Study On The Liability Of Arbitrators

The power and duties of arbitrators come from agreement of the parties and nationallaws. That is to say, the abusing of power or the violating of duties can lead toliabilities.Therefore, it is quite necessary to establish the system of arbitrators’ liability.The main liability of arbitrators is legal liability, to some extent, that is civil liability.According to the relationship between arbitrators and the parties, the theory of civilliability includes strict liability, absolute immunity and limited immunity. Through analysison the issue, it comes to a conclusion that the limited immunity is the best choice. Limitedimmunity combines contractualliability and justiciability, admitted both in theory and inpractice,it is more fair and more rational. According to limited immunity, the doctrine ofliability is fault principle. In general,arbitrators’ liability is excluded except in case ofconscious and deliberate wrongdoing, also referred to in other rules or provisions as fraudor bad faith.In our country, there are only two articles to carry on the stipulation of arbitrators’legal liability,namely “Arbitration Act”38thand “Criminal Law Bill forAmendment(six)”,stipulating“the crime of distorting the law to arbitrate”.These twoarticles have progressive significance from certain stratification plane.But because ofcareless of stipulation and weakness of feasibility, the function is not obvious in practice.So, we should construct an arbitrator legal liability system in the foundation ofconsummating our country’s legislation, which is rational and easy to operate: to establishand perfect the civil liability and criminal liability; to take professional liability and moralliability into effect. On the base of discussion above, the essay intends to raise advices toperfect arbitrators’ liability, and bring out the plan of arbitrators’ liability system in ourcountry.