Balance a 10 Años del Reconocimiento al Efecto‐Dual del Principio Kompetenz‐Kompetenz en Venezuela. (Balance 10 years after the recognition of the dual effect of the "Kompetenz-Kompetenz" principle in Venezuela)
Document Type
Article
Publication Date
2021
Abstract
The kompetenz–kompetenz principle has emerged as one of the most prominent factors in developing commercial arbitration as an effective dispute resolution mechanism. The autonomy of arbitration and its development mainly rely on the enforceability of arbitral agreements by virtue of the applicability of this principle. This topic acquires greater significance when developing countries with long tradition against arbitration, such as the case of Venezuela, begin recognizing the principle in its dual —function (including the «negative effect») due to relevant rulings rendered by their highest tribunals. Hypothetically, national judiciaries» pro‐arbitration stances should lead stakeholders to choose arbitration instead of litigation, and incentives created by domestic case —law should play a fundamental role in their decision —making.
For the sake of certainty and stability, it is paramount for national courts to adopt a specific and inconsistency —free approach to the issue that contracting parties can rely on. By analyzing Venezuelan case —law concerning the principle in question, this work assesses to what extent it has bolstered the practice of arbitration in that forum during the last decade.
Recommended Citation
Gilberto A. Guerrero-Rocca,
Balance a 10 Años del Reconocimiento al Efecto‐Dual del Principio Kompetenz‐Kompetenz en Venezuela. (Balance 10 years after the recognition of the dual effect of the "Kompetenz-Kompetenz" principle in Venezuela)
LA LEY Mediación y Arbitraje nº 7
(2021).
Available at: https://ecollections.law.fiu.edu/faculty_publications/487
