La naturaleza jurídica de las cláusulas escalonadas en los métodos alternativos de solución de conflictos.

Abstract

Arbitration is one of the means of alternative solution to conflicts that has taken on an important significance in recent years. The parties have decided to make use of tiered clauses agreeing on stages prior to arbitration, such as measurement and direct negotiations, in order to maintain their commercial relationship in a friendly manner and in the case of a dispute to reach an agreement that benefit both with a very reduced cost. The problem arises when the previous stages are not meet and the arbitration begins either because the clause was ambiguous or because one of the parties considers that their relationship is irreconcilable, thinking that compliance with these is just a waste of time. Then the question arises. How should the court act in case of non-compliance with the steps? Which leads us to another question What is the legal nature of these clauses? Are jurisdictional requirements and the court must declare incompetent resolve the claim, or are procedural requirements and the court should not admit the claim?.