Rãspunderea arbitrilor
The liability of Arbitrators
Author(s): Raul MironSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: arbitrators; responsability; civil tort; disciplinary proceedings; criminal responsability;
Summary/Abstract: Arbitrators, unlike judges, have a legal status that does not offer a protection comparable to that of magistrates, being subject to disciplinary, civil and criminal sanctions for the way in which they exercise thei mandate as arbitrators. In this paper we are going to identify and present the premises for engaging disciplinary proceedings against arbitrators and we will develop the conditions in which the civil tort of an arbitrator cand be engaged, for the wrongfull execution of the mandate received. The criminal responsability of arbitrators in Romania, although theoretically a fertile field of study, mainly due to the complexity of the discussions it generates, is insufficiently assessed at this moment in Romanian legal literature. As such, in this article we shall identify the main problems and difficulties in establishing the conditions for engaging the criminal liability of arbitrators
Journal: Analele Universității de Vest din Timișoara - Seria Drept
- Issue Year: 2018
- Issue No: 2
- Page Range: 187-202
- Page Count: 15
- Language: Romanian