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The Liability Of Arbitrators In Civil Litigation

Author

Listed:
  • Claudia ROSU

    (Prof. PhD.habil. – Department of Legal Studies, West University Timisoara, ROMANIA.)

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.

Suggested Citation

  • Claudia ROSU, 2018. "The Liability Of Arbitrators In Civil Litigation," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 72, pages 172-183, January.
  • Handle: RePEc:pmu:cjurid:v:72:y:2018:p:172-183
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    More about this item

    Keywords

    alternative jurisdiction; arbitration; appointment; contractual liability;

    JEL classification:

    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior

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