| Abstract [eng] |
The dissertation analyses issues related to the arbitrator’s civil liability. Firstly, when examining different theories of arbitrator’s civil liability, the author asserts that arbitrators should be granted qualified immunity from civil liability based on the intent or gross negligence of arbitrator. In order to substantiate this statement, regard is devoted to reveal arbitrator’s status and the relationship between arbitrators and parties to the dispute. Second, following the doctrine of qualified immunity, other important aspects are analysed, for example, issues of applicable law and jurisdiction. The dissertation consists of seven parts. First part deals with different theories of arbitrator’s civil liability. Second part analyses the issues of arbitrator’s status in order to justify the applicability of qualified immunity. Third part examines the conditions of civil liability while fourth part reveals the relationship between the liability and other means to protect infringed rights such as annulment of arbitral award. Fifth part addresses the issue of who has a right to claim civil liability of arbitrators. Finally, the remaining two parts deal with the issues of applicable law and jurisdiction. |
