Study On The Responsibility System Of Arbitrators In Commercial Arbitration

As one of the methods of dispute resolution,arbitration has been favored by both parties for its high efficiency,flexibility,confidentiality and economy.The decision of the fourth plenary session of the 18 th central committee of the communist party of China clearly stated that "we should improve and perfect the diversified dispute resolution mechanism,improve the arbitration system and improve the credibility of arbitration",and made clear the development direction of the arbitration system.When the parties choose arbitration to solve the disputes,they not only pay attention to the advantages of arbitration,but also hope that the disputes can be judged fairly.If the credibility of arbitration is not maintained,it will not only affect the image of arbitration in the public mind,but also hinder the development of arbitration.The arbitrator is the main body who exercises the right of judgment and makes the arbitration award.Therefore,it is particularly important to supervise and regulate the arbitrator’s behavior.Among them,the establishment of a perfect arbitrator responsibility system is not only the supervision and restriction of the arbitrators’ exercise of the right of arbitration,but also the basic institutional guarantee for the healthy development of China’s arbitration.In addition to the introduction and conclusion,this paper is divided into three parts:The first part is the theoretical basis of arbitrator liability system.This part mainly through the discussion of the arbitrator liability system basic theory,we can more accurately the nature of the location of the arbitration,clarify the legal relationship between the arbitrator and the parties concerned,to understand the arbitrator in the arbitration proceedings shall enjoy the rights and obligations as well as the arbitrators shall guarantee the independence and impartiality during the hearing of cases,to perfect our country commercial arbitration the arbitrator liability system in the basic theory of argument.The second part,the types of responsibility of arbitrators in commercial arbitration.Legal liability is usually divided into civil liability,criminal liability and administrative liability.This part based on the particularity of arbitration practitioners,by an arbitrator in the scope of commercial arbitration responsibility forms of investigation,analysis and induction,the arbitrator in the commercial arbitration in China are put forward including inside and outside two aspects,the liabilities of the need to build is given priority to with internalself-discipline arbitrators responsibility,external heteronomy arbitrators responsibility relies on the civil liability and criminal liability of responsibility system.The third part is the suggestion of perfecting the responsibility system of arbitrators in commercial arbitration.This part puts forward some Suggestions on how to improve the self-discipline liability system,civil liability system and criminal liability system of arbitrators in commercial arbitration in China through the three liability forms of arbitrators’ self-discipline liability,civil liability and criminal liability.