ارساء المسؤولية المدنية للمحكم في الخصومة التحكيمية : بين إشكالات التكييف و حتمية الحد من الأخطاء التحكيمية

Abstract EN

legal and jurisprudential problems, this is due to the wide controversy in which the issue of determining the legal nature of the arbitrator's task, between those who acknowledge the permissibility of holding the arbitrator accountable due to the nature of his contractual mission, and those who reject this and grant him a kind of immunity for being performing a judicial function.

In the midst of this discrepancy, part of the jurisprudence has tended to lay the general rules of civil liability on the arbitrator to limit his mistakes (contractual and tortuous) based on the arbitration contract that links him and the parties of the dispute, taking into account the special rules that characterize the arbitration system.

Indeed, this provides a kind of security and reassurance for the arbitrator