Civil Code, Article 2043 — Compromise Rules Apply to Arbitration

What this article means

The rules on compromise also apply to arbitrations.

Because compromise and arbitration are both ways of resolving a dispute without a full trial, the Code extends the Chapter on compromises — its rules on capacity to enter such agreements and on what subject matter may lawfully be submitted — to arbitration as well, rather than restating them separately. In practice, a submission to arbitration is tested by the same threshold requirements as an ordinary compromise: the parties must be capable of contracting and free to dispose of the right in question. What happens once that threshold is met is addressed in the articles that follow.

Questions about this provision

• Do the same rules that govern compromise agreements also apply to arbitration agreements?

Related provisions

• Article 2042 — Submission to Arbitration.
• Article 2044 — Finality of the Arbitral Award.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.