THE NEED TO EMPOWER ARBITRATION AS A PRIVATE JURISDICTION IN THE IBERO-AMERICAN COUNTRIES

Abstract

The author exposes the critical situation of the state jurisdiction against the resolution of intersubjective conflicts and the distrust and insecurity that citizens have regarding the operation of said jurisdiction; it exhibits against the position the fundamentals and the merit of arbitration as an effective heteronomous means of conflict resolution; and analyzes, in the light of the Latin American political constitutions, some of the most relevant problems that hinder its development, among which the lack of recognition as a jurisdiction and the absence of autonomous enforceability and coercibility of the precautionary measures and of the award stand out. It also explains and weighs the foundations of arbitration, to conclude in an apology of said institution and reaffirm the unavoidable need for its empowerment as a private jurisdiction in the face of the crisis of legal security, corruption and delay of ordinary jurisdiction.