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Explorative Analysis of the Arbitrator Civil Liability System

Author: ChenChuYang
Tutor: QiaoXin
School: China University of Political Science
Course: Procedural Law
Keywords: Arbitrator Civil liability Limited Exemption
CLC: D925.7
Type: Master's thesis
Year: 2011
Downloads: 100
Quote: 1
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Abstract

As we all know, arbitration is an efficient, confidential, professional and strong, and many other advantages, but are dependent on the professional, good character arbitrator. Arbitrator determines whether the quality of arbitration cases, but also determines the future of the arbitration industry. Therefore, the arbitrator in the enjoyment of power at the same time, it should breach its obligations under the provisions of responsibilities. Arbitrator's significance lies not only civil liability regime for restricting the powers of the arbitrators, in order to ensure the fairness of the arbitration, but also because the relief party arbitrator in the arbitration due to misconduct suffered economic losses. Reasonable and effective civil liability regime can either regulate conduct of the arbitrator, the arbitrator to prevent the abuse of power in order to ensure the fairness of the arbitration; also can control a party arbitrator abuse complaints, to ensure that the arbitrator's authority. For the civil liability of arbitrators provisions are very vague and lack of maneuverability, in practice there was no precedent for civil liability of arbitrators. In this paper, the theory of civil liability of arbitrators as a starting point, combined with foreign arbitrators civil liability legislation and judicial practice, based on China's actual situation, the relevant system envisaged. This four chapters: The first chapter, \The first part of the chapter describes the basic situation of the arbitrator, the arbitrator on the meaning and importance of the arbitrators were analyzed; second part of the civil liability of arbitrators are defined, and the arbitrator and the arbitrators civil liability , drew a distinction between civil arbitration body, a clear sense of arbitrators civil liability system. The second chapter is \The first part of the chapter analyzes the theoretical basis for civil liability of arbitrators, namely the nature of the right to arbitration and the arbitrators and the relationship between the parties, the nature of the right to come to arbitration for civil and judicial mixed, and based on this arbitrators relationship between the parties and can not be a purely contractual relationship or a specific identity relationship, but rather a mixture of both; second part of the reference to the national legislation and judicial practice on civil liability of arbitrators approximate national legislation and judicial practice divided into three categories: civil liability of the arbitrator, the arbitrator and the arbitrators civil immunity civil liability of the limited exemption of the arbitrator only part of the conduct of civil liability is increasingly more countries to accept; third part of the first part on the basis of analysis of the arbitrator limited civil liability exemption is reasonable. The third chapter is \The first part of the chapter analyzes the arbitrator's powers and the corresponding obligations; second part of the arbitrators should bear the obligation, based on a clear arbitrators shall bear civil liability for the specific circumstances, responsibility principle and civil liability exemptions range. The fourth chapter is \The first part of the chapter analyzes of existing provisions regarding liability of arbitrators, and makes the evaluation; second part of the third chapter of the arbitrator on the basis of civil liability regime made suggestions for improvement; Part III by improving the civil liability system arbitrator supporting measures.

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