La aplicabilidad de los recursos verticales en al laudo arbitral

Abstract

This investigation analyzes the origin of the vertical resources in the Arbitral Award, specifically the appeal, so that, in accordance with the Law on Arbitration and Mediation, this appeal is not appropriate. For this reason and from a Constitutional view, its application within the Arbitral awards is justifies, which guarantees the principle of double agreement. Through a dogmatic revision and with a foundation in Comparative Law, the Constitutionality of the challenging means is defined. Consequently, the prohibition contained in the Arbitration and Mediation Law is unconstitutional, since Arbitration, being an alternativa system for resolving conflicts, would be subject to constitutional privisions.