مسؤولية المحكم

الملخص EN

The responsibility of the arbitrator has become a topical issue.

Dissatisfied litigants failing to challenge the sentence, turn against those who have made it.Given that arbitration is of a contractual essence, it does not consider the issue of responsibility relating to this activity exclusively in this light.

But the judicial function of the arbitrator shall take precedence over the contractual origin of his mission.

Thus, his function controls some immunity that allows him to complete his judicial task without being legally involved.

The basis of this functional immunity lies in the legal nature of the mission.

At the same time, the parties should be able to put at risk if the way the arbitrator accomplishes his mission shows serious misconduct, a breach of the obligations specifically defined by the parties in the arbitration agreement or a judicial malfeasance within his function.

Because of mixed character of its status as both judge and party to a contract, the responsibility of the arbitrator is quite complex.

Is the arbitrator just a service provider or is he a full judge who must be protected in the exercise of his function?