Abstract

LEON ROBAYO, Edgar Iván. Perspective and arbitrability of the Interamerican Convention on International Commercial Arbitration. Opin. jurid. [online]. 2012, vol.11, n.22, pp.131-144. ISSN 1692-2530.

From an international point of view, the legal discipline which uses the most known instruments of the world to assure its effectiveness is probably the commercial arbitration. One of those instruments is the 1958 New York Convention. Additionally, the American States are bound by the Interamerican Convention on International Commercial Arbitration subscribed in Panama City in 1975. However, this document has been criticized concerning its content and its execution possibility; for this reason, its efficacy and application have been set aside by transnational commerce operators for solving controversies. In effect, its arbitrability requirements are not very clear, so its existence should be specified in such a way that the Convention can be recognized as a real juridical consolidation tool for solving controversies in an amicable way.

Keywords : Interamerican Convention on International Commercial Arbitration; arbitrability; alternative solution of controversies; Calvo clause; reciprocity; arbitration award.

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