Defective Arbitration Clause. Truncated Commercial Arbitration
International commercial arbitration is an effective means of dispute resolution, however, in practice, we find arbitral procedures truncated by the action or omission of the defendant that prevents the resolution of the dispute raised, which translates into a denial of arbitral justice to the detri...
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| Format: | Artículo de investigación |
| Language: | spa |
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Instituto de Ciencias Sociales y Administración
2024
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| Subjects: | |
| Online Access: | http://erevistas.uacj.mx/ojs/index.php/reij/article/view/6288 |
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| Summary: | International commercial arbitration is an effective means of dispute resolution, however, in practice, we find arbitral procedures truncated by the action or omission of the defendant that prevents the resolution of the dispute raised, which translates into a denial of arbitral justice to the detriment of the claiming party. Through the dogmatic, case analysis and comparative method, the purpose of this research is to analyze some truncated arbitrations, their causes and consequences, to propose preventive recommendations that the parties can adopt to bring the arbitration process to a successful conclusion, that is, reach the solution of the controversy and thus contribute to the effectiveness and efficiency of arbitration as a method of dispute resolution. |
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| ISSN: | 2448-8739 |