SUMMARY: 1. Antecedents. – 2. Definition. – 3. Matters that can be put under arbitration. – 4. The arbitration is an alternative mechanism of resolution of conflicts.
– 5. Legal nature. – 6. Classes of Arbitration. – 7. By arbitration agreement.
– 8. Notarial Protocolizacin. – 9. Value of the Arbitration. – 10. Statutory arbitration. – 11. Testamentary arbitration. – 1. ANTECEDENTS The main antecedents of the arbitration in the Peruvian positive right are the following: the arbitration was regulated in the Code of Civil Judgments of 1852, soon by the Code of Civil Procedures of 1912 of article 548 to the 582 regulating it like by arbitration judgment putting record that this Code in its article 1346 repealed the Code of Civil Judgments of 1852. Settling down in article 548 of the abolished Code of Civil Procedures of 1912 that all controversy, is or nonmatter of a judgment, can be put under the one decision or more referees. The number of these will be always uneven. In the following article of the same Code it established that the following questions cannot be put under arbitration: 1) The ones that turn on the State and the capacity of the people, the 2) referring ones to government properties, municipalities and other institutions of official character, 3) Those in which are interested the moral and moral convention. In the original text of the Peruvian Civil Code of 1984 one regulated in separated form the Arbitration Clause of article 1906 to the 1908 and the By arbitration Commitment of article 1909 to the 1922. Later in Libro Second of the original text of the Civil Procedural Code of 1993 the Arbitration of article 841 was regulated and following, putting record that this Code in his First Abolishing Disposition repealed the Code of Civil Procedures of 1912, later and before this Procedural Code entered use the Decree Law 25935 it countermanded Libro Second of the Code in mention in which the arbitration was regulated and also it countermanded articles of the Peruvian Civil Code of 1984 which it regulated the arbitration clause and the commitment by arbitration, later to this Law Law 26572 was approved published the 05 of January of 1996, titled General Law of Arbitration that in his First Final Disposition countermanded the Decree Law 25935.