LIMITACIONES A LA REVISIÓN JURISDICCIONAL: ESTRATEGIA 2024 DE LONDRES PARA AFIANZARSE COMO SEDE LÍDER EN ARBITRAJE MARÍTIMO
The United Kingdom has established itself as a benchmark in Maritime Arbitration, becoming the main forum for procedures worldwide, and plans to maintain that place of honor through the review of its legislation in this matter. That is why in 2024 it is planned that a Reform to the Arbitration Act o...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Maritime Law Academy |
| Repositorio: | Revista de Direito e Negócios Internacionais da Maritime Law Academy |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.emnuvens.com.br:article/111 |
| Acceso en línea: | https://mlawreview.emnuvens.com.br/mlaw/article/view/111 |
| Access Level: | acceso abierto |
| Palabra clave: | arbitraje marítimo arbitraje internacional Ley de Arbitraje 1996 reforma legislativa maritime arbitration abuse of law Arbitration Act 1996 legislative reform |
| Sumario: | The United Kingdom has established itself as a benchmark in Maritime Arbitration, becoming the main forum for procedures worldwide, and plans to maintain that place of honor through the review of its legislation in this matter. That is why in 2024 it is planned that a Reform to the Arbitration Act of 1996 will be published, which will contribute to the strengthening of this institution within the British system. The topics included in this amendment are varied, however, one of those that can have the most impact on cases with maritime components is precisely the jurisdictional issue, a matter of mandatory review whenever a maritime case with relevant international components arises. Hence, it is mandatory to scrutinize the changes proposed in this area, which are basically made up of a series of conditions, addressed to the courts, to be able to admit jurisdictional impugnments against arbitral processes or decisions. By conditioning or limiting the sphere of influence that judges have over arbitration procedures, arbitration is strengthened as an autonomous method of dispute resolution, while litigants are encouraged to resort to it, since respect for the procedure, speed and procedural economy, key points in the United Kingdom's strategy in its desire to retain its leadership as an international arbitration seat. |
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