Raúl Herrera

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When can an arbitration tribunal’s competence be challenged?


Published In: ILO


Abstract: The Constitution guarantees the administration of justice, allowing parties to resolve disputes before a judicial body. However, certain subjective rights can be waived in order to choose an alternative dispute resolution mechanism, such as commercial arbitration, provided that such rights are not rights of public order or social interest (eg, the alimony that a minor is entitled to receive).

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