Improve The Civil Liability System Of Arbitrators

The current stipulations regarding the civil liability of the arbitrator is obscure, resulting the arbitrators enjoin the absolute immunity in fact. Referring to the other nations'law and jurisdiction practice, the civil liability of the arbitrators varies a lot, includes Absolute Immunity, Absolute liability and Limited Liability. Taking the Chinese reality into consideration, we should set up the limited civil liability system for arbitrators. The author hopes that we should improve the civil liability system to adapt to the marketing economy and economic globalization.The thesis consists of three chapters:Chapter one is the general overview of the civil liability system. It is mainly on the basic conceptions of civil liability of arbitrator; comparing the civil liability of arbitrator with judge and expert, and summarizing the characteristics of the civil liability of arbitrator; then the author introduces legislation practice in America, Sweden, Britain and Germany.Chapter two is on the recognition of the civil liability of arbitrator. To recognize it, the author firstly clarifies whether the arbitrator takes the civil liability basing on breach of contract or tort. The liability of arbitrator is the contradiction between the liability of tort and the liability of breach of contract. Whether the client decides sue on tort or sue on the breaching of contract, influencing very little on their rights. Due to the specialty of the civil liability of arbitrator, the component factors include fault, misconduct, the fact of damage and causality.Chapter three is on the improvement of the civil liability of arbitrator. So far the incomplete of the civil liability of arbitrator has brought some problems to the development of the arbitral industry. As China enters WTO, we are encountering opportunities as well as challenges. At the present, improving the civil liability of arbitrator system sounds very important. The author gives some suggestion on the revision of some articles of the Law of Arbitration, and the establishment of the liability insurance system as well as training system for the arbitrator.