Application and foundation of the principle of good faith in arbitration processes

Abstract

The principle of good faith is one of the fundamental pillars of the arbitration process, not only from a procedural perspective, but also from a substantive perspective. This article has a qualitative approach, part of a non-experimental design, under a transversal documentary-bibliographic level. Its general objective is to address the legal basis of the principle of good in the arbitration process, from an inductive, systematic logic and grammatical perspective from its object of study. After the review of the literature and the documentary analysis, it was initially analyzed as a canon of behavior implicit in contractual relationships, good faith is constituted as one of the general principles of Law that has a place in the world of arbitration, from two edges, noun and adjective. It must be understood that no one can be harmed by the acts of others, nor can any person validly go against their own acts. The reason is that, if from this legal relationship commitments that must be fulfilled are freely agreed upon, a bond arises that cannot be destroyed by subsequent acts. Based on the above, it was concluded that good faith should not be understood as a block in contractual situations in which conflicts exist, but rather it prevents those acts, tending to distort the figure of arbitration, from being considered unfair. and contrary to the original intention of the parties to resolve a conflict. Therefore, arbitration requires the existence of this principle, to give guidelines to the arbitrators to intervene during the process, maintaining observance of good procedural practices and, above all, the recognition of the arbitration agreement concluded.