The Extent of the Arbitrator's Immunity from Civil Liability Compared to the Judge's Immunity (Comparative Study)
Abstract
This study aims at the legal dimensions of the legislative deficiency of the arbitrator's immunity from civil liability in the Jordanian Arbitration Law, which the legislator granted to the judge.
The researchers reached the need to amend the provisions of the Jordanian Arbitration Law to grant immunity to the arbitrator, especially since the work is similar to that of a judge.
The judicial immunity of the arbitrator is civil liability in comparison with the immunity of the judge
Jordanian and Egyptian lawmakers have imposed restrictions on the civil (commercial) arbitrator's responsibility for the mistakes he makes while performing his arbitral mission, This is to encourage arbitration, compared to the position of the arbitrator over the judge's function, hence granting the Jordanian legislator and the Egyptian legislator and the judgments of the commercial arbitrator judicial immunity similar to that enjoyed by the judge but much less than the immunity of the judge.
We therefore consider it appropriate to examine the arbitrator's immunity, beginning with a shedding light on the judges' immunity from civil responsibility, given the similarity in the task entrusted to both the judge and the arbitrator, which is to resolve disputes by a legally binding and enforceable judgment.
This requires us to present the principle of judicial immunity from civil liability, and the reasons that support and oppose such immunity, in order to determine the judicial immunity of arbitrators of civil liability.
References
[2] Al-Sanea, H.H. 2012. Civil Liability of the Arbitrator, Master Thesis, Middle East University, Jordan.
[3] Al-Sha'er, R. 1977. Responsibility for the Judicial Authority, Dar Al-Nahda Al-Arabiya, Cairo, 2nd edition.
[4] Al-Sha'er, R. Responsibility for the Work of the Judiciary, op. Cit., P. 182.
[5] Al-Shaer, R. 1983. Responsibility for the Judicial Authority, Dar Al-Nahda Al-Arabiya, Cairo, 2nd floor.
[6] Al-Tamawi, S. 1977. The judiciary compensation and methods of appeal sentences, Dar Arab thought, Cairo.
[7] Amer, A. 2015. Immunity of the judge, the portal of the Egyptian time.
[8] Ayyad, A.R. 1981. Fundamentals of Judicial Science, Public Administration Institute Press, Jordan.
[9] Ayyad, A.R. The origins of the science of justice, previous reference.
[10] El-Helm, A. 1994. Arbitration Contract between Arbitrators and Opponents, Journal of Law, Second Issue, Cairo.
[11] El-Helm, A. 1994. Arbitration contract concluded between arbitrators and litigants, Law Magazine, Second Issue, Egypt.
[12] El-Sharkawy, A.M. and Wali, F. 1976. Civil and Commercial Procedures, Dar Al-Nahda Al-Arabia, Cairo.
[13] Hashem, M. 1981. Civil Justice Law, 1st Floor, Dar Al Fikr, Cairo.
[14] Rahman, H.A. 1997. The Role of the Arbitrator in the Arbitration and the Limits of its Arbitration, PhD Thesis, Cairo University.
[15] Saabneh, M. 2008. Civil Liability of the Arbitrator, Comparative Study, Dar Al-Nahda Al-Arabia, 1st Floor, Cairo.
[16] Saabneh, M. Civil Liability of the Arbitrator, Ibid.
*** Issue: Jones V.Brown, 54Lowa74,78, N.W140,37AM.Rep.185
*** Decision of the Egyptian Court of Cassation of 214-1980, set of cassation rulings, year 31, 514.
*** Decision of the Egyptian Court of Cassation, issued on 19/6/1980, set of cassation rulings, year 31, 1791.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.