavior of arbitrators, prevent from abusing arbitrators'power, decrease the abuse of suits and ensure the authority of arbitrators.The existing law related to arbitrator civil liability is very vague and lack of operability. Also, in the judicial practice, there is never a precedent that an arbitrator undertakes civil liability for his or her misconduct. The thesis tries to present some useful suggestions on how to build up a proper arbitrator civil liability system in China, which is based on theoretical analysis of the arbitrator civil liability system and comparative study of the same system in other countries.The thesis consists of four chapters:Chapter 1 is the summary of the arbitrator civil liability system, including the basic issues about arbitrators and the definition of the arbitrator civil liability. In this chapter, the definition and importance of arbitrators are analyzed. Furthermore, the arbitrator civil liability is distinguished from the arbitrator legal liability and the arbitration organization civil liability to show the significance of the arbitrator civil liability.Chapter 2 deals with the theoretical basis and judicial practice of the arbitrator civil liability system. The first section gives the conclusions: the nature of the authority of the arbitration is a mix of civil and judicial; the relationship between arbitrators and the parties are both contractual relationship and particular identity relationship. The second section classifies the arbitrator civil liability into three categories which are strict liability, absolute immunity and limited immunity. The limited immunity is growing more acceptable. The third section gives further explanation about the rationality of the limited immunity.Chapter 3 is the detailed description of the arbitrator civil liability. The first section analyzes the power and duty of arbitrator. The second section clarifies the specific conditions for arbitrators to bear their civil liability and the doctrine of liability fixation, the scope of immunity.Chapter 4 puts forward with suggestions on improvement of the arbitrator civil liability system. The first section introduces, analyzes and evaluates the legislation in China. The second section presents some suggestions on how to establish a proper arbitrator civil liability system in china. The third section gives some proposals on establishing cooperative systems to perfect the arbitrator civil liability system.