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ACT 1563
(July 12)
Official Journal No. 48.489 of 12 July 2012
CONGRESS OF THE REPUBLIC
By means of which the Statute of National and International Arbitration is issued and other provisions are issued.
COLOMBIA CONGRESS
DECRETA:
NATIONAL ARBITRATION.
GENERAL RULES OF NATIONAL ARBITRATION.
ARTICLE 1o. DEFINITION, MODALITIES AND PRINCIPLES. Arbitration is an alternative dispute settlement mechanism by which the parties defend arbitrators the settlement of a dispute concerning free provision or those that the law authorize.
Arbitration is governed by principles and rules of impartiality, suitability, speed, equality, orality, publicity and contradiction.
The arbitral award is the judgment that the court of arbitration proposes. The award may be in law, in equity or technical.
In the courts in which a public entity intervenes or who performs administrative functions, if disputes have arisen because of or on the occasion of the celebration, development, execution, interpretation, termination and settlement of State contracts, including the economic consequences of administrative acts issued in the exercise of exceptional powers, the award shall be provided in law.
ARTICLE 2o. ARBITRATION CLASSES. The arbitration will be ad hoc, if it is conducted directly by the arbitrators, or institutional, if administered by an arbitration center. In the absence of agreement with regard to its nature and when the parties are silent in the arbitration agreement, the arbitration shall be institutional. Where the dispute is over contracts concluded by a public entity or who performs administrative functions, the process shall be governed by the rules set out in this law for institutional arbitration.
Arbitral processes are higher when they deal with property claims over four hundred current monthly legal minimum wages (400 smlmv) and lower amounts, the others.
Where, by reason of the amount or the nature of the matter, no lawyer is required before the ordinary judges, the parties may intervene directly in the arbitration.
ARTICLE 3o. ARBITRATION AGREEMENT. The arbitration agreement is a legal business by virtue of which the parties submit or are required to submit to arbitration disputes that have arisen or may arise between them.
The arbitration agreement implies the parties ' renunciation to assert their claims before the judges. The arbitration agreement may consist of a compromise or an arbitration clause.
In the arbitration agreement the parties shall indicate the nature of the award. If nothing is stipulated in this respect, the latter shall be entitled.
PARAGRAFO. If in the term of the transfer of the claim, or of its response, or of the previous exceptions, one party invokes the existence of an arbitration agreement and the other does not expressly deny it, before the judges or the court of arbitration, the existence of an arbitration agreement is validly understood.
ARTICLE 4. ARBITRATION CLAUSE. The arbitration clause may form part of a contract or consist of a separate document unequivocally referred to.
The arbitration clause that is agreed upon in a separate document from the contract, to produce legal effects, must express the name of the parties and accurately indicate the contract to which it refers.
ARTICLE 5o. AUTONOMY OF THE ARBITRATION CLAUSE. The absence, ineffectiveness or invalidity of the contract does not affect the arbitration clause. As a result, disputes in which the existence, effectiveness or validity of the contract is debated may be submitted to arbitration and the court's decision shall be conducive even if the contract is non-existent, ineffective or invalid.
The assignment of a contract containing an arbitration agreement involves the assignment of the arbitration clause.
ARTICLE 6o. Commitment. The commitment may consist of any document, containing:
1. The names of the parties.
2. The indication of the disputes that are submitted to the arbitration.
3. The indication of the process in progress, where there is a place. In this case, the parties may extend or restrict the claims made at that time.
ARTICLE 7o. REFEREES. The parties shall jointly determine the number of arbitrators, which shall always be odd. If nothing is said about it, the referees will be three (3), except in the minor proceedings, in which case the referee will be unique.
The arbitrator must be Colombian and a citizen in exercise; not have been convicted of a judicial sentence for a custodial sentence, except for political or culpous crimes, nor have he been disqualified from public office or Sanctioned with removal.
In the arbitration in law, the arbitrators must comply, at least, with the same requirements as to be a magistrate of the Superior Court of the Judicial District, without prejudice to the additional qualities required by the regulations of the arbitration centres or by the parties to the arbitration agreement.
ARTICLE 8o. APPOINTMENT OF THE ARBITRATORS. The parties shall jointly appoint the arbitrators, or delegate such work to an arbitration centre or a third party, in whole or in part. The appointment of the arbitration centres shall always be made by drawing, within the legal speciality relating to the respective dispute and by ensuring a fair distribution between the arbitrators of the list.
No arbitrator or secretary may be held simultaneously as such, in more than five (5) arbitration courts in which a public entity is involved or who exercises administrative functions in the conflicts relating thereto.
ARTICLE 9o. SECRETARIES. The arbitrators shall appoint a secretary who shall be a lawyer and shall not be a spouse or a permanent partner, or have a contractual, subordination or dependencyrelationship, of kinship up to a fourth degree of consanguinity or civil or second affinity, with none of the arbitrators. The secretary must be chosen from the list of the center where the arbitration procedure is conducted.
ARTICLE 10. TERMINO. If in the arbitration agreement no term is indicated for the duration of the process, it shall be six (6) months, counted from the completion of the first processing hearing. Within the term of the process, it must be provided and reported, including the providence that resolves the request for clarification, correction or addition.
This term may be extended by one or more times, without the total of the carryovers exceeding six (6) months, at the request of the parties or their proxies with express faculty.
At the start of each hearing, the secretary will report the end of the process.
ARTICLE 11. SUSPENSION. The process shall be suspended at the request of both parties with the temporary limitation provided for in this law and, in addition, from the moment an arbitrator is declared impeded or recused, and will resume when resolved in this respect.
You will also be suspended for inability, waiver, relief, or death of any of the arbitrators until your replacement is provided.
At the end of the process, the suspension days will be added, as well as the interruption days for legal reasons. In any case, the parties or their proxies may not request the suspension of the process for a time that, in addition, exceeds one hundred and twenty (120) days.
There will be no suspension for prejudiciality.
PROCESSING.
ARTICLE 12. INITIATION OF THE ARBITRATION PROCESS. The arbitral process shall begin with the filing of the complaint, which shall meet all the requirements of the Code of Civil Procedure, accompanied by the arbitration agreement and addressed to the arbitration center. agreed by the parties. In its absence, one of the place of the defendant's domicile, and if it is plural, in that of any of its members. The arbitration centre which is not competent shall forward the claim to the institution. The conflicts of jurisdiction arising between arbitration centres shall be resolved by the Ministry of Justice and the Law.
If there is no arbitration center at the agreed domicile or at the defendant's domicile, the request for a call shall be filed in the nearest arbitration center.
Dealing with processes in which a public entity is sued, the corresponding arbitration center must send communication to the National Legal Defense Agency of the State, reporting the filing of the lawsuit.
The referral of the communication referred to in this paragraph is a prerequisite for the continuation of the arbitration process.
ARTICLE 13. POVERTY PROTECTION. The poverty cover shall be granted, in whole or in part, in the terms of the Code of Civil Procedure. If the proxy is appointed, the proxy shall be made to the fate of the lawyers included in the list of arbitrators of the respective arbitration centre unless the person concerned designates it.
Without prejudice to the judgment of the award on costs, the person shall be exempt from the payment of the fees and expenses of the arbitral tribunal, without his counterpart having to bear what he would have been responsible for paying.
ARTICLE 14. INTEGRATION OF THE ARBITRAL TRIBUNAL. For the integration of the tribunal shall proceed as follows:
1. If the parties have appointed the arbitrators, but the arbitrators do not agree, the director of the arbitration centre shall cite them by the means which they consider to be more expeditious and effective, in order to be pronounced within five (5) days. Silence shall be understood as declination.
This same term and the effect granted to the silence shall apply to all events in which the arbitrator has been appointed and the arbitrator must express its acceptance.
2. If the parties have not designated the arbitrators to do so, or have delegated the appointment, the director of the arbitration centre shall require the party to consider the parties or the delegate, as the case may be, to be more expeditious and effective than in the term of five (5) days make the designation.
3. If the parties have delegated to the arbitration centre the designation of all or any of the arbitrators, it shall be made by draw within five (5) days following the request of any of them.
4. In the absence of the designation by the parties or by the delegate, the civil judge of the circuit, at the request of either party, shall appoint, by drawing, principal and alternate, from the list of arbitrators of the centre where the demand, to which he will report his/her performance.
5. In the same way you will proceed whenever you need to designate a replacement.
6. The parties, by common agreement, may replace, in whole or in part, the arbitrators prior to the installation of the tribunal.
ARTICLE 15. INFORMATION DEER. The person to whom his appointment is communicated as an arbitrator or as secretary shall inform, when accepting, whether he agrees or has agreed with any of the parties or their proxies in other arbitral or judicial processes, administrative formalities or any other professional matter in which he or any member of the office of lawyers to which he belongs or has belonged, intervenes or has intervened as an arbitrator, proxy, consultant, adviser, secretary or auxiliary of justice in the course of the last two (2) years. It shall also indicate any relationship of a family or personal nature to the parties or their proxies.
If within five (5) days of receipt of the acceptance communication, any of the parties shall express in writing justified doubts about the arbitrator's impartiality or independence and his desire to relieve the arbitrator with basis in the information provided by it, its replacement shall be carried out in the form provided for this purpose, provided that the other arbitrators consider the reasons for their replacement justified or the arbitrator expressly agrees to be relieved. When it is a sole arbitrator or the majority or all, the civil judge of the circuit of the place where the arbitration tribunal operates shall be decided. In the case of a secretary, the arbitrators shall decide.
If during the course of the process it will be established that the arbitrator or the secretary did not disclose information that they had to supply at the time of accepting the appointment, therefore only they will be prevented, and thus they will have to declare it, be recused.
In any case, throughout the process, the arbitrators and the secretaries must disclose without delay any circumstance that may have occurred, which could generate doubts about their impartiality and independence in the parties. If any of these considers that such a circumstance affects the arbitrator's impartiality or independence, the other arbitrators shall decide on their separation or continuity, and if there is no agreement between them, or shall be the sole or the majority or all, the civil judge of the circuit of the place where the court of arbitration works.
ARTICLE 16. IMPEDIMENTS AND RECUSAL. Arbitrators and secretaries are prevented and are challenged by the same causals provided for judges in the Code of Civil Procedure, by the inabilities, prohibitions and conflicts of interest. identified in the Single Disciplinary Code, and for failure to comply with the duty of information indicated in the previous article.
In the arbitrations in which the State or any of its entities is a party, the causes of impediment and recusal provided for in the Code of Administrative Procedure and the Contentious shall apply in addition to the provisions of the foregoing paragraph Administrative.
The arbitrators appointed by the judge or by a third party shall be liable within five (5) days of the communication of their acceptance to the parties or of the date on which the party had or should have been aware of the facts, in the case of of overlieutenants.
The arbitrators appointed by agreement of the parties may not be challenged, but for reasons beyond their designation, and within five (5) days of the time the party became aware of the facts.
ARTICLE 17. PROCESSING OF IMPEDIMENTS AND RECUSAL. The arbitrator who is declared to be prevented shall immediately cease in his or her duties and shall communicate to whom or who appointed him, to be replaced.
The arbitrator or arbitrators who are challenged will speak within five (5) days of the following. If the recusal or recusal accepts the recusal or is silent, they shall cease immediately in their duties, a fact that shall be communicated to the person who made the designation to proceed to his replacement. If the arbitrator rejects the challenge, the other arbitrators shall decide in a plane. If all the arbitrators or several, or are dealt with as a single arbiter, are challenged, the civil judge in the circuit of the place where the arbitration tribunal operates shall decide in the same way, for which the action to be submitted shall be referred to distribution within five (5) days.
The providence that decides the recusal will not be susceptible to any resource.
If the arbitrator has been appointed by the civil judge of the circuit, in the event of impairment or acceptance of the challenge, the relevant procedural pieces shall be referred to him, without the need for distribution, in order to make the appointment of the arbiter to replace the prevented.
ARTICLE 18. IMPEDIMENTS AND RECUSAL OF MAGISTRATES. The magistrates who know of the extraordinary actions for annulment or review will be prevented and will be recused according to the general rules of the Code of Civil Procedure and, in addition, when in respect of which a causal link is established against those who have intervened as arbitrators, secretary or auxiliary of justice in the arbitral proceedings.
ARTICLE 19. DISCIPLINARY CONTROL. Under the terms of the Statute of the Administration of Justice, the disciplinary control of the arbitrators, the secretaries and the auxiliaries of the arbitral tribunals shall be governed by the disciplinary rules of the judicial and auxiliary servants of justice.
ARTICLE 20. INSTALLATION OF THE TRIBUNAL. Accepted by all the arbitrators and, where appropriate, the completion of the recusal and replacement formalities, the arbitral tribunal shall proceed to its installation, in a hearing for which the arbitration center shall fix day and time.
If any of the arbitrators do not contest, you may submit a justified excuse for your inattendance within three (3) days. If I do not submit such an excuse or, if presented, do not contest the new date, your replacement shall be made in the manner provided for in this law.
In the installation hearing the arbitration center will submit to the arbitrators the file.
The court shall elect a President and appoint a Registrar, who shall state in writing his acceptance within five (5) days of the following, and shall be possessionedonce the processing of information or replacement is exhausted.
Without prejudice to what the court has to decide on its own jurisdiction in the first hearing, the admission, inadmissibility and rejection of the application will be provided in accordance with the provisions of the Code of Civil Procedure. The court shall reject the application of the application if it is not accompanied by proof of the existence of an arbitration agreement, unless the applicant invokes his existence for the purposes of the probative effects provided for in the paragraph of Article 3or. In the event of rejection, the claimant shall have a term of twenty (20) working days to establish the claim before the competent judge to preserve the effects of the filing of the claim with the arbitration centre.
The power to represent any of the parties to the installation hearing includes in addition to the legal powers granted to it, the ability to notify all determinations to be made by the court in the facility, without the opposite can be agreed.
ARTICLE 21. TRANSFER AND DEFENCE OF THE CLAIM. The claim shall be carried forward by the end of twenty (20) days. The latter shall be transferred to the claimant for the term of five (5) days, within which he may request further evidence in connection with the facts of the merit exceptions.
The counterclaim demand is appropriate, but not the previous exceptions or the incidents. Unless otherwise specified, the arbitrators shall decide at the level of any question raised in the proceedings.
PARAGRAFO. The non-interposition of the compromise exception or arbitration clause before the judge implies the waiver of the arbitration agreement for the particular case.
ARTICLE 22. DEMAND REFORM. Notified the defendant of the order admisory of the claim, it may be reformed for once before the initiation of the hearing of conciliation provided for in this law.
ARTICLE 23. USE OF ELECTRONIC MEANS. In the arbitration process electronic means may be used in all proceedings and, in particular, to carry out all communications, both from the court with the parties and with third parties, for the notification of the providences, the presentation of memorials and the holding of hearings, as well as for the keeping of the version of the proceedings and their subsequent consultation.
The notification transmitted by electronic means shall be deemed to have been received on the day it was sent, except in the case of the notification of the self-handling of the claim, in which case it shall be deemed to be made on the day it is received at the address. Recipient's electronics.
The arbitrators, parties and other interveners may participate in the hearings via video conference, teleconference or by any other technical means, under the direction of the arbitral tribunal.
The training and keeping of the file may be carried out in full via electronic or magnetic means.
The arbitration centers shall provide due collaboration to the arbitrators and the parties, and to this end they shall make available, reliable and safe technological resources available to their users.
ARTICLE 24. HEARING OF CONCILIATION . THE TERM OF TRANSFER OF THE PROPOSED MERIT EXCEPTIONS AGAINST THE INITIAL OR COUNTERCLAIM CLAIM, OR ANSWERED WITHOUT ANY PROPOSED EXCEPTIONS, OR EXPIRED WITHOUT A REPLY IS EXPIRED. transfer of the claim, the court will point out day and time to hold the conciliation hearing, to which both parties and their proxies will have to attend.
In the conciliation hearing, the arbitral tribunal will urge the parties to resolve their differences through conciliation, for which they may propose formulas, without any prejudgment. If the parties reach a settlement, the court shall approve it by means of a self-driving order which, in the event of an express, clear and enforceable obligation, shall be enforceable.
The Public Ministry and the National Legal Defense Agency of the State will be able to actively intervene in the hearing in order to get the parties to reconcile their differences and to express their views on the formulas that are propose.
ARTICLE 25. FIXING OF FEES AND EXPENSES. Fracasada in all or in part the conciliation, in the same hearing the court will set the fees and expenses by auto susceptible of replacement, that will be resolved immediately. For the purposes of fixing, it shall take into account the amount of the claim sought, determined in accordance with the Code of Civil Procedure. If there is a counterclaim, it shall be based on that of the largest amount.
The above, without prejudice to the parties, prior to the appointment of the arbitrators, to agree on the fees and to communicate it with their appointment.
ARTICLE 26. LIMIT OF FEES AND DEPARTURE OF EXPENSES. The arbitrators will have as the sum limit to fix the fees of each one, the amount of one thousand monthly legal minimum wages in force (1,000 smlmv). The National Government will regulate fees and charges.
In the case of a single arbitrator, fees may be increased by up to fifty percent.
The secretary's fees may not exceed half of the fees of an arbitrator.
When it is not possible to determine the amount of the claims, the arbitrators will have as the sum limit to fix the fees of each one, the amount of five hundred monthly minimum legal salaries in force (500 smlmv).
ARTICLE 27. OPPORTUNITY FOR ENTRY. In firm the regulation of fees and expenses, each party shall record, within the next ten (10) days, what it corresponds to. The deposit will be made in the name of the president of the court, who will open for his handling a special account in an entity subject to the supervision of the Financial Superintendence. Such an account shall contain an indication of the arbitral tribunal and may only be administered by the arbitral tribunal.
If one of the parties states what corresponds to it and the other does not, that one may do so for this one within the next five (5) days. If the refund is not produced, the creditor may demand payment for the executive route in the face of ordinary justice. For this purpose, the corresponding certificate issued by the president of the court with the signature of the secretary shall be sufficient. No derogation other than that of payment may be invoked at the time of execution. The certificate may only be issued when the providence by which the court is declared competent has been established.
Not to mediate execution, the outstanding expenses of reimbursement will be taken into account in the award for what has happened. In charge of the broken part, interest on arrears shall be caused at the highest rate authorised, from the expiry of the deadline for entry and until the time when the entire amount is cancelled.
Due to the terms intended to make the consignations without having been effected, the court by order shall declare its functions and terminate the effects of the arbitration agreement for the case.
PARAGRAFO. When a party is composed of several subjects, the payment of the fees and expenses of the court will not be fractionable and there will be solidarity among its members regarding the totality of the payment that that part corresponds.
ARTICLE 28. DISTRIBUTION OF FEES. Once the court has jurisdiction, the president shall deliver to each of the arbitrators and the secretary half of the fees, and to the arbitration center the entire amount of the fee; the remainder shall be deposited in the account intended exclusively for the purpose. The president shall distribute the balance of fees upon termination of the arbitration by the parties ' will or by enforceability of the award or the providence that decides on its clarification, correction or complementation.
Terminated or decided on the action for annulment, the president shall make final settlement of expenses and, with the corresponding reasoned account, return the balance to the parties.
ARTICLE 29. PROCESSES SUBJECT TO ORDINARY OR LEGAL PROCEEDINGS. The court of arbitration is competent to rule on its own jurisdiction and its decision prevails over any other proffered to the contrary by a judge or administrative dispute. The above, without prejudice to the provisions of the action for annulment.
If the subject matter of arbitration is known to be the ordinary justice or the administrative dispute, and no single or first instance or termination of withdrawal, transaction or conciliation has been offered; the court The arbitration panel shall request that the file be referred to the respective judicial office.
If such arbitration does not conclude with a ruling, the judicial process will continue before the judge who was coming to know it, for which the president of the court will return the case. The tests carried out and the actions taken in the arbitral proceedings shall be valid.
ARTICLE 30. FIRST PROCESSING HEARING. Once the entire fees and expenses are entered, the arbitral tribunal shall hold the first processing hearing with the assistance of all its members, in which it shall decide on its own jurisdiction to decide in depth the controversy by means of a car that is only capable of replenishment. If it decides that it is not competent to hear of any form of claim and counterclaim, the effects of the arbitration agreement shall be extinguished for the particular case, and shall be returned to the parties, both the portion of unused expenditure, and the fees received. In this case, in order to preserve the effects arising from the filing of the complaint with the arbitration centre, the claimant shall have a term of twenty (20) working days to bring the action before the competent court.
In the event that the court finds itself competent by a majority of votes, the arbitrator who has saved the vote shall immediately cease in his or her duties and be replaced in the manner provided for in this law. Named the replacement, the first processing hearing will resume and finish.
Finally, the court will rule on the evidence requested by the parties and those of its own motion.
The hearing will be completed, the process duration will begin to be counted.
ARTICLE 31. HEARINGS AND EVIDENCE. The full court will hold any hearings it deems necessary, with or without the participation of the parties. The hearings may be held by any system that allows the participants to communicate with each other.
The court and the parties shall have, in respect of the evidence, the same powers and duties as provided for in the Code of Civil Procedure and the rules that modify or supplement it. The providences which decretent tests do not admit any recourse; the ones that refuse them are susceptible of replenishment. Where the evidence is to be carried out abroad, the existing treaties on the matter and, in the case of subsidy, the rules of the Code of Civil Procedure, as appropriate, shall apply. In this case, where all the evidence has been carried out in the process and only the test is missing from the outside, the arbitrators may suspend the arbitral process on their own initiative, while the arbitral process is practised.
In the hearing of the expert's possession, the court will prudentially determine the sums to be entered in good account of the fees of the expert, both the party that applied for the test, and the one who asked additional questions within the term that the court has the effect, so that the proof regarding the party that did not make the consignment is understood to be withdrawn. The court shall set the expert's fees on its occasion and indicate which party or parties shall cancel and in what proportion, and shall have the reimbursement to which it takes place.
The expert will yield the expert in the term that the court will prudentially point out to him. The opinion, of it will be carried forward to the parties for a term of up to ten (10) days, within which those will be able to request clarifications or complementations, than if the court will estimate from, will have to attend to the expert in report to be brought to the attention of the parties by the same term.
In no case will there be a special procedure for the objection of the opinion in a serious error. Within the term of their transfer, or of their clarifications or complementarities, the parties may submit experts to discuss it. In addition, the court, if deemed necessary, shall convene a hearing to which the expert and other experts must be required to be questioned by the court and by the parties.
The final fees of the expert shall be fixed after this hearing has been completed if the expert has been summoned; otherwise, after the transfer of the expert opinion, its clarifications or complications have been dispensed.
ARTICLE 32. PRECAUTIONARY MEASURES. At the request of either party, the court may order the precautionary measures that would be brought before the proceedings before the ordinary justice or the administrative dispute, whose decrees, practice and (a) the rules of the Code of Civil Procedure, the Code of Administrative Procedure and the Administrative Contentious and the relevant special provisions shall be subject to the provisions of the Code of Civil Procedure. The court may commission the municipal civil judge or the circuit of the place where the precautionary measure is to be applied. In the case of arbitral proceedings in which a public entity is a party or who carries out administrative functions, in addition to the possibility to commission civil judges, the court of arbitration may commission the judge administrative, if you consider it convenient.
Additionally, the court may decree any other precautionary measure that it finds reasonable for the protection of the right to the dispute, to prevent its infringement or to avoid the consequences arising from it, to prevent damage, to stop those who have been caused or ensure the effectiveness of the claim.
To decree the precautionary measure, the court will appreciate the legitimacy or interest to act on the parties and the existence of the threat or the violation of the right.
In addition, the court will take into account the appearance of good law, as well as the need, effectiveness and proportionality of the measure and, if it considers it appropriate, may decree a less burdensome or different than the one requested. The court shall establish its scope, determine its duration and may, on its own initiative or at the request of a party, arrange for the amendment, replacement or cessation of the precautionary measure adopted.
In the case of precautionary measures relating to pecuniary claims, the defendant may prevent his/her practice or request his/her removal or modification by means of the provision of a course to ensure compliance with the case. (a) the judgment in favour of the applicant or the compensation for damages for failure to comply with it. Caution may not be provided where the precautionary measures are not related to economic claims or seek to materially anticipate the failure.
In order for any of the above to be enacted, the claimant must provide a 20% (20%) equivalent of the value of the claims estimated in the application, in order to answer for the costs and damages arising from their practice. However, the court, on its own initiative or at the request of a party, may increase or decrease the amount of the course when it considers it reasonable, or fix a higher one when the measure is decreed.
If the court omitted the lifting of the precautionary measures, the measure will automatically lapse after three (3) months from the execution of the award or the providence that definitively decides the action for annulment. The registrar or the one who corresponds to it, at the request of a party, will proceed to cancel it.
PARAGRAFO. The precautionary measures may also be intended to collect evidence elements that may be relevant and relevant to the controversy.
Who exercises jurisdictional functions, may decree precautionary measures for this purpose in processes that are subject to their knowledge, whether or not they are arbitrary processes.
ARTICLE 33. HEARINGS OF PLEADINGS AND AWARDS. Concluded the instruction of the process, the court will hear in hearing the arguments of the parties for a maximum space of one hour each, without interested the number of its members. In the course of the hearing, the parties may submit their written submissions. The court will then point out the day and time for the award hearing, in which the resolutive part of the judgment will be read.
ARTICLE 34. FAILURE OF THE ARBITRATORS. The arbitrator who ceases to attend the hearings for two (2) times without justification, or three (3) occasions with justified excuse, shall be relieved of the position. The remaining umpires will give notice to whoever appointed him to proceed with his replacement.
ARTICLE 35. TERMINATION OF COURT FUNCTIONS. The court shall cease in its duties:
1. Where the consignment of expenses and fees provided for in this Act is not made in due time.
2. By will of the parties.
3. Where the litisconsort necessary that did not subscribe to the arbitration agreement is not notified or does not adhere in due time to the arbitration agreement.
4. For the expiration of the term fixed for the process or the term of its extension.
5. For the execution of the award or, where applicable, of the providence that resolves on the clarification, correction or addition.
6. By the interposition of the action for annulment, without prejudice to the jurisdiction of the arbitral tribunal for the purposes of the appeal.
INTEGRATION OF THE ADVERSARIAL, OTHER PARTIES, AND THIRD PARTIES.
ARTICLE 36. INTEGRATION OF THE CONTRADICTORY. When by the nature of the legal relationship discussed in the process, the award has to generate effects of res judicata for persons who did not stipulate the arbitration agreement, the court will order the personal summons of all of them to manifest whether or not to adhere to the covenant. The personal notification of the providence which so directs shall be effected within ten (10) days following the date of your decree.
The aforementioned will expressly express their decision to adhere to the arbitration agreement within five (5) days. Failure to do so shall declare the effects of the undertaking or the arbitration clause to be extinguished for that dispute. The same pronouncement shall be made when the aforementioned are not notified. In the same providence in which the effects of the arbitration agreement are declared to be extinguished, the arbitrators shall order the repayment to the parties of all the fees. In these events, the prescription will not be considered interrupted and will operate the expiration, unless the respective process is promoted before the judge within the twenty days (20) business following the execution of the providence referred to in this paragraph.
If all of the above adhere to the arbitration agreement, the court shall determine the contribution to them in the general fees and expenses.
In the case of the integration of the adversarial party with whom the arbitration agreement has been concluded, his personal notification shall be ordered, which shall be given twenty (20) days to decide, as appropriate to his or her status as an active party or passive. Due this term, the process will continue processing.
ARTICLE 37. INTERVENTION BY OTHER PARTIES AND THIRD PARTIES. The intervention in the arbitration process of the call in guarantee, of the denounced in the case, of the exclusive intervener and other parties, shall be subject to the provisions in the rules that regulate the matter in the Code of Civil Procedure. The arbitrators shall set the additional amount of their charge by way of fees and expenses of the court, by means of providence which may be replenished. The corresponding sum shall be entered within the following ten (10) days.
In the case of an exclusive intervener who has not subscribed to the arbitration agreement, his claim implies adherence to the agreement signed between the initial parties. Where the intervener who has concluded an arbitration agreement or has acceded to it, does not enter the proceedings in a timely manner, the process shall continue and shall be decided without his intervention, unless the entry is made by any other interested party, applying the relevant article 27.
When the call for assurance or denounced in the suit, which has been signed by the arbitration agreement or has acceded to it, does not provide timely delivery, the process shall continue and shall be decided without its intervention, unless the entry is made by another party. interested, applying the relevant article 27.
In cases of appeal under warranty and complaint of litigation, the existence of the arbitration agreement may also be tested as provided for in the paragraph of Article 3or.
If it is an intervener or a trade name, your intervention will be subject to the rules governing the matter in the Code of Civil Procedure for this class of third parties. In this case, the court will apply to the first paragraph of this rule and the non-payment will make your intervention inappropriate.
PARAGRAFO 1o. When a person who has guaranteed compliance with the obligations arising out of a contract that contains an arbitration agreement is called as a guarantee, that person shall be bound by it.
PARAGRAFO 2o. In no case shall the parties or regulations of the arbitration centers prohibit the intervention of other parties or third parties.
ARBITRATION AWARD AND RESOURCES.
ARTICLE 38. ADOPTION OF THE ARBITRAL AWARD. The award shall be agreed by a majority of votes and shall be signed by all the arbitrators, including by whom the vote has been saved.
The failure to sign any of the arbitrators does not affect the validity of the award.
The dissident arbitrator shall express in writing the reasons for his discrepancy, on the same day as the award is made.
The above also applies to whoever intends to clarify the vote.
ARTICLE 39. CLARIFICATION, CORRECTION AND ADDITION OF THE AWARD. Within five (5) days of its notification, the award may be clarified, corrected and supplemented ex officio; it may also be made at the request of a party, formulated within the same term.
ARTICLE 40. EXTRAORDINARY ACTION FOR ANNULMENT. Against the arbitral award, the extraordinary action for annulment, which must be duly substantiated, must be brought before the arbitral tribunal, with the indication of the causal claims, within the (30) days following its notification or that of the providence that resolves on its clarification, correction or addition. The court clerk will be transferred to the other party for fifteen (15) days without need of order to order it. Upon that, within five (5) days of the following, the Registrar of the Court shall send the written submissions to the competent judicial authority to hear the appeal.
ARTICLE 41. CAUSES OF THE OVERRIDE FACILITY. They are the cause of the override facility:
1. The non-existence, invalidity absolute or inoponability of the arbitration agreement.
2. The expiration of the action, the lack of jurisdiction or jurisdiction.
3. The court has not been legally constituted.
4. Be the appellant in any of the cases of undue representation, or lack of notification or placement, provided that the nullity has not been sanitized.
5. Having refused the decree of a test requested in a timely manner or having ceased to practice a test decreed, without legal basis, provided that the omission was made timely by means of the replacement and that it could have impact on the decision.
6. The award or the decision on its clarification, addition or correction after the expiry of the term fixed for the arbitral process has been proposed.
7. To have failed in conscience or equity, must be in law, provided this circumstance appears manifest in the award.
8. Contain the award of contradictory provisions, arithmetic errors or errors by omission or change of words or alteration of these, provided that they are included in the resolutive part or they influence it and have been duly alleged before the arbitral tribunal.
9. The award has been made on aspects not subject to the decision of the arbitrators, having granted more than the order or not having decided on matters subject to the arbitration.
Causals 1, 2 and 3 may be invoked only if the appellant has asserted the reasons for constituting them by means of a replacement against the order of competition.
Causal 6 may not be invoked in annulment by the party that did not make it timely before the arbitral tribunal, after the expiration of the term.
ARTICLE 42. PROCEEDINGS FOR THE ACTION FOR ANNULMENT. The competent judicial authority shall reject the action for annulment of the action where its interposition is extemporanea, it shall not be supported or the grounds relied on do not correspond to any of the this law.
Admitted the resource, the case will pass to the dispatch for statement, which must be submitted within three (3) months. It shall settle the convictions and costs to which it has taken place.
The interposition and procedure of the extraordinary action for annulment does not suspend the enforcement of the judgment in the award, except where the convicted public entity requests the suspension.
The judicial authority responsible for the annulment shall not rule on the merits of the dispute, nor shall it qualify or amend the criteria, motivations, probative assessments or interpretations set out by the arbitral tribunal when adopting the award.
ARTICLE 43. EFFECTS OF THE JUDGMENT OF CANCELLATION. When any of the causals mentioned in the numerals 1 to 7 of Article 41prospered, the nullity of the award shall be declared. In other cases, it shall be corrected or added.
When the award is annulled by the causes 1 or 2, the file will be sent to the appropriate judge to continue the process from the test decree. The test carried out within the arbitration process shall remain valid and shall be effective in respect of those who have had the opportunity to dispute it.
When the award is annulled for the grounds 3 to 7, the person concerned may convene an arbitral tribunal, in which the duly practiced evidence shall be kept valid, and, where possible, the proceedings which have not been affected by the Cancellation.
The judgment that annuls the total or partially completed award shall order the refunds to be in place.
The execution of the award will know the ordinary justice or the administrative dispute, as the case may be.
If the resource does not prosper, the appellant shall be ordered to pay the costs, unless such appeal has been filed by the Public Ministry.
ARTICLE 44. PRESCRIPTION AND EXPIRATION. The prescription shall be deemed to be interrupted and shall not be valid for expiration, when the award is cancelled by any of the grounds 3 to 7, provided that the interested party submits the request for a call for an arbitral tribunal within three (3) months of the execution of the statement.
ARTICLE 45. REVIEW APPEAL. Both the award and the judgment that resolves on its annulment are amenable to the extraordinary review by the causals and through the procedure indicated in the Code of Civil Procedure. However, those who had the opportunity to bring the action for annulment may not plead undue representation or failure to notify. When the review appeal is successful, the judicial authority shall deliver the judgment in law.
