Ex aequo et bono los arbitrajes de equidad: ¿el árbitro cuasi-legislador?
Guatemalan Arbitration Law contemplates two forms of arbitration in terms of its nature: arbitration of law and arbitration of equity. The main distinction between these being that in an equity arbitration, the arbitrators can decide in conscience or according to their best knowledge or belief. S...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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2023
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8877794 |
| Baliabidea: | Revista Auctoritas Prudentium, ISSN 2305-9729, Nº. 28, 2023 |
| Etiketak: |
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Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
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| Laburpena: |
Guatemalan Arbitration Law contemplates two forms of arbitration in terms of its nature:
arbitration of law and arbitration of equity. The main distinction between these being that
in an equity arbitration, the arbitrators can decide in conscience or according to their best
knowledge or belief. Said faculty, however, due to its permissive and broad regulation in
the Guatemalan legal system, can generate multiple interpretations. That is why this article explores the scope of the faculties granted to the arbitrators in an arbitration of
equity, seeking particularly to determine if the nature of the arbitration of equity allows
them to disregard the applicable legal norms to the case.
It is the objective of this article to demonstrate that the answer to the previous question is
negative. Being equity, a tool destined to temper the consequences of the application of
the law to the specific case, improving the law, but not replacing it. Therefore, the
arbitrators in an equity arbitration are bound to observe the provisions of applicable law,
in particular, the imperative or public policy rules, as well as the contractual provisions and
commercial uses, if any, having the dispositive power to use equity as a complementary
tool. |
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