Rights, Duties And Civil Liability Of The Umpire Arbitrator

Abstract

This paper discusses the rights, duties and civil liability of the umpire arbitrator, in a comparative context between Jordanian and Saudi Arbitration Laws. The paper aimed at clarifying the appropriateness of applying the general provisions of arbitrators to the umpire arbitrator, in both Jordanian and Saudi Laws.

              The research showed that the umpire arbitrator is needed when the opinions of arbitral tribunal are diverged where no majority of the tribunal. The arbitration tribunal can select an umpire arbitrator to favor one opinion. Such feature is adopted by Saudi Arbitration Law issued by decree 34 in 2012 and its amendments, in contrary to the Jordanian Arbitration Law which doesn't adopt it.

              The paper concluded that the umpire arbitrator has rights, and abides by legal duties for solving the dispute, where he/she is responsible for his/her mistakes if they lead to damage against the litigation parties. The paper suggested some recommendations which can be adopted by both Jordanian and Saudi legislators.