Designation of the arbitrators: principles and mechanisms to guarantee their impartiality. Arbitration by land registrars and notaries

Abstract

Arbitration, as alternative dispute resolution systems, is based on the parties´trust. In order to achieve this trust, it is essential to respect the principle of equality of the parties at the process of appointment of the arbitra- tion. Arbitrators shall be appointed subject to the provisions of the parties, to the provisions of the regulations of the arbitration institution and, when this is not possible, through the judicial procedure provided for in the Law. Moreover, there are some other legal mechanisms to guarantee the independence and impartiality of the arbitrators. Lan registrars and notaries are legally allowed to act as arbitrators, but, due to their professional performance regime, independence and impartiality are much more compromised in the case of the notaries.