TITLE XIX–OF ARBITRATION Art. 3099. Submission to arbitrate. A submission is a covenant by which persons who have a lawsuit or difference with one another, name arbitrators to decide the matter and bind themselves reciprocally to perform what shall be arbitrated.
Art. 3100. Writing necessary. A submission must be reduced to writing.
Art. 3101. Capacity of parties; authority of mandataries, tutors and curators. They who cannot bind themselves cannot make a submission. An attorney in fact cannot make a submission without a special power. The tutors of minors and the curators of persons interdicted or absent, cannot do it without being authorized by the judge. Amended by […]
Art. 3102. Scope of submission. Parties may submit either all their differences, or only some of them in particular; and likewise they may submit to arbitration a lawsuit already instituted or only in contemplation, and generally every thing which they are concerned in, or which they may dispose of.
Art. 3103. Arbitration of damages incurred by public offense. One may submit to arbitration the damages incurred for a public offense; but it is without any prejudice to the prosecution of it in behalf of the State.
Art. 3104. Power of arbitrators. The power of arbitrators is limited to what is explained in the submission.
Art. 3105. Duration of power of arbitrators; prescription A. If the submission does not limit any time, the power of the arbitrators may continue in force during three months from the date of the submission, unless the parties agree to revoke it. B. Prescription is interrupted as to any matter submitted to arbitration from the […]
Art. 3106. Penal clauses in submission. It is usual to undergo* a penalty of a certain sum of money in the submission, which the person who shall contravene the award, or bring appeal therefrom, shall be bound to pay to the other who is willing to abide by it; but this covenant is not essential, […]
Art. 3107. Capacity of arbitrators A. All persons may be arbitrators, except such as are under some incapacity or infirmity, which renders them unfit for that function. B. Therefore, minors under the age of eighteen years, persons interdicted, those who are deaf and unable to speak, can not be arbitrators. Acts 2014, No. 811, §30, […]
Art. 3108. Repealed by Acts 1979, No. 709, §2.
Art. 3109. Arbitrators and amicable compounders. There are two sorts of arbitrators: The arbitrators properly so called; And the amicable compounders.
Art. 3110. Powers of arbitrators and amicable compounders. The arbitrators ought to determine as judges, agreeably to the strictness of the law. Amicable compounders are authorized to abate something of the strictness of the law in favor of natural equity. Amicable compounders are, in other respects, subject to the same rules which are provided for […]
Art. 3111. Oath of arbitrators. Before examining the difference to them submitted, the arbitrators ought to take an oath before a judge or justice of the peace, to render their award with integrity and impartiality in the cause which is laid before them.
Art. 3112. Presentation and proof of claims by parties. The parties, who have submitted their differences to arbitrators, must make known their claims, and prove them, in the same manner as in a court of justice, by producing written or verbal evidence in the order agreed on between them or fixed by the arbitrators.
Art. 3113. Time, place and notice of hearing. The arbitrators shall appoint a time and place for examining the matter to them submitted, and give notice thereof to the parties or to their attorneys.
Art. 3114. Attendance of parties and witnesses. The parties must attend the arbitrators either in person, or by their attorney, with their witnesses and documents. If one or both of them should not appear, the arbitrators may proceed and inquire into the affair in their absence.
Art. 3115. Attendance and swearing in of witnesses. Arbitrators have no authority to compel witnesses to appear before them or to administer an oath; but, at the request of arbitrators, it will be the duty of justices of the peace to compel witnesses to appear and to administer the oath to them.
Art. 3116. Disagreement among arbitrators; umpire. If the arbitrators disagree another shall decide, and that other is called an umpire.
Art. 3117. Nomination of umpire. The nomination of the umpire is either made by the parties themselves at the time of the submission, or left to the discretion of the arbitrators.
Art. 3118. Appointment of umpire. Whenever the umpire has not been appointed by the submission, the arbitrators have the power to appoint him, though such power is not mentioned in the submission. But if the arbitrators can not agree on this election, the umpire shall be appointed ex officio by the judge.
