Arbitration in Equity and Constitutionality

A Possible and Needed Relationship

Abstract

The constitutional recognition of arbitration as an alternative mechanism for dispute resolution mechanism has fostered a relationship between this mechanism and the Constitution. In equity arbitration, arbitrators decide a dispute to the best of their knowledge, without having to rely on any legal norm. Nevertheless, arbitration in equity is closely related to the constitutional right to due process. This means that, in addition to having public order as a limit, its procedure must be in accordance with the provisions of the Arbitration and Mediation Law. Furthermore, despite not being based on substantive law, the award must necessarily be motivated, as it is subject to constitutional control. This analysis will take into consideration the standard of performance of the arbitrator in equity and will discuss its relationship with procedural law. It will also be determined whether or not the award in equity must be motivated. Finally, the possibility of constitutional control in this matter will be examined.