Arbitration-Court training and procedural statement

Abstract

Arbitration is one of the conflict resolution methods provided for by law that removes the primacy of the Judiciary to decide disputes between natural or legal persons, leaving the task of settling the matter in question to be judged by a third party freely chosen by the parties. To do so, the arbitration procedure must be established, which depends on the mutual agreement of the parties, provided they are capable, and the subject matter to be submitted to this type of resolution should be a right that can be relinquished. Through the arbitration agreement, which can be arranged through a clause or an arbitration commitment, the parties can define the procedures that will govern the arbitration process and guide the arbitrators’ actions. If the parties do not define these procedures, they can adhere to the rules of the chosen arbitration institution where the arbitration will take place, or leave it to the discretion of the arbitrators to define the procedures. It is important to emphasize that, despite all the freedom granted to the parties, they cannot, by explicit legal provision, suppress the right to due process and a full defense. In order to provide a better understanding of the arbitration process, this work intends to cover all its stages, from the legal principles that surround it, evaluating recent legislative changes, through the establishment of the arbitration procedure and the actions involved in the instruction and judgment.