La judicialización del arbitraje
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Universidad Complutense de Madrid
info
ISSN: 2660-7808
Year of publication: 2022
Issue: 12
Type: Article
More publications in: La Ley. Mediación y arbitraje
Abstract
In this article the author analizes the relationship between arbitration and jurisdiction, examining the legal nature of arbitration, the legal regulation of arbitration in the main normative texts and the jurisprudence on said institution. Next, it is asked if the LEC is of supplementary application to the arbitration, to subsequently examine the arbitration agreement, the arbitrators, the principles of the arbitration procedure, the substantion and termination of the arbitration proceedings, the challenge, enforcement of the award, and the exequatur of foreing awards, all this in orden to point our the points of relationship or differentiation between both conflict resolution systeyms, concluding that arbitration, as an institution with its own principles and characteristics, it cannot be procesuted an invasión of the judicial process.