La autorización del Procurador General en arbitrajes nacionales como excepción.

Abstract

Arbitration was born as a private institution used to settle disputes between private parties in a fast and flexible way, thus reducing the congestion of the ordinary justice system. The cornerstone of arbitration lies in the will of the parties, with no other limitations than the basic requirements of existence and validity of any legal act. However, with the development of this branch of law, it has become possible for the Administration to submit disputes arising with private parties to arbitration. In this case, the State is conditioned to the fulfillment of certain legal requirements to enter into arbitration agreements. Consequently, the present research work establishes the true spirit of the legislator, specifically regarding to the authorization of the Attorney General of the State in national arbitrations in which the Public Administration participates.