Arbitrator is a private judge. He accepts a judicial function by a contract. All legal systems (common and civil Law) have been recognized this contract and the arbitrator’s judicial function. Leave or violation of duties by the arbitrator can be followed by the different sanctions including civil, criminal and disciplinary, but the common law and civil law start from the opposite directions to determine the standard liability of arbitrators. In the common law world, an arbitrator (like judge) benefits a judicial immunity from civil liability. He is not liable for anything he does or omittes in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith or his resigning without authorization. But, in the civil law systems, when arbitrators fail to obligations born of contract concluded with parties of the dispute, the arbitrators have civil responsibility like each contractor.
Taghipour, B. (2014). Liability of arbitrators in the law of Iran and some countries. Comparative Law Review, 5(1), 57-85. doi: 10.22059/jcl.2014.51528
MLA
Bahram Taghipour. "Liability of arbitrators in the law of Iran and some countries". Comparative Law Review, 5, 1, 2014, 57-85. doi: 10.22059/jcl.2014.51528
HARVARD
Taghipour, B. (2014). 'Liability of arbitrators in the law of Iran and some countries', Comparative Law Review, 5(1), pp. 57-85. doi: 10.22059/jcl.2014.51528
VANCOUVER
Taghipour, B. Liability of arbitrators in the law of Iran and some countries. Comparative Law Review, 2014; 5(1): 57-85. doi: 10.22059/jcl.2014.51528
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