Issues of arbitrator‘s liability as regards the right to fair trial: what way to choose for policy-maker?
ENThe purpose of this paper is to analyse whether the indecisiveness of most policy-makers in different countries on arbitrator’s liability helps protect human right to fair trial or denies it. In order to achieve this goal, firstly, the issues of arbitrator’s liability are examined: the paper tries to reveal the main problems of arbitrator’s liability and examine why most laws on arbitration do not regulate the issue. Secondly, the paper analyses whether the situation, when the policy-maker guarantees immunity to arbitrator, would help ensure the right to fair trial on one hand and, on the other hand, whether the situation when arbitrator can be held liable for the damages he or she caused would ensure the impartiality and independence of arbitrator. Thirdly, the paper examines and evaluates the situations when qualified immunity is guaranteed to arbitrators. When analysing abovementioned issues, the author argues what regulation would be the most suitable for the protection of the right to fair trial. Based on the experience of other countries and on the opinion of legal scholars, the paper concludes that limited immunity of an arbitrator would solve the analysed issue. The paper aims to examine both laws, doctrine and case-law of various countries which have strong arbitration traditions.
