The Finnish Supreme Court and the Liability of Arbitrators

2240 Words Nov 4th, 2012 9 Pages
Journal of International Arbitration 23(1):95--]00,2006. © 2006 Kluwer Law International. Printed in The Netherlands.
The Finnish Supreme Court and the Liability Of
Arbitrators
Gustaf MoLL1 R*
I. INTRODUCTION
On January 31, 2005, the Finnish Supreme Court gave its judgment in a case con¬cerning arbitrators' liability.; An arbitral award had been set aside as the chairman of the arbitral tribunal could have been challenged on grounds of which the parties, at whose request the award was set aside, had not been aware before the award was rendered. The arbitrator was found liable to compensate these parties, who had been claimants in the arbitral proceedings, for the costs and expenses they had incurred because of the arbitral
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The courts found, however, that Professor Tepora's conduct was only to be regarded as slightly negligent (culpa Levis) and that there were no particularly important reasons that would have made it possible to hold Professor Tepora liable in tort.
' "An arbitral award may be set aside by the court upon request of a party if (1) the arbitral tribunal has exceeded its authority." a EUR166,725.70.
"(1) An arbitrator shall be impartial and independent. (2) When a person is approached in connection with his possible appointment as an arbitrator he shall, unless he refuses to accept the appointment, immediately disclose any circumstances likely to give rise to justifiable doubts as to his impartiality and independence.. (3) An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such cir¬cumstances of which the parties have not previously been informed"
6 412/1974. °IV. THE SUPREME COURT
The Supreme Court held that the fact that the award had been set aside had caused the Ruolas to incur additional costs and expenses, as new arbitral proceedings had become necessary. As to the

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