Reviewing and looking at the responsibility of judges in the legal system of Iran and Americ

The legal system includes rules, procedures, and institutions by which public initiatives and private endeavors can be carried out through legitimate means. In other words, is a system for interpreting and enforcing the laws. It elaborates the rights and responsibilities in a variety of ways. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. All parties have the right to resolve their dispute by referring to one or more arbitrators. Of course, it doesn't matter if their dispute has been raised in court or not, or if it has been raised, at what stage it has reached. The civil liability of the arbitrator is one of the conditions agreed upon in the arbitration contracts between the parties and the arbitrator, and therefore the limits of the arbitrator's liability can be changed and adjusted by the parties by observing the mandatory rules of domestic law. An arbitrator is a private judge who accepts judicial duties by virtue of a contract. Therefore, the contract is concluded between the arbitrator and the parties. All legal systems have confirmed the existence of the contract and the judicial duty of the arbitrator. Failure to perform the duty of arbitration can result in disciplinary, criminal and civil liability, but the legal systems of the world do not agree on the principle of civil liability of the arbitrator. Arbitration has always been considered as an alternative to judicial proceedings, in Iran's civil procedure law, ۴۸ articles are dedicated to it, which shows the importance of this institution from the perspective of Iran's legislators. Arbitrators have powers and duties in resolving disputes, which can cause them to be responsible, the basis of this responsibility is different in the laws of different countries, there are similar differences regarding the limits of their authority, in this research, the basis of the arbitrator's responsibility is in The laws of Iran, international documents and the laws of other countries, especially the United States, in terms of contractual, non-contractual, or professional nature on the one hand, and the limits of this responsibility in terms of absolute, binding, or immunity, were examined and it was determined that different countries They have adopted different solutions, and for this reason, most of the international documents have not clearly determined the task in this matter

کلیدواژه ها:

arbitrator ، contractual responsibility ، non-contractual responsibility ، professional responsibility ، absolute immunity