Comparative Study Of Commercial Arbitrator Liability In An International Perspective

Commercial arbitrator plays a crucial part in commercial arbitration, and determines the quality of commercial arbitration. Because of the increasingly importance of commercial arbitration, much concerns have been paid on the liability of commercial arbitrators. While there is no uniform law of commercial arbitrator liability, and existing legal practices are quite vary, which cause concerns of the business community.Commercial Arbitration in China started late, but has developed rapidly. With more and more people understanding the arbitration and beginning to use the arbitration, commercial arbitration now plays an increasingly prominent role in Chinese economic activity. The government also promotes the development of commercial arbitration as an innovation of social management. But the current legal system of commercial arbitration is far from perfect, particularly with regard to liability of commercial arbitrator, which impeded the further development of commercial arbitration. Furthermore, as the member state of the New York Convention (1958), China should also meet the development of international commercial arbitration in order to provide a more agreeable condition for commercial arbitration.This article draws on research findings and advanced academic views of scholars both at home and abroad. First, the article gives us a panoramic view of the current legislation of commercial arbitrator liability then analyzes the shortcomings. Secondly the article analyzes the legal status of commercial arbitrators through a comparative method and determines the value of commercial arbitrator liability. Finally, combining with China’s condition, the article makes recommendations to the establishment of Chinese commercial arbitrator liability system.This article is divided into four chapters:Chapter one introduces the current legal practices of arbitrator’s liability on which basis to rise and discuss the problems of arbitrator liability system. Chapter two analyzes the legal status of arbitrators by comparing the relationship with the parties of commercial arbitration and the differences between arbitrator and judge. Chapter three discusses the problems of Chinese commercial arbitration legal system and make preparation for the conclusions in chapter four, on that basis chapter four gave suggestions to the improvement of commercial arbitrator liability system in Chinese commercial arbitration from civil liabilities to criminal liabilities and professional liabilities on the basis of this thesis’s researching.