General Law

The voluntary arbitration is when the arbitration is agreed to through a by arbitration agreement and the arbitration is unavoidable when by law it settles down that it must be gone necessarily to the arbitration. A related site: Liberty Life mentions similar findings. 7. BY ARBITRATION AGREEMENT Within the arbitration a fundamental part is the by arbitration agreement that according to article 9 of the General Law of Arbitration it is the agreement so that the one that the parts decide to put under arbitration the controversies that have arisen or can arise among them with respect to a certain contractual or noncontractual legal relation, are or nonmatter of a judicial process. The by arbitration agreement forces the parts and to his successors to the accomplishment of whichever acts they are necessary so that the arbitration is developed, it can have fullness of effects and is fulfilled the award by arbitration. The by arbitration agreement can stipular sanctions for the part that fails to fulfill any act indispensable for the effectiveness of the same, establish guarantees to assure the fulfillment the by arbitration award, as well as grant special faculties to the referees for the execution of the award in revolt of forced part. Independently the referees are authorized to impose fines until by a maximum of two Tributary Tax Units to the part that does not comply with its mandates. These fines will be in favor of the other part, will consist in the by arbitration award and they will execute themselves jointly with this last one. In the first part of article 10 of the same Law one settles down that the by arbitration agreement is celebrated in writing, under invalidity sanction, in such sense we can affirm that the by arbitration agreement is ad solemnitatem. 8. NOTARIAL PROTOCOLIZACION Article 57 of the General Law of Arbitration has an advantage with respect to the norms that regulate the extrajudicial conciliation in the Peruvian positive right, in which settles down that the award, its corrections, integration and explanations, can be protocolised notarially, to request of anyone of the parts.

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