ARBITRATION AT FIRST SIGHT
REGARDING THE “TARASCONA” CASE AND THE NEGATIVE EFFECT OF KOMPETENZ-KOMPETENZ
DOI:
https://doi.org/10.29393/RD254-10APFM10010Keywords:
Kompetenz-Kompetenz principle, Obligation to refer the parties to arbitration, Arbitral jurisdiction, State Court, Prima facie examinationAbstract
While the obligation to refer the parties to arbitration has been recognized by Chilean jurisprudence, doubts persist as to the scope of the examination to be carried out by the state court for such purposes under Article 8 of Law No. 19,971 and Article II.3 of the New York Convention of 1958. The above is related to the
reception of the kompetenz-kompetenz principle, in particular its negative effect. The judgment of the Supreme Court analyzed in this paper sheds some light on the matter, leaning, in the author’s opinion, towards the thesis that such examination must be of a prima facie nature.
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