مبدأ حصانة المحكم في الخصومة التحكيمية : بين التكريس التشريعي و التفعيل العملي

Abstract EN

The arbitrator's immunity against arbitral errors is one of is one of the complex topics that have occupied legal thought and prevented the arbitrator from knowing whether to enjoy it or to assume civil liability, given the many legal problems it raises.

This issue has received great legislative and doctrinal attention, and opinions on it have varied between proponent and denier of the notion of immunity, depending on the theory on which it is based in each direction, when determining the legal nature of the function of the arbitrator.

However, despite differing views, they all agreed that limits should be estabitrator to give effect to the principle of the immunity of the arbitrator in order to ensure rights of parties to an arbitral dispute.