This paper reviews the historical development of arbitration, with special reference to the laws of Spain: the main source of legislation on domestic arbitration currently in force in Chile. The historical study of arbitration law allows to identify and understand the origin of the difficulties experienced by arbitration in its development and the erratic dogmatic evolution trough history. Dogmatic evolution has been full of doctrinal concepts and standards that need to be put into historical and political context. This analysis is especially relevant when considering that those difficulties have arrived to our time as legal institutions such us compulsory arbitration or merit review by the ordinary court, despite medieval Castilian origin and, therefore, an absolute monarchy origin that has nothing to do with modern constitutionalism. Therefore, this paper has a clear vocation de legel ferenda.
|Translated title of the contribution
|Historical background of the domestic legal arbitration in Chile. Approaches for urgent structural review
|Number of pages
|Ius et Praxis
|Published - 2015