Bibliographic citations
Toribio, C., (2024). Informe jurídico sobre la Resolución N° 10 del Exp. N° 449- 2019 tramitado ante la Segunda Sala Comercial [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/28543
Toribio, C., Informe jurídico sobre la Resolución N° 10 del Exp. N° 449- 2019 tramitado ante la Segunda Sala Comercial []. PE: Pontificia Universidad Católica del Perú; 2024. http://hdl.handle.net/20.500.12404/28543
@misc{renati/536242,
title = "Informe jurídico sobre la Resolución N° 10 del Exp. N° 449- 2019 tramitado ante la Segunda Sala Comercial",
author = "Toribio Ossio, Christian Jhoel",
publisher = "Pontificia Universidad Católica del Perú",
year = "2024"
}
The main problem raised has as objective to put in evidence the importance of the prior and express claim as a requirement of precedence of the Lawsuits for annulment of arbitral award. The Legislative Decree No. 1071, Legislative Decree that regulates arbitration, has established that when irregularities exist in the context of the arbitration, either in the breach of the rules agreed by the parties or in those guarantees of due process that are applicable, the interested party will have to warn of the existence of these affectations and ask the arbitrators to revert that the arbitrators revert this situation whenever possible. Otherwise, the norm dictates that when there is no reclaim formulated in an express and timely manner, the arbitration decision that is issued may not be challenged by those defects that have not been noticed during the arbitration proceedings. In the present case, we observe how the claimant requests the annulment of the arbitration award alleging that the arbitrators failed to comply with the rules that the parties had agreed upon in the arbitration. However, we have shown how this claim was not formulated on time and, therefore, the claimant tolerated the damages suffered in the arbitration. Thus, in the absence of a prior and express claim, the claim for annulment of the arbitration award should have been dismissed since it did not comply with a procedural requirement established in the national legislation governing arbitration.
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