THE ARBITRATOR‘S LIMITS OF PERFORMANCE AND THE OCCURRENCE OF LIABILITY IN THE ARBITRATIONAL PROCEDURE

Authors

  • Alessandra Jeanne Dias Christ FURB

Keywords:

Árbitro. Arbitragem. Procedimento Arbitral. Poder de Atuação. Princípios. Responsabilidade Civil.

Abstract

For the fact of arbitration to present hybrid nature and all its acts being practiced under the consent of the parts involved, a doubtful question emerges with current relevance: the arbitrator possess, in the exercise of the arbiter, civil and or criminal liability for its acts, as well as the arbitrational agency, which manages the activities of the arbitrational process? This is the purpose of this study, which first considers to approach the limits of power conferred to the arbitrator when in the exercise of its function, therefore identifying the application of the civil liability in the institute of the arbitration, with that in mind this is a theme not yet approached by the doctrine with the severity that it deserves. Key words: Arbitrator. Arbitration. Arbitrational Procedure. Power of Action. Principles. Civil Liability.

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