Thematic Scope Of Civil Liability Of Arbitrator According To The Decisions Issued From Him/Her

Cheraghi, Mohammadjavad; Ensafi Azar, Behnam; Askari, Hekmat Alah

doi:10.22106/jlj.2024.2039478.6026

Thematic Scope Of Civil Liability Of Arbitrator According To The Decisions Issued From Him/Her

Document Type : Research/Original/Regular Article

Authors

mohammadjavad cheraghi ¹

behnam ensafi azar ²

hekmat alah askari ²

¹ COURT

² University faculty

10.22106/jlj.2024.2039478.6026

Abstract

Under the Code of Civil Procedure for Public and Revolutionary Courts in civil matters and the International Commercial Arbitration Law , it is not explicitly or precisely determined in case of the arbitrator's fault whether an arbitrator’s civil liability is limited exclusively to the awards he issues that adjudicate the substance of the dispute and conclusively resolve the case or it just applies to all decisions and actions of the arbitrator during the arbitral proceedings. This study, through an analytical-descriptive approach in addressing the aforementioned question, concludes that "If we limit the civil liability of the arbitrator or arbitral tribunal solely to 'awards' as defined in Article 299 of the Code of Civil Procedure for Public and Revolutionary Courts, we will face illogical outcomes contrary to the fundamental principles and objectives underlying civil liability. The principle of "benefit is tied to liability”, the theory of fault as the basis of the arbitrator's civil liability, and the prohibition of property rights violation, all support this view.

Keywords

arbitration

award

arbitrator’s decisions

arbitrator’s civil responsibility

fault

Subjects