Responsabilidad civil de los árbitros por inadecuada administración de justicia.

Abstract

The civil responsibility of the arbitrators is an institution that in our country is vague and at the same time ambiguous. Ordinary judges, referred to as the state judges, are subject to regulation and control by the Council of the Judiciary with respect to their actions within the framework of the application of the law. Thus, in the case of committing unjustifiable errors in those that cause damages to the individuals, the State will answer for these damages and losses. The arbitrators, being in charge of providing the public service of justice as established in the Organic Code of the Judicial Function, and as this arbitration service is private and expensive, must also respond to those who hire them to administer justice, for the damages that cause the parties for breach of their arbitration mandate due to fraud or inexcusable negligence in the application of the right. However, this is a matter that is not regulated by the Arbitration and Mediation Law, unlike ordinary judges, therefore it is necessary to implement a system of civil liability of the arbitrators for inadequate administration of justice.