Legal nature of relationship between arbitrator and parties: Receptum arbitri

Abstract

In this paper author analyses legal nature of relationship between arbitrator and parties as well as the source of arbitrator's rights and duties. In comparative law there are two opinions about that subject: the first is that the role of the arbitrator is regulated by the law and that his rights and duties are the matter of the status of arbitrator. The second opinion, however, points out that that relation is regulated by a special contract - receptum arbitri, which arbitrator and parties conclude with one another. In contemporary law the second view prevails and that opinion is supported in this article. The analysis of the relationship between the arbitration agreement and receptum arbitri, the legal nature of the receptum arbitri, rights and duties of the contracting parties and legal remedies in case of breach of the contract clearly points to the specifics of receptum arbitri. In conclusion author claims that those specifics are necessary in order to fulfil the main goal of the arbitration proceedings which is to obtain arbitration decision legally binding as the final court decision.

Keywords

• arbitration proceeding
• arbitrator as the private judge
• receptum arbitri
• rights and duties of the arbitrators and parties
• legal remedies for breach of contract