论文部分内容阅读
仲裁责任属于仲裁外部关系问题,因而需要着重考虑其司法性。有限仲裁豁免的理论已经为世界上多数国家的立法和司法实践所支持。有限仲裁豁免就意味着有限的责任。目前,我国现有仲裁责任制度尚不完善。本文拟以仲裁协议当事人与仲裁员、仲裁协议当事人与机构仲裁中的仲裁机构之间存在特殊服务合同关系为出发点,对我国仲裁责任制度从责任主体、责任要件、责任范围、责任形式、追责时效和追责程序等六个方面进行重构。
The responsibility of arbitration belongs to the question of the external relations of arbitration, so it needs to consider its judicial nature. The theory of limited arbitration exemptions has been supported by the legislative and judicial practice in most countries of the world. Limited arbitration exemption means limited liability. At present, the existing system of arbitration responsibility in our country is not yet perfect. This article intends to arbitration agreement between the parties and arbitrators, arbitration agreements and arbitration agencies in the arbitration agency there is a special service contract between the relations as the starting point of our arbitration responsibility system from the main responsibility, the responsibility of the elements, the scope of responsibility, responsibility, responsibility Timeliness and accountability procedures six aspects of reconstruction.