Independencia del laudo arbitral respecto a la justicia ordinaria.

Abstract

The present research work is aimed at determining the lack of independence of the arbitration system, more specifically to differentiate that the action for annulment of the arbitral award necessarily resorts to ordinary justice to obtain an execution of said annulment procedure. For this, it is carried out in the first instance in chapter I, the explanation of what arbitration is, what are its characteristics, what is an arbitral award, as well as the definition of the problem under study, the objectives and the approach of the hypothesis. Subsequently, in chapter II, the annulment action procedure is delved into, the explanation regarding the jurisdiction is made, as well as the approach whether or not arbitration constitutes a jurisdictional means is resolved, in addition, the legal gaps that are found are evidenced. In the order regarding the lack of a higher collegiate body in arbitration material, to finally, propose a draft reform to the Law of Arbitration and Mediation.