On The Disputation Of Legal Liability Of Commercial Arbitrators Of China

The tendency that more and more business men favor to choose commercial arbitration is derived from its efficiency and impartiality. The arbitrators, as the soul of the arbitration procedure, have played an important role in the development of arbitration. However, it is undeniable that the arbitrator is a human being, and they are the individuals who hands arbitration authority, it will be inevitable that there are some cases of power abuse. So the arbitrator causes more attention from researchers, and the legal liability of arbitrators becomes a sensitive and important subject in law science circle. This paper, applying analysis and compare methods by concluding the practice of arbitral institutions, certain provisions of national arbitration law and relative theory, emphatically analyzes the nature of the liability for arbitrators, the theory on the liability of arbitrators and the civil liability of arbitrators and the criminal liability of arbitrators. And then it makes an introduction of the legislation status of liability of arbitrators in our country. At last, the paper states defects of Chinese arbitrators’ civil and criminal liability system, and also gives some propositions on how to improve the system of legal liability of arbitrators.This paper is divided into four parts. Starting from the concept of the liability of the arbitrators, the first part of the paper discusses the theory on the liability of arbitrators:absolute immunity theory, unlimited liability theory, and qualified immunity theory. At the same time, it introduces the way how different countries and arbitral institutions deal with this issue. The second part analyzes the nature of the liability of arbitrators and divides the legal liability into civil liability and criminal liability. The third part makes a statement of the legislation status of liability of arbitrators in China and points out the deficiency of the laws and regulations. Considering the specific provisions in the Arbitration Law of PRC. Amendment Ⅵ to Criminal Law of PRC and some related laws and regulations, the last part gives several propositions on how to establish civil liability system and criminal liability system on arbitrators in China so as to enhance the arbitration law of China.