La cláusula compromisoria como excepción en los procesos ejecutivos: una tesis sobre su improcedencia
This article sets out the theoretical bases that try to sustain the inadmissibility of the arbitration clause as an exception in executive proceedings, based on the consideration of the nature of the arbitration process itself, which is eminently declarative, and in consideration of the powers expre...
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| Format: | Article |
| Language: | Spanish |
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2020
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7630964 |
| Source: | Revista Jurídica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 12, Nº. 24, 2020, pags. 290-301 |
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| Summary: |
This article sets out the theoretical bases that try to sustain the inadmissibility of the arbitration clause as an exception in executive proceedings, based on the consideration of the nature of the arbitration process itself, which is eminently declarative, and in consideration of the powers expressly conferred by law on arbitrators, which means that it is impossible to deal with executive proceedings in arbitration, even if there is a clause that expressly states that the controversies raised based on that contract must be heard before an arbitration tribunal. |
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