Absoliutaus imuniteto taikymo arbitrams prielaidos ir perspektyvos

LTReikšminiai žodžiai: Arbitražas; Imunitetas; Arbitrage; Immunity.

ENThis article examines the issues related to the absolute immunity of arbitrators. Under the jurisdictional theory of arbitration, arbitrator’s functions are more or less the same as those of state judge. Whereas judges enjoy immunity from civil claims under international and national laws, the jurisdiction theory claims that arbitrators should enjoy the same immunity as judges. This article aims to verify the validity of the abovementioned statement and to analyze grounds for absolute immunity in arbitration. In order to reveal the before mentioned issues, the author examines doctrine and case-law of foreign countries, including the most significant and historical judgments on judicial or arbitral immunities. The author also analyzes the opportunities to apply absolute immunity to arbitrators in Lithuania. In order to reveal this issue, author examines the case-law of the European Court of Human Rights as well as national legal regulation. The article concludes that although jurisdiction theory of arbitration is one of the main theories of arbitration, absolute immunity of arbitrators is an exception and not the rule in national laws of various countries. Qualified immunity is predominant approach to the issue. Taking into account the legal regulation in Lithuania, absolute immunity is not allowed under the provisions of Civil Code, therefore qualified immunity should prevail in Lithuania as well. [From the publication]