Pongamos a competir a las instituciones arbitrales: a favor del escrutinio de laudos en el Perú
The enforceability of awards is the most valued feature of arbitration. This alternative dispute resolution mechanism depends, almost entirely, on the efficiency of the final product it provides: the award. The quality of this instrument, however, may vary depending on the arbitrators in charge...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2020
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7882646 |
| Source: | THEMIS: Revista de Derecho, ISSN 1810-9934, Nº. 77, 2020 (Ejemplar dedicado a: Arbitraje), pags. 517-530 |
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| Summary: |
The enforceability of awards is the most valued
feature of arbitration. This alternative dispute
resolution mechanism depends, almost entirely, on
the efficiency of the final product it provides: the
award. The quality of this instrument, however,
may vary depending on the arbitrators in charge of
rendering it and, most important, the institutions
that fulfill the function of regulating the arbitral
procedure.
In this article, the authors propose that arbitral
institutions in Peru implement the scrutiny of
awards in order to improve the quality and
enforceability of awards. This scrutiny aims to be
an additional competition factor among them as
well as it leads them to having a higher quality
standard in the services they offer. This measure
is in accordance with the users’ preferences
and would demand great institutional effort, a
technical design work, a strong policy in favor of
internationalization and a determined teaching
work. Nevertheless, it would generate benefits
that would far outweigh its costs for the practice
of arbitration in the country and, most importantly,
direct benefits for the users. |
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