The Motivation of Evidence in Local Arbitration: Emphasis on Construction Arbitration and the Application of Article 1332 of the Civil Code

Abstract

The motivation of the probative decisions in arbitration is a topic that is not very much treated in the doctrine and that deserves special attention at the moment of the issuance of awards. Unless otherwise agreed, the arbitrations of law with complex matters require a sophisticated valuation of the evidence and a mastery of essential rules of probative theory that guarantee the parties a fair and reasonable decision in terms of what is legally and technically debated. Before an overview of the motivation of the awards, it is imperative to land on how decisions are rationally justified on the relevant evidence that is acted in arbitration.