Description
It is an indisputable fact that international arbitration has proliferated, in its different forms, throughout the World. Latin America, far from being an exception to this phenomenon, has seen a strong increase in the practice of international arbitration. In this regard, local practitioners around the continent have certainly faced challenges in dealing with a fairly new dispute resolution mechanism, with caveats and singularities to which they had not been exposed in their domestic practices.
In order to face this challenge, some Latin American jurisdictions have brought the procedural law of their respective Country to international arbitration proceedings, therefore introducing a certain degree of 'domestication' of arbitral procedures. In other words, practitioners at different levels (e.g. counsel, arbitrators) have applied the procedural rules of domestic litigation to international arbitration. As a result, briefs, hearings and production of evidence in certain international arbitrations tend to look a lot like the same activities done in domestic arbitration or even in trials before State courts. This article looks to deal with this precise problem in Arbitration Law.
The next section (II) focuses on the heart of the problem which is the applicability, from a legal perspective, of domestic procedural law to international arbitration. The question is if it is mandatory to apply the domestic procedural rules of the seat of the Arbitration to the arbitral process. The answer to such question is a clear no. In the subsequent section (III) the question is one of convenience, whether if from a strategic standpoint it would be advisable to apply domestic procedural law to the handling of the arbitration proceedings. Again the answer is no, especially considering that more neutral and sophisticated international standards are available for international arbitration procedures. Finally, some conclusions will be presented (IV) with regards to the future of arbitration practice and the applicable procedural law.
ISBN:9789082982428 
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