This English-language PhD thesis deals with the civil liability of arbitrators. Arbitration is a form of alternative dispute resolution (ADR). The PhD thesis contains a detailed overview of the civil liability of the arbitrator towards one or more parties to the arbitration under current Dutch Law. The study addresses various questions, points of discussion and knowledge gaps related to the subject, including the question of the applicable standard for assessing arbitrators' liability and whether the arbitral award rendered by the arbitrator(s) must first be set aside by the civil court before the question of liability of the arbitrator(s) can be assessed. These points are discussed against the background of the legal relationship between the arbitrator and the parties to the arbitration. Furthermore, the PhD thesis gives an impression of the types of errors arbitrators may make in the performance of their duties and an indication of how such errors should be assessed in practice. Finally, topics such as the arbitrator's insurance and liability and the applicability and validity of contractual exclusions from the arbitrator's liability are discussed.

Contains fulltext : 319564.pdf (Publisher’s version ) (Closed access)

Promotores : Klaassen, C.J.M., Ernste, P.E.

Radboud University, 03 juni 2025

XIX, 650 p.