International Arbitration: Presence and evolution in the Uruguayan legal field.
Abstract. International commercial arbitration is recognized and ruled in our legal system since more than a century ago. Although this alternative mechanism of dispute resolution is based on party autonomy, this does not raise any contradiction with the restrictivelegal rules on this area in the Ur...
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2016 |
| Country: | Uruguay |
| Institution: | Universidad Católica del Uruguay |
| Repository: | LIBERI |
| Language: | Spanish |
| OAI Identifier: | oai:liberi.ucu.edu.uy:10895/7107 |
| Online Access: | https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/788 https://hdl.handle.net/10895/7107 |
| Access Level: | Open access |
| Keyword: | arbitraje comercial internacional autonomía de la voluntad acuerdo arbitral cláusula arbitral convención de Nueva York de 1958 principios de Unidroit ejecución laudo international commercial arbitration party autonomy arbitral agreement arbitration clause 1958 New York convention unidroit principles enforcement of award |
| Summary: | Abstract. International commercial arbitration is recognized and ruled in our legal system since more than a century ago. Although this alternative mechanism of dispute resolution is based on party autonomy, this does not raise any contradiction with the restrictivelegal rules on this area in the Uruguayan legal system. Controlling the fulfillment of the validity conditions of the arbitral agreement, especially the consent, is basic, as well as determining the possible margin of flexibility regarding those conditions, within the legal frame in force. The particularities raised by the arbitration clause included in general conditions, adhesion contracts, contract forms and other similar types are also studied. The Uruguayan state’s jurisprudence regarding arbitration, referred to the validity or not of the arbitral agreement or the arbitral award is also analyzed. |
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