A Study On The Liability Of Arbitrators

Nowadays, principle of pro-arbitration has been universally established in the world and arbitration has become an important method to resolve civil and commercial disputes. Arbitrators are the core of the arbitration system and influence the result of an arbitration case and even the development of arbitration. The impartiality and efficiency of arbitration depends on the arbitrator. The system of arbitrator liability is designed to guarantee the impartiality and prudence of arbitrators and to compensate the damaged party from arbitrators'improper actions. This dissertation tries to compare the main position of other countries on the issue of arbitrator liability and through analysis give some reasonable suggestions to the arbitral statutes and practice, hoping to form a complete system on this issue and enhance the development of arbitration.This dissertation comprises 4 chapters, totaling nearly 30,000 words.Chapter 1 deals with the summary of arbitrator liability. This chapter firstly introduces the main issues about arbitrators such as the definition of arbitrators, the requirements and conditions imposed on arbitrators, the important status and functions of arbitrators in arbitration and so on. On this basis, the dissertation defines the arbitrator liability as the legal liability of arbitrators for the violence of the law or breach of the agreement with the parties when they exercise their mission. Then the necessity and importance of the system of arbitrator liability is analyzed.Chapter 2 firstly presents the two theoretical bases of arbitrator liability. The two basic issues are character of arbitration and legal status of arbitrators. Different opinions lead to different positions on arbitrator liability. The second section compares three positions on this issue of other countries, which are strict liability, absolute immunity and limited immunity. Through analysis on this issue, it concludes that the limited immunity is the best choice. Then the third section explains the rationality of limited immunity through theory basis and practice of other countries.Chapter 3 designs the specifics of arbitrator liability system on the position of limited immunity of arbitrators. The first section presents the duties of arbitrators and the reasons of arbitrator liability. The second section tries to keep balance between arbitrator liability and immunity. Arbitrators should be immune from civil liability for conduct if an arbitrator acts with due diligence, but liable for damages by intent or gross negligence. And arbitrators can be criminally liable for their actions.Chapter 4 concerns the issue of arbitrator liability in China legal system. Through analysis of China's statutes and judicial practice on this issue, this chapter gives some feasible suggestions to perfect the legal system.