The Civilian and Judicial Immunity Arbitrator Responsibilities

Abstract

The researchers provided in this study, an overview brief about the Civilian and Judicial Immunity Arbitrator Responsibilities that will deserves, and they discussed the similarities and differences between the perspective of Jordanian law and Saudi law in this range, Depending on several different aspects: the scope of civilian responsibility to the arbitrator that given by the obligations incumbent upon himself, And the responsibility of the arbitral Authority cases arising from the breach of contractual obligations, and then the responsibility of the arbitral Authority cases arising from the breach of obligations imposed the nature of the judicial function.

Then the researchers drew their study towards to the principle of judicial immunity from civilian responsibility and justifications behind or against judicial immunity, and judicial immunity that the arbitrator obtained in litigation arbitration and content of judicial immunity to the arbitrator of civilian responsibility and, finally, the rationale behind or against judicial immunity for the arbitrator.

This study found there is a variation in jurisprudence around the nature of function the arbitrator in the dispute, and that the nature of function the arbitrator has directs impact on determining the scope of civilian responsibility for an arbitrator to the parties of litigation arbitration, and the Jordanian law arbitration is truly poor from any Text decide which civilian responsibility on the arbitrator for its mistakes that perpetrated while he carrying out his function in the arbitration dispute. So the researchers recommend to finding a detailed regulation law to specify the responsibility of the arbitrator that based on the privacy which imposed by his mission.

Key words: The Judicial immunity, the civilian responsibility, the Jordanian law, the Saudi law, the arbitrator, Arbitral Authority, Contractual obligations.