Study On The Civil Liability Of International Commercial Arbitrator

Arbitration, as a means of alternative dispute resolution outside the lawsuit, with its own unique advantages in the international commercial arbitration stand out to get the favour of many commercial activities participants, the arbitrators as the cornerstone of arbitration system determines the quality of the arbitration and the development of arbitration system. Therefore, the arbitrator power constraints and arbitrator responsibility is particularly important. This paper expounds the international commercial arbitration in the related theory about the arbitrator civil liability, and the legislation of countries and international organizations, On analyzing the present situation and problems of the arbitrator civil liability in our country and the defects of the arbitrator civil liability in China. In combination with the practical situation of legislation in our country and our country puts forward Suggestions for perfecting the arbitrator civil liability.This paper mainly discusses the civil liability of arbitrator, structurally divided into four parts in this paper. First of all, the first part of this paper is mainly the paper selected topic research background research significance and research methods adopted by the domestic and foreign research situation and so on made relevant is introduced. Secondly, the paper, the concept of the second chapter to the arbitrator responsibility made a definition, analyzes the arbitrator responsibility specific and to define the connotation of the arbitrator civil liability. Again, the paper third chapter from the perspective of the restriction of power and responsibility, the responsibility is put forward the concept of control, the international three arguments about the arbitrator civil liability exemption is full responsibility theory, absolute immunity theory and comparative analysis of the theory of limited liability, Describes the arbitration rules of advanced countries and international institutions on legislation related to the civil liability provisions of the arbitrator, the arbitrator shall bear clear release certain limit civil liability, as well as the limited grounds to assume civil liability. Finally, based on our legislative practice, it analyzes the shortage of power that is the arbitrator of the International Commercial Arbitration Arbitrator civil liability system exists in the exercise of legislative boundaries are unknown, the constituent elements of civil liability is not standardized arbitrator, the arbitrator civil liability range unreasonable and arbitrator Civil Responsibility insufficient. Therefore, on the basis of the previous text analysis, the paper put forward suggestions and countermeasures to improve the current situation in China. First of all, bear range expansion of arbitrator civil liability; Second, clear the arbitrator responsibility; After time, to define the arbitrators power, clear the arbitrator may exercise which power; Finally, the standard components of arbitrator civil liability. Through the above measures and Suggestions in order to improve the arbitrator civil liability system in China, for the parties to arbitration to build a set of perfect legal protection system, weigh the good commercial arbitration development, commercial arbitrator responsibility and interests of citizens’ legitimate rights and interests protection, in order to better development of arbitration.