Civil Code

In addition it is necessary to need that the arbitration is not destined either to all the matters and for all the assumptions. 4. THE ARBITRATION IS AN ALTERNATIVE MECHANISM OF RESOLUTION OF CONFLICTS The Arbitration is an alternative mechanism of resolution of conflicts that like the judicial process is a heterocompositivo method so that solves the conflict is not the parts but is a third party to which arbitrator or by arbitration court is denominated to him. According to the article the 24 of the General Law of Arbitration referees are designated in odd number and if they are three more or they train by arbitration court. 5. LEGAL NATURE At present consensus with respect to its legal nature nor either with respect to the area of the right does not exist to which the arbitration belongs, that is to say, that stops some authors is of procedural nature so that it is a by arbitration procedure, for other authors is of contractual nature so that the arbitration is agreed to through by arbitration agreement, for other authors is of commercial nature maintaining that is where it is but developed the arbitration, for other authors it is of mixed nature, and for other authors the arbitration is an independent area of the right to which it is denominated to him right of arbitration and its legal nature is of being an alternative mechanism of resolution of conflicts, that is the position that we maintain. It is necessary to need that within the norms analyzed in the antecedents that the arbitration first was regulated within the Code of Civil Judgments of 1852, soon in the Code of Civil Procedures of 1912, later in the Civil Code of 1984, later in the Civil Procedural Code of 1993 and finally it is regulated in a special law, that is to say, in the Peruvian right the arbitration has not been regulated only in a branch of the right, but in different branches from the right.