PRESENTATION OF THE SUPERIOR ARBITRATION COURSE

The Arbitration is the institute of Private Law by which the conflicts, by will of the parties, are removed to the state justice to be solved by individuals with the power to judge them with definitive character. It is one of the many alternatives to jurisdiction for the resolution of conflicts, which seeks the pacification of problems with certain advantages over judicial procedure.

Its multidisciplinary nature is due to the fact that in the field of law, it covers issues of civil, procedural, commercial and international law. Although it can also be of a different nature to the legal one if the type of conflict and the parties want it to be so, as it could be the field of engineering, architecture, etc.

These are its main characteristics: 

1. It has the character of "consensual justice"

Arbitration originates from a contract, through which the parties to such agreement have expressed their consent to submit the differences that may arise or that have already arisen to a third party, in accordance with contractual autonomy, but within the limits imposed by the Law. This involvement of the parties, in the solution of possible conflicts, generates an expectation of effectiveness of the result greater than that which would be achieved through a judgment.

2. It is a heterocomposite method of resolving legal disputes

Heterocompositive methods, as opposed to self-compositive methods, in which it is the parties themselves who solve the problem, imply that an impartial third party, in this case the arbitrator, is the one who must solve the conflict, not the affected parties themselves.

3. It is a fast track

Arbitration with the deadlines established by law and by the parties, aims to ensure that the remedy arrives at the right time, in order to provide a more appropriate response to the needs of citizens.

4. It is an alternative means to jurisdiction

The parties to a dispute have the means by which they seek to resolve the conflict and achieve the same objectives, of justice and legal certainty, as would be obtained through legal proceedings. Arbitration is not intended to provide a "second class" solution in relation to a judgment, but rather the parties to a dispute seek to have it resolved within the contractual environment in which they operate.

5. The role of the arbitrator shall be to resolve disputes

There must be a dispute between competing rights that the parties are supposed to have and that they are going to try to resolve through arbitration. This institute of procedural law cannot be confused with assessments of facts or the determination of an element of a contract, but the element of litigiousness or disagreement of the parties on their own conduct in relation to the contract or main legal transaction, whether on its existence, effectiveness, validity, interpretation or performance, is indispensable.

6. Settlement of the dispute is final

This is what is known in arbitration as "one shot", which means that the parties agree to submit the dispute to an arbitrator to resolve the conflict in a single instance, without the possibility of further appeal. Once the award is made, it becomes final and has the effect of res judicata.

OBJECTIVES OF THE SUPERIOR ARBITRATION COURSE

1. To know which are the methods of solution, resolution and handling of conflicts and their different application according to the concrete case

2. Learning the essentials of international commercial arbitration

3. To study the applicable rules for the resolution of conflicts in an international arbitration

4. Develop advisory functions in arbitration matters

5. Acting in an arbitration proceeding, both as an arbitrator and as a party's counsel

6. Preparing an arbitral award

7. Assimilating the role of the state juridisction during and at the end of an arbitration

8. List the grounds and procedures to be followed for the enforcement and enforcement of foreign arbitral awards

9. Training in the appeals system in the face of an award

10. Analyzing the specificities of investment arbitration

11. To point out the specificities and requirements of corporate arbitration as well as its rationale

12. To learn about the special functioning of consumer arbitration and its particularities