A Study On The Legal Liability Of Arbitrators

The legal liability of arbitrators is a sensitive and important subject in law science circle. The arbitration, as one of the world's most important alternative dispute resolutions, is more and more favored by business men and even common citizens with the advantages such as efficiency, confidentiality, flexibility, and so on. The arbitrators, as the soul of the arbitration procedure, have made a lot of contributions to the development of arbitration. However, it is undeniable that the arbitrator is living in a market economy environment, and they are the individuals who hands arbitration authority, it will be inevitable that there are some cases of power abuse. In addition, for the parties who make the choice for arbitration, there seems no reason not to proceed the compensation to them if the arbitrators make damage to their interests with great mistake. To this end, the article firstly states the importance of legal liability of arbitrators, then divides the legal liability into civil liability and criminal liability and to explore both of their theories and practices.This article is divided into four chapters, about thirty thousand words.The first chapter I make statement for the basic problems related to legal liability of arbitrators, including the introduction of the obligations of arbitrators, defining the concept of legal liability of arbitrators, and expounding and proving the importance of legal liability of arbitrators.The second chapter I introduce different theories for the nature of the arbitration and states my personal standpoint on it, since the nature of the arbitration is the theoretical basis of the system of legal liability of arbitrators. Then, I divide the legal liability into civil liability and criminal liability and make statement for different theories and legislation practices all around the world. On this basis, I point out my own view on whether the arbitrators should be responsible for the legal liability and what the range should be for arbitrators to be responsible for the legal liability.The third chapter I make introduction of the legislation status of liability of arbitrators in our country, and make analysis of the status from both positive aspect and negative aspect.The fourth chapter I put forward my own view on how to improve the system of legal liability of arbitrators in our country, including designing the civil liability from both entitative aspect and procedural aspect, designing the criminal liability from both macroscopic aspect and microcosmic aspect.