This paper aims at analyzing arbitration, which has come to be identified as an alternative mechanism for conflict resolution, but that  by studying how it has been configured over time, and its current  operation, responds to a model of private justice, which is adapted from the very beginning to respond to the interests of one sector of the population in particular, such as traders. Through deductive method it was established as general assumptions regarding free access to justice and the right to equality are decimated to an erroneous acceptance of arbitration as an alternative to justice option and not as a mere privatization of the same.