| Commercial Arbitration Responsibility Institution (CARI) is an important system established to ensure that commercial disputes are arbitrated impartially and efficiently; it also plays a positive role in preventing tribunal from abusing their arbitral rights, avoiding their intentional activities doing agent concerned harm, and improving the quality of arbitration. Therefore, arbitrators and arbitration institutions'responsibilities have been regulated in many countries'arbitration legislation and the arbitration rules of international commercial arbitration organization. Our country's Arbitration law also stipulates the responsibility of arbitrator. After the"Perverting arbitration crime"has been regulated by in the 22nd congress of Standing Committee of the National People's Congress,that arbitration responsibility especially arbitrator responsibility system has become a new focus in academic circle.In this paper, principles and theories of arbitration responsibility system will be analyzed by summarizing commercial arbitration responsibility system, arbitrator responsibility system, arbitration tribunal responsibility system and other aspects. Antithesis and summary are put into use to preliminarily introduce commercial arbitration responsibility system in China and to investigate some problems of commercial arbitration responsibility system from theory and practice.The paper is divided into 4 chapters, the first chapter clarifies the concept first, introducing the concept and meaning of duty system of commercial arbitrator, responsibility system of commercial arbitration court and the responsibility system of commercial arbitration tribunal; as based on different arbitration theories, it will result in different understandings of arbitration responsibility, this paper introduce 4 different arbitration theories. In the meantime, it analyses the necessity of setting up arbitration responsibility system on the needs of right balance and the unity of right and obligation.Chapter Tow discusses the existence of arbitration tribunal by analyzing the law relationship between arbitrator and arbitration person involved. The paper then points out that there are 3 theories in business arbitration tribunal after studying the legislation experiences of setting up arbitration tribunal responsibility system of some countries and international arbitration tribunals. Namely, it is the theory of arbitration tribunals taking exemption right, arbitration tribunals taking responsibility and arbitration tribunal's responsibility limited exemption principle.Chapter Three systematically introduce the base, the principles and the legislation practice of arbitrator responsibility system, pointing out that because different countries adapt different commercial arbitrator responsibility system, it leads out different attitudes toward the legislation of commercial arbitration responsibility system. The commercial arbitrator responsibility exemption principle, commercial arbitrator responsibility principle and commercial arbitrator responsibility limited exemption principle consist the 3 main responsibility principles in the academic circle of commercial arbitration law. However, with the development of commercial arbitration system, many more countries change their attitudes of commercial arbitrator responsibility system gradually from responsibility exemption principle or responsibility principle to commercial arbitrator responsibility limited exemption principle.Chapter four is the key point of this paper. After summing up the commercial arbitration theory and experiences, the author believe that though it is controversy to set up arbitration responsibility system, especially how to set up arbitrator and arbitration duty system in theory, it is also a hard question in reality. However, as the set up of commercial arbitration responsibility system can help arbitrator to pay attention on the professional obligation as well the fair behavior obligation, taking care of the glory and reputation as an arbitrator; to help arbitration tribunal to be careful when choosing arbitrator and improve arbitration service quality, the author brings out his own idea and legislation suggestion on the set up of business arbitration responsibility system. He thinks China should set up commercial arbitration responsibility system according to China's national conditions and based on business arbitration responsibility limited exemption principle. This includes: 1. The form and condition of arbitrator's duty,2. Detailed content and form of arbitration tribunal duty,3. Responsibility that bore both by arbitration tribunal and arbitrator。To sum up, arbitration is attractive of its independency and impartiality, therefore, setting up reasonable and effective commercial arbitration responsibility system will not derogate the reliance of commercial arbitration in mental view of arbitration person, but will advance the commercial arbitration developing continually to a impartial and independent forward. |
