“No utilizar en caso de emergencia”: 5 patologías latentes en el procedimiento de árbitro de emergencia peruano
The emergency arbitrator proceeding has managed to enhance and provide efficiency and celerity to the system of precautionary measures, for the benefit of effective jurisdictional protection prior to the constitution of the arbitral tribunal. However, such proceeding could be undermined, and t...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7882631 |
| Source: | THEMIS: Revista de Derecho, ISSN 1810-9934, Nº. 77, 2020 (Ejemplar dedicado a: Arbitraje), pags. 265-283 |
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| Summary: |
The emergency arbitrator proceeding has
managed to enhance and provide efficiency and
celerity to the system of precautionary measures,
for the benefit of effective jurisdictional protection
prior to the constitution of the arbitral tribunal.
However, such proceeding could be undermined,
and the interim relief granted be frustrated, due to
bad practices.
In this paper, the author analyses the existence of
pathological scenarios in the Peruvian emergency
arbitration proceeding, which may undermine its
purpose. Some of these pathological scenarios refer
to guerrilla tactics used by the party affected with
the precautionary measure, others are covered by
regulatory gaps and some of them are based on
the procedure’s own regulations, by defrauding it
through the irregular exercise of a right. |
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