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.
- Arbitration of equity
- Arbitration of law
- Inapplicability due to unconstitutionality
- Juridical nature of arbitration
- Ordinary and special courts