A Study On Arbitrator Liability System

International commercial arbitration has become an effective way toresolve international civil and commercial disputes. Arbitrators are thecore of the arbitration system and influence the result of an arbitrationcase and even the development of arbitration. The impartiality andefficiency of arbitration depends on the arbitrators. A rational andeffective system of arbitrator liability can not only prevent arbitratorsfrom abusing their authorities, but also protect arbitrators against theexcessive litigation from the losing party, thus achieving the two majorvalue of arbitration——justice and efficiency.The current stipulations regarding the liability of the arbitratoris obscure, which prevent China becoming an important arbitration serviceprovider. Based on the basic theory on arbitrator liability, thisdissertation tries to present some suggestions to establish a morefavorable arbitrator liability system in China, through comparative studyof the legislation and practice in other countries.The dissertation comprises four chapters.Chapter One——Basic Theory on Arbitrator Liability System makes aprimary on the nature of arbitration, the conception and qualification of arbitrator, analyzes the importance of arbitrator and defines thearbitrator liability.Chapter two——Theory Analysis and Practice Research on ArbitratorLiability System firstly studies criminal liability of the arbitratorsin other countries. And the second section compares three differentpositions on civil liability of the arbitrator, which are strict liability,absolute immunity and limited immunity.Chapter three——System Design of Arbitrator Liability Systemfirstly presents the duties of arbitrator, and then make specific designfor the scope of liability and immunity on the basis of limited immunityof arbitrators.Chapter four——Current Legislation And Improvement of ArbitratorLiability System in China presents some feasible suggestions to currentlegislation, and presents the suggestions to establish arbitratorliability insurance system and arbitrator training system to improve thesupplementary measure of civil liability of arbitrators.