A Discussion on the Three-Tier Logic of Arbitrators' Civil Liability

Abstract

The system of arbitrator liability is a core issue in the arbitration legal system, involving a balance between the fairness and efficiency of arbitration and the protection of the parties' rights. This paper, starting from the theoretical foundation of the legal status of arbitrators, systematically analyzes the composition, exemption boundaries, and improvement paths of the arbitrator liability system. First, based on contractual relationships, it explores the special service contract relationship between arbitrators and parties; second, from the perspective of their status, it analyzes the quasi-judicial functions and professional duty of care of arbitrators; finally, combining the theory of judicial immunity, it proposes to construct a limited exemption system "based on the degree of fault in defining the scope of liability." By comparing international legislative examples with the limitations of Article 38 of China's Arbitration Law, it proposes suggestions for improving China's arbitrator liability system, including clarifying the nature of liability, optimizing procedural safeguards, and establishing professional insurance mechanisms, to achieve a value balance between the fairness and efficiency of arbitration.