ABSTRACT: Arbitration is originated by consensus. As such, it results from the parties’ interest to discuss outside the ordinary judicial courts, shape the proceeding in accordance with their expectations and appoint the person to be responsible for settling the dispute. However, such freedom may be exercised irresponsibly. The purpose of this article is to accelerate the learning process by discussing the damages arising from such decisions. In this regard, we created ten profiles of “toxic” arbitrators and conducted a survey with 155 arbitration professionals in Latin America on how such arbitrators are seen. Following, we will analyze a contaminated area. We will open the black box and examine the brain of the ten types of arbitrators that most affect the arbitration.
Revista Brasileira de Arbitragem