论仲裁员的法律责任

On Arbitrator's Legal Responsibility

仲裁员的法律责任是指在仲裁活动中,仲裁员因违反法律的规定而对仲裁协议当事人所负的责任。责任论和责任豁免论都有其合理成分,基于仲裁的契约性和准司法性属性,有限的责任豁免应当属于较为符合仲裁性质的仲裁员责任承担方式。仲裁法律责任体系中应当包括民事责任、刑事责任以及包括撤销仲裁裁决、不予执行仲裁裁决、更换仲裁员等对违法仲裁的否定性责任。

Arbitrator＇s legal responsibility is the responsibility that the arbitrator has to shoulder to the party of an arbitration agreement in the arbitration because of violating the legal regulations. Responsibility theory and responsibility exempt theory have its rational components. According to the arbitration contract and para-judiciary attribute, limited responsibility exempts belong to the arbitrator＇s responsibility in accordance with arbitration character. System of legal arbitration responsibility includes civil responsibility, criminal responsibility and includes the negative responsibilities against the arbitration laws such as canceling arbitration decision, not carrying out arbitration decision and changing an arbitrator and so on.