THE LIABILITY OF ARBITRATORS IN CIVIL LITIGATION

Claudia Rosu
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Claudia Rosu: Prof. PhD.habil. Department of Legal Studies, West University Timisoara, ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2018, vol. 72, 172-183

Abstract: Arbitration is an alternative jurisdiction with private character. The arbitrators are appointed, dismissed or replaced according to the arbitration covenant. They are responsible for their actions if causing injuries to the parties involved in the arbitration proceedings. However, the opinions on the legal nature of the liability of arbitrators are not uniform. Some authors consider that there is a tort liability, while others argue that there is a contractual one. In our opinion, the arbitrators’ liability is contractual, insofar as their appointment is grounded in the arbitration agreement and is confirmed through the acceptance of that position.

Keywords: alternative jurisdiction; arbitration; appointment; contractual liability (search for similar items in EconPapers)
JEL-codes: K4 (search for similar items in EconPapers)
Date: 2018
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