Abstract
The Peruvian Arbitration Law and the New York Convention regulate the objection as to that court's lack of jurisdiction on the basis of the existence of the arbitration agreement differently from each other. Both have different criteria in order to refer the parties to arbitration. In this sense, the Peruvian Arbitration Law appears to be the most favorable to arbitrate since it establishes that the analysis made by the judge must be prima facie. Therefore, according to the principle of maximum effectiveness, the judge must solve the objection based on the Peruvian Arbitration Law.
| Translated title of the contribution | The Exception of Arbitration Agreement in the Peruvian Arbitration Law and the New York Convention |
|---|---|
| Original language | Spanish |
| Pages (from-to) | 110-126 |
| Journal | Forseti |
| Issue number | 7 |
| DOIs | |
| State | Published - 2017 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions -
SDG 17 Partnerships for the Goals
Keywords
- Convención sobre el Reconocimiento y Ejecución de las Sentencias Arbitrales Extranjeras (1958)
- Perú. D.L. n. 1071 : 28-06-2008
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