Civil liability of the arbitrators
Embargo Lift Date: 2021-02-02
Konuralp, Orhan Emre
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This study examines the legal basis, scope and consequences of the civil liability of arbitrators, who constitute one of the essential elements of arbitration, which is a frequent dispute resolution method. For this purpose, the legal basis of the relationship between the arbitrators and the parties to the dispute is first examined. Later on, the legal nature of the arbitration agreement, which constitutes the basis of the contractual relationship, is examined and the rights and obligations of the parties arising from this contract were handled separately. Finally, it is discussed how the arbitrators' civil liability is covered by law and whether these regulations are restrictive. In addition, the civil liability of the arbitrators is compared with the civil liability of the judges and it is asked whether the arbitrators have an immunity from civil liability. The criminal liability of arbitrators is also taken into consideration, as far as it is related with civil liability.