An action for liability against arbitrators, pursuant to Article 813-ter, paragraph 3, of the Code of Civil Procedure, may be brought during pending arbitration proceedings exclusively in the circumstances provided for in paragraph 1, point 1, of the same provision, that is, when the arbitrator has omitted or delayed acts required by wilful misconduct or gross negligence and has consequently been declared removed, or has renounced the appointment without justified reason. Outside such circumstances, an action for liability brought before the conclusion of the arbitration proceedings is inadmissible.
The regime governing the liability of arbitrators under Article 813-ter of the Code of Civil Procedure responds to the need to prevent an abusive and distorted use of the action for liability as a means to exert undue pressure on arbitrators, thereby influencing the outcome of the arbitration proceedings.
Where an award has been rendered, an action for liability against arbitrators may be brought only after the final judgment upholding the challenge to the award has become res judicata and solely in respect of the grounds upon which the challenge has been upheld, pursuant to Article 813-ter, paragraph 4, of the Code of Civil Procedure.