Abstract

BLANCO GARCIA, Ana Isabel. Liability of the arbitrators because of the infringement of the principle of collegiality. Comment on STS no. 102/2016, of february 25 (ROJ 362/2017). Rev. Bol. Der. [online]. 2017, n.24, pp.474-481. ISSN 2070-8157.

The principie of freedom of choice governs the arbitration procedure, whereby the parties can decide that a sole arbitrator or a three-person tribunal will settle the dispute. In the latter case, the final decision must be adopted by all the arbitrators, regardless of whether that decision is by majority or unanimity. This is known as principie of collegiality, whose infringement leads to the nullity of the arbitral award because it is contrary to public order, as well as to the liability of the arbitrators who have acted excluding the third arbitrator from the final deliberation. This judgment of the Supreme Court examines the Puma case, where two of the three arbitrators excluded the third -the one designated by Puma- to issue the award, ruling the Court finally in favor of the arbitrators' responsibility for breaching the principie of collegiality.

Keywords : Case Puma; arbitration; principie of collegiality; civil liability of arbitrators; public order.

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