The article addresses the notion of liability of arbitrators from an academic perspective, by focusing on various arbitration regulations. Also, the article focuses on the notions of independence, neutrality and impartiality of arbitrators, which should characterize arbitrators during the entire arbitration proceedings in which they were appointed. The replacement of arbitrators during the proceedings is allowed as a result of incompliance with the previously mentioned notions. Furthermore, given the amendments to arbitration regulations, the notion of liability of arbitrators was tackled from the perspective of new amendments in the arbitration field.
However, irrespective of the dynamics of such notions in arbitration regulations, the liability of arbitrators is great and is becoming more and more complicated, following an increase in the popularity of arbitration and the increased trust in this form of dispute settlement, as an alternative to state justice. Given the high level of complexity of the topic and the author's intention to provide an accurate view, the author has compared various arbitration rules and the corresponding regulations setting measure to this notion.
New Romanian Code of Civil Procedure
Arbitrators’ Liability under New ICC Rules
American Arbitration Association Rules
ICSID Regulation
Commercial Arbitration Rules of the Japan Commercial Arbitration Association
Romanian Law
Court of International Commercial Arbitration and the Rules of Procedure of the Chamber of Arbitration of the Bucharest Stock Exchange
Rules of Arbitral Procedure of the Court of International Commercial Arbitration under the Chamber of Commerce and Industry of Romania
Dr. Alina Mioara Cobuz Bagnaru - Attorney-at-law, PhD, Member of the Bucharest Bar, Founding Member of Cobuz si Asociatii, Arbitrator with the Bucharest Stock Exchange, FINBAN mediator, Member in European Court of Arbitration
e-mail: alina@cobuz.ro
