Abstract

VASQUEZ PALMA, M. FERNANDA  and  DELGADO CASTRO, JORDI. The right to appeal: constitutional reading regarding the recursive system in the Chilean arbitration procedure. Rev. Derecho Estado [online]. 2020, n.45, pp.187-210. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n45.07.

This paper addresses a contingent problem in our legal system: the right of appellation in civil and commercial proceedings. The main thesis sustained is that the Chilean Political Constitution specifically consecrates, in accordance with the applicable International Treaties, a right to appellation comprising a broad revision, in the way appellation is structured. Our proposal novelty is to argue that the system of available revisions in the field of arbitration is restrictive, in order to argue that the jurisdictional courts contemplate alternative decision-making process and, especially, control and review of the first level court decision.

Keywords : Right to appeal; Arbitral Appeal System; Right to appeal in arbitration.

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