A Responsabilidade Civil do Árbitro

Abstract

ABSTRACT: The increasing importance of arbitration in Brazil has as a natural consequence a greater importance to the arbitrator liability topic. Not only the fact that arbitration is mostly used as a single instance dispute resolution method but also the high complexity levels and figures involved in arbitration proceedings count for the huge importance and responsibility of the arbitrator's activity. Although the Brazilian arbitration law has expressly given the arbitrators the same treatment as the one given to Court judges for criminal law purposes, there is no specific provision regarding the civil liability of arbitrators. Therefore, the article approaches the subject relating to the civil liability of arbitrators with a comparative perspective in relation to other parts of the world, particularly those where arbitration has been practiced for a longer period of time. The paper takes into account both the contractual and jurisdictional aspects of the arbitrators' activity, seeking to analyze the impacts of these aspects within the civil liability sphere.