Explorative Analysis Of Arbitrator Liability System

International commercial arbitration has become an effective way to resolve cross-border disputes, thanks to its highly flexibility and validity. Since the arbitrators play a key role in exerting the advantages of the arbitration, the liability of arbitrators has aroused wide concerns. A rational and effective system of arbitrator liability can not only prevent arbitrators from abusing their authorities, but also protect arbitrators against the excessive litigation from the losing party and the collaterally attack on the award, thus achieving the two major value of international commercial arbitration-----justice and efficiency.However, there exists the critical fact that the arbitrator liability system in China can hardly meet the need of China becoming a major arbitration service provider on the international arena. Based on such situation, this thesis tries to present some useful suggestions conceiving the proper arbitrator liability system in China, through theoretical analysis of arbitrator liability and comparative study of the position and practice of other countries.The thesis consists of four chapters.Chapter One----Basic Theory on Arbitrator Liability makes a primary research on the nature of arbitration, the relationship between arbitrators and parties, arbitrators and arbitration institutions, and the legal authority and responsibility.Chapter Two----Basic Theory and Practice Research on Arbitrator Liability System firstly studies the definition and content of arbitrator liability, and then makes a research on the traditional theory and practice of the other countries dealing with both the civil and criminal liability of the arbitrators, emphasizing particularly on the strict liability and absolute immunity theory.Chapter Three----Theoretical Study and System Design of Arbitrator Civil Liability and Immunity analyzes the rationality and necessity of the qualified immunity theory, differentiates between the two kinds of arbitrator conducts, and then makes some specific design for the arbitrator liability system on the basis of defining the respective scope of liability and immunity.Chapter Four----Research and Reflection on arbitrator liability system in China deals with the legislation and practice of arbitrator liability in China, analyses the existing problems on this issue, and then presents some suggestions to establish and improve the arbitrator liability system in China, hoping to enhance the development of arbitration.