Abstract

DOMINGUEZ GUILLEN, María Candelaria. The Defencelessness and Inmotivation as Causes of Invalidity of the Arbitration Award in the Venezuelan Law. Rev. Derecho Privado [online]. 2016, n.31, pp.229-262. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n31.08.

This article tackles on the defencelessness as a cause of invalidity of the arbitration award in the Venezuelan law and other legal systems. Also, the "immotivation" is analyzed as a cause of invalidity of the arbitration award. Although Venezuelan law seems to clarify the requirement with the intervention of party autonomy, it is concluded that the motivation of the arbitration award is part of the public policy, including decisions of equity as a manifestation of due process, of the right to defense and for the sake of social peace.

Keywords : Arbitration; arbitration award; defencelessness; immotivation; right to defense; due process and public police.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )