Abstract

ALBORNOZ, María Mercedes. The Tendency to Favor the Development of International Commercial Arbitration by Weakening Internationally Mandatory Rules. Bol. Mex. Der. Comp. [online]. 2014, vol.47, n.139, pp.13-38. ISSN 2448-4873.

In countries that widely promote the development of international commercial arbitration, there is a tendency to favor it by weakening internationally mandatory rules. This article analyzes that tendency in recent French case law on arbitrability and on the international public policy test applied to arbitral awards. It then raises the question of whether that may be an appropriate modelfor Latin American countries that wish to support arbitration without neglecting the State's fundamental interests. The response to the question is affirmative.

Keywords : Arbitration; Internationally Mandatory Rules; Arbitrability; International Public Policy.

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