Keywords
positive capacity
negative capacity
independence
impartiality
number of arbitrators
acceptance
resigns
responsibility
honorarium
substitution of arbitrators
How to Cite
Abstract
The present work begins with the observation of the particular relevance that has the figure of the arbitrator for the arbitration law, along with the affirmation of the axial character of this one. Next, the subject of the foreign arbitrator is analyzed soon and both types of capacity that demand for its functional exercise: positive and negative capacity. Soon, one approaches the transcendental subject of independence and impartiality of the arbitrator, for next dealing with the mechanism of the disqualification, as well as the subject of the professional
arbitrator.
Later, the ethical projection of the arbitrator is analyzed, in who it is observed the subjection of his conduct according to conscience and science. Soon, the subjects relative to the designation and acceptance of the arbitrators are analyzed, in who its personal determination stands out as much as its consequent assumption of rights and obligations respect to the parts. Next, the subject of the number of the arbitrators studies that it concerns an uneven composition that favors to the majority decision. Later, the subject of the resignation of the arbitrators is analyzed, observing particularly its procedural
and subjective effects.
Finally, we analyzed the responsibility of the arbitrator in its civil modality as much penal, as well as the subject relative to the determination and payment of its honorarium.
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