Compensation for damages caused by an arbitrator: is a civil action in a criminal case only?
DOI:
https://doi.org/10.17308/law/1995-5502/2025/3/96-101Keywords:
commercial arbitration, immunity of an arbitrator, liability of an arbitrator, liability of a judge, civil claims in a criminal case, competition of forms of protection of law, professional immunitiesAbstract
The article is devoted to the provisions of Article 51 of the Federal Law No. 382-FZ of 29 December 2015 «On Arbitration (Arbitration Proceedings) in the Russian Federation», which provides for the possibility to hold an arbitrator financially liable only in a civil action in a criminal case. The authors assess the reasonableness of the approach chosen by the legislator from the standpoint of the essence of civil action as a way to protect the rights and legitimate interests of victims of crime, as well as compare it with the procedure for bringing to property liability for violations committed by judges. The researchers substantiate the absence of political-legal and formal-legal grounds for restricting the procedural form of compensation for the harm caused by the arbitrator only to a civil action in a criminal case, and formulate proposals to improve the current legislation.
