TY - JOUR
T1 - La acción de inaplicabilidad por inconstitucionalidad en el derecho chileno sobre arbitraje interno
T2 - Algunas propuestas
AU - Jequier Lehuedé, Eduardo
PY - 2013
Y1 - 2013
N2 - This research deals about the action of inapplicability due to unconstitutionality, referred to in the article 93 No 6 of the Chilean Constitution of 1980, and its practical implementation in the the internal or domestic arbitration proceeding. Discusses the manner in which the action of inapplicability due to unconstitutionality is inserted into the dogmatic structure of the domestic arbitration in Chile, according to their different variants, for final determination as to whether such action is applicable in this precise heteronomous context. It also identifies the main obstacles that in this regard are currently held, derived from a wrong conception of the arbitration and its legal nature, to propose from there a thorough review of current legislation on the subject.
AB - This research deals about the action of inapplicability due to unconstitutionality, referred to in the article 93 No 6 of the Chilean Constitution of 1980, and its practical implementation in the the internal or domestic arbitration proceeding. Discusses the manner in which the action of inapplicability due to unconstitutionality is inserted into the dogmatic structure of the domestic arbitration in Chile, according to their different variants, for final determination as to whether such action is applicable in this precise heteronomous context. It also identifies the main obstacles that in this regard are currently held, derived from a wrong conception of the arbitration and its legal nature, to propose from there a thorough review of current legislation on the subject.
KW - Arbitration
KW - Arbitration of equity
KW - Arbitration of law
KW - Inapplicability due to unconstitutionality
KW - Juridical nature of arbitration
KW - Ordinary and special courts
UR - http://www.scopus.com/inward/record.url?scp=84891440774&partnerID=8YFLogxK
U2 - 10.4067/s0718-52002013000200005
DO - 10.4067/s0718-52002013000200005
M3 - Article
AN - SCOPUS:84891440774
SN - 0718-0195
VL - 11
SP - 155
EP - 200
JO - Estudios Constitucionales
JF - Estudios Constitucionales
IS - 2
ER -