Abstract

ANDALUZ VEGACENTENO, Horacio. Argumentation, arbitration and arbitrariness: the contradictions of the constitutional tribunal in the direct recourse of nullity against awards. Rev. Bol. Der. [online]. 2015, n.19, pp.90-117. ISSN 2070-8157.

This article analyzes a ruling of the Bolivian Constitutional Tribunal from the point of view of the argumentation of the court rulings. In the ruling, the Tribunal stated that the request for contractual nullity was not a matter of arbitration.This article is not focused on the grounds of this assertion, but on its implications with respect to the precedents of same Constitutional Tribunal. In this regard, the article concludes that, to hand down the ruling in question,theTribunal violated its own precedents for the direct recourse of nullity (which is the specific recourse that resulted in said ruling) about the legality of submitting requests for contractual nullity to arbitration and regarding the judicial production of the law. Since this ruling is contrary to its own precedents, it is an arbitrary ruling, giving rise to this article.

Keywords : Arbitration; judicial motivation; public order; contractual nullity.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )