The Exception of Arbitration Agreement in the Peruvian Arbitration Law and the New York Convention

Authors

  • Nicolás Serván Eyzaguirre Universidad del Pacífico
  • Daichi Yano Universidad del Pacífico

DOI:

https://doi.org/10.21678/forseti.v0i7.1111

Keywords:

New York Convention, Arbitration act, arbitral agreement exception

Abstract

The Peruvian Arbitration Law and the New York Convention regulate the objection as to that court's lack of jurisdiction on the basis of the existence of the arbitration agreement differently from each other. Both have different criteria in order to refer the parties to arbitration. In this sense, the Peruvian Arbitration Law appears to be the most favorable to arbitrate since it establishes that the analysis made by the judge must be prima facie. Therefore, according to the principle of maximum effectiveness, the judge must solve the objection based on the Peruvian Arbitration Law.

Published

2019-08-03

How to Cite

Serván Eyzaguirre, N., & Yano, D. (2019). The Exception of Arbitration Agreement in the Peruvian Arbitration Law and the New York Convention. Forseti. Law Review, 5(7), 110–126. https://doi.org/10.21678/forseti.v0i7.1111

Issue

Section

Artí­culos