Abstract

BRITO NIETO, LUISA. Particularities of the Analysis of the "Call in Guarantee" by the Arbitral Tribunal. Rev. Derecho [online]. 2024, n.61, pp.1-.  Epub June 02, 2024. ISSN 0121-8697.  https://doi.org/10.14482/dere.61.986.258.

The different ways of occurrence of the “call in guarantee”, added to the fact that the arbitration process has stages according to its nature, but different from those of the verbal process enshrined in the General Code of the Process, and that the arbitration is governed by the principle of the autonomy of the will, in practice, has generated questions on the scope and limits of the analysis of the appeal that the arbitration panel must make in the different stages of arbitration. Consequently, in this paper, the nature and vicissitudes of this exam are critically studied. It was concluded that the analysis of the “call in guarantee” by the arbitration court at each procedural stage is different, being the first hearing for processing, and not the admission of the “call in guarantee”, the stage in which it corresponds to the tribunal to decide on its competence ratione personae and ratione materiae in relation to the calling.

Keywords : Arbitration; “call in guarantee”; extensión of the arbitral agreement; principle of the autonomy of the will; principle of kompetenz-kompetenz.

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