Presente, pasado y futuro del arbitraje estatutario
The current work tries to present a general overview on arbitration and studies the recent reforms on the Spanish Law of Arbitration (Law 60/2003, 23rd December) by Law 11/2001, of the 20th of May. The autor will examine the evolution followed the recognition intrasocietario arbitration agreement...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
Del Blanco Editores
2013
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4572065 |
| Source: | Riedpa: Revista Internacional de Estudios de Derecho Procesal y Arbitraje, ISSN 1989-3892, Nº. 3, 2013 |
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| Summary: |
The current work tries to present a general overview on arbitration and studies the recent reforms
on the Spanish Law of Arbitration (Law 60/2003, 23rd December) by Law 11/2001, of the 20th of
May. The autor will examine the evolution followed the recognition intrasocietario arbitration
agreement in the Spanish corporate law up to the Law 11/2011 of 20 May, amending Law
60/2003 of 23 December on Arbitration, which recognizes the intraestatutario arbitration
agreement. In the light of this recognition, exposes the advances incorporated by the legislator
and also their silences. Recognition of arbitration in the domes-tic corporate relations has been
very questioned not only in our country but also in neighboring countries such as Italy and
Germany, nonetheless in Anglosaxon countries where arbitration have no corporate restriction. In
our system, after a long vicissitude both doctrinal and jurisprudential, the Law 11/2011 has
dedicated the arts. 11 bis and 11 ter to incorrectly called statutory arbitration, leaving some doubt
as are: if ad hoc arbitra-tion is possible, about the lack of publicity of the arbitration claim, if is
necessary to award the notarization of the agreement declared null registrable, about the right of
partners to vote against the inclusion of the submission to arbitration. Finally, the work stand out
the convenience to make rules by the UNCITRAL to standardize divergences that still exist
between national laws in order to intrasocietario arbitration. |
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