English abstract
The study aimed to elucidate the extent of the civil liability of the arbitrator in
arbitration disputes according to Omani law, outlining the conditions of the arbitrator, both
contractual and legal. Additionally, it aimed to explain the nature of the arbitrator's work in
terms of contractual, judicial, mixed, and independent aspects. The study also aimed to
highlight instances where the arbitrator breaches the obligations imposed on them, whether
arising from breaching contractual commitments or violating obligations imposed by the
nature of their judicial function, alongside discussing the judicial immunity of the arbitrator.
In order to achieve the study's objective, I relied on a descriptive analytical research
methodology, examining the legal texts concerning the work of the arbitrator as stipulated
in Omani arbitration law. Additionally, I reviewed civil law texts to explore the civil
liability of the arbitrator.
The study concluded several key findings, notably that the legal position of the
arbitrator and their special status within the arbitration system impose several obligations.
Among the most crucial is adherence to the principles of neutrality and independence.
Moreover, the arbitrator must consider the fundamental principles of adjudication from the
outset of undertaking the assigned task until rendering the final decision. The study
revealed that the arbitrator must comply with all the terms specified in the arbitration
agreement and any terms agreed upon by the disputing parties. Additionally, the findings
indicate that the arbitrator should conduct deliberations before issuing the arbitration award
and must also justify their decision in writing.
Based on these findings, the study recommended the establishment of a
comprehensive system outlining the authorities granted to arbitrators and their scope. It
emphasized the necessity of providing a degree of relative immunity for arbitrators from
civil liability. Furthermore, the study suggested implementing mechanisms or enacting
legislation aimed at elevating the stature of the arbitrator, ensuring their prestige is on par
with that of a judge. This would enable them to adjudicate disputes optimally.
Additionally, it recommended granting arbitrators certain powers akin to those granted to
judges appointed by the state, given that they perform a function similar to that of a judge,
essentially functioning as a private judge.
Keywords: Civil Responsibility, Arbitrator, Omani Law.
