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The speed and complexity of the transformations in security and defense scenarios challenge the stability and reconciliation sought by peace agreements that have ended intra- and inter-state conflicts in various world regions. By analyzing 34 cases in five continents between 1989 and 2012, this article identifies common provisions included in peace agreements, grouping them by region to provide a tool for future analysis. It concludes that provisions such as disarmament, verification/monitoring mechanism, and police reform are the most widely used globally and, thus, less subject to modification. Meanwhile, others, such as minority and children's rights, international arbitration, and territorial power-sharing, are the least common and, perhaps, the most prone to generating new grievances and episodes of violence. [ABSTRACT FROM AUTHOR]

The definitive dissolution of eta in May 2018 has prompted the appearance of numerous academic publications that mainly focus on the discursive universe of victims of civil society or prominent personalities from the Basque Country. Thus, through an oral history exercise, it seeks to reconstruct eta discourse in an original and unprecedented way in the face of two events that accelerated its disappearance: the attacks of March 11, 2004, and the failed negotiation with the Government of Rodríguez Zapatero between 2005 and 2006. Methodology: The analysis of how these two events were perceived by eta activists is based on nine in-depth interviews conducted with prominent members of the armed group. These were carried out at the end of 2018, a few months after the disappearance of eta, and serve to vindicate the importance of testimonies and oral sources. Originality: So far, very few studies have used this type of source, mainly due to their difficult accessibility. Thus, although the oral history approach has not been unfamiliar to the understanding of eta, the dissolution of the terrorist group has not been studied based solely on the testimony of its members, an aspect that occupies a central place in the following pages, when taking a closer look at how former members perceive and relate the events that marked the end of eta. Conclusions: All the interviewees coincide in pointing out how the 11-M attacks represent a turning point that resulted in the loss of anchors in Basque society. Even though eta was able to arrange a dialogue scenario just a year later, a radical, uncritical position, without a clear roadmap—which is perceptible in the interviewees’ accounts— contributed to discrediting a terrorist group that only five years later announced the end of their armed actions. [ABSTRACT FROM AUTHOR]

The prohibition to submit to international arbitration bodies in the event of disputes arising from the signing of international instruments creates an environment of instability for foreign companies that wish to invest in Ecuador. This article addresses the problem of the interpretation and application of article 422 of the Constitution of Ecuador. Through a qualitative approach to the norm, it is analyzed whether this clause meets the parameters to qualify whether it has fallen into disuse, if it does not meet them, whether the limitation to submitting arbitration to international jurisdiction is absolute. Finally, the possibility of a flexible interpretation that allows Ecuador the possibility of signing international investment treaties submitted to international arbitration tribunals is analyzed. [ABSTRACT FROM AUTHOR]

The article highlights the tension between international investment arbitration, international human rights law, and constitutional law. After analyzing the main objections to investment treaty arbitration such as the lack of transparency, legal certainty, legitimacy and accountability of the arbitrators, the paper examines the novel judgment c-252/2019 of the Constitutional Court of Colombia which is an example of the virtuous role to be exercised by constitutional justice regarding investment arbitration. When constitutional justice incorporates in its reasoning and argumentation the diversity of interests and rights both foreign investor and the society it can contribute to alleviate the structural deficits of investment arbitration while contributing on strengthen it. From the perspective of the host State, it can prevent international lawsuits or to argue an exemption of international liability. The central idea is to defend the need to develop a serious and reflexive dialogue between these authorities of public law adjudication. [ABSTRACT FROM AUTHOR]

This article studies the Third-Party Funding in international arbitration (best known as tpf), in order to understand how tpf trends can promote its own development over the next ten years. Thus, once having examined the concept and evolution of the figure through a bibliographic review, the document analyzes the future of the tpf based on three of its most relevant trends: I) the exponential growth in the use of the figure, ii) the arrival of the figure to markets where it was shallow or not at all known, and iii) its recent stage of regulation. This paper concludes the next ten years of the tpf will likely be defined by its steady growth because there are no signs of stagnation in its use and consolidation on new markets. Nevertheless, the future of the figure seems to be mainly linked to its legal regulation, since it would achieve a universal concept, as well as guarantee the validity of the figure in jurisdictions where it is currently prohibited, and contribute to solving criticisms against it. [ABSTRACT FROM AUTHOR]

Within international investment arbitrations, international protection is usually denied to investments that have been made through acts of corruption as the majority of the investment arbitration tribunals do not assume jurisdiction or the claims are considered inadmissible. These decisions, inevitably and indirectly, lead to the exoneration of international responsibility of the defendant States due to the corruption of their public officials, even when these illicit acts are not configured unilaterally, existing, in most cases, shared responsibility between the investor and the State. By not sanctioning corruption, the current crisis in the investment dispute resolution system is aggravated, which, on the contrary, requires urgent and consensual solutions to guarantee a viable reform. Faced with this worrying scenario, this article examines mechanisms to achieve the confluence between International Investment Law, International Anti-Corruption Law and the international standards concerning the Responsibility of States for Internationally Wrongful Acts. We argue that if illicit behavior by public officials is found, depending on the circumstances of each case, the investment arbitration tribunals should rule on the international responsibility of the defendant States for failing to comply with the obligations arising from the International Anti-Corruption and Investment Treaties. Likewise, depending on the case, they must sanction investors and States, since both parties may be responsible for committing the illicit acts of corruption. Recognizing the limitations inherent to the powers of arbitral tribunals, it is possible to affirm that they cannot remain outside the international fight against corruption, as it has been agreed by the international community in the treaties that exist on this matter, being this the situation when the tribunals declare their lack of jurisdiction, avoiding to decide on the acts of corruption identified within the specific case. [ABSTRACT FROM AUTHOR]

The process of political negotiation in Mexico has not been easy. It requires willingness and commitment, as well as pragmatism and rationality. The actors involved in politics pursue interests and to achieve them they participate in dialogues and meetings with others. The reconstruction of the country after the Mexican Revolution was a sign of a broad-spectrum negotiation. The Federalism, a flag raised during the revolutionary combats, was a current demand at the beginning of the New Mexican State and during the twentieth century, originating constitutional reforms. In short, the political negotiation and the prevailing order changed when the emanated party from the Revolution lost its hegemony in the Legislative Power and new dynamics of cohabitation were promoted. [ABSTRACT FROM AUTHOR]

The Syrian mediation process has repeatedly been characterized by its fragility. This fragility does not only stem from its inability to produce tangible results but it also rests on other dimensions such as its instability, the lack of impartiality of its mediation structure, or its lack of representativeness and capacity for action, all of which have been studied more tangentially. The purpose of this article is to determine the explanatory factors of these other dimensions of the fragility of the process. In order to do so, and based on the spoiler literature, it first operationalizes the spoiling behavior, distinguishing violent acts from non-violent ones. In the second place, their impact on the process is analyzed, identifying the relationship between them and fragility. In the third place, the mandates of the four Special Envoys assigned by UN to date (January 2020) are evaluated from this perspective. The results of this research show that the violent spoiling behavior in the Syrian mediation process explains the drastic reactions both by the mediating activity itself (suspension of the observation mission, withdrawal of the mediator or postponement of the opening of talks) and by the intervening parties (withdrawal or suspension of conversations), while non-violent behavior tends to attack the process in a more subtle way, threatening its relevance or impartiality. The most evident consequence is a weak mediation process, that may raise doubts on the ability of international mediation in the face of intractable armed conflicts. [ABSTRACT FROM AUTHOR]

Hans Steffen, a prominent Prussian geographer (1865-1936), was hired in 1889 by the Government of Chile as Professor of Geography for the recently formed Pedagogical Institute, with the aim of educating Geography teachers and writing texts to contribute to the institutionalization of national geography. Towards the end of the nineteenth century, when Steffen was already an established professional in Santiago, Chile and Argentina submitted their Andean border litigation to international arbitration. In that context, Steffen was actively involved in preparing the document which the Chilean government would present at the dispute. This article analyzes the geographical practices, ideas, and theories developed by Steffen for the conceptualization and demarcation of the border between Argentina and Chile, by examining the texts (newspapers, didactic books, diplomatic declarations, published conferences) and images (maps, photos, sketches, outlines and field notes) he produced. [ABSTRACT FROM AUTHOR]

Indirect expropriation is the prevailing form of expropriation today, and its determination constitutes one of the main problems in international investment law. Doctrine and case-law has identified two possible solutions centered, respectively, in the effects or in the intention of the measures adopted by the host state. Of late, a third alternative has appeared that finds possible support in certain last-generation investment treaties. Deriving from the case-law of the European Court of Human Rights on the protection of property, it applies the principle of proportionality to determine the expropriatory nature of those measures judicially challenged by foreign investors in international arbitrations. This possible solution, however, also presents some issues of implementation. The purpose of this work is to study the application of proportionality in these disputes. Through the analysis of the relevant case-law, and the use of the dogmatic and comparative methods, the present article examines the emergence of this principle in international investment law, highlighting the differences in its application in the fora in which it has been used, to conclude that in order to become a useful instrument for solving claims of indirect expropriation it must have a clear normative basis, allowing for its employment, in tandem with the margin of appreciation, to determine the lawfulness of the respective measures, not their expropriatory nature. [ABSTRACT FROM AUTHOR]

This study tackles two fundamental decisions that ICSID tribunals have to cope with before deciding on the merits of the case: the decision on jurisdiction and the decision on admissibility. In the first one, a number of procedural requirements must be assessed, in the light of the Convention, but also in the light of the investment treaty where the arbitration offer is enclosed. In the second decision, the tribunal must decide, after a prima facie evaluation, if the facts from which the dispute arises are protected by the investment treaty. It is the intention of the present work to enlist in detail the procedural requirements that have to be assessed, pointing at the problems which have arose in the practice and suggesting solutions to them. [ABSTRACT FROM AUTHOR]

The European Union is incorporating in its International Agreements on investments a new system of solution of investor-State controversies. This system of international investment tribunals is very different in its characteristics from traditional international arbitration. The CJEU in its opinion 1/17, of April 30, 2019, has confirmed its adequacy to European law. The European Union now wishes to adopt this system at the global level by creating a multilateral investment court and is defending this position within the work being carried out at UNCITRAL. [ABSTRACT FROM AUTHOR]

The main object of this work is to analyse the phenomenon of Third Party Funding and its influence and development in the current commercial and investment arbitration world. Thus, the work analyse the main aspects and characteristics of the TPF and the different regulations that already exists. In addition, the work studies how the use of TPF could influence in the independence and impartiality of the arbitrators and therefore, the possibility of the existence of conflict of interests. [ABSTRACT FROM AUTHOR]

Representative bodies for public employees are selected through an electoral procedure. Challenges on electoral matters shall be processed in accordance with an arbitration proceeding, except for refusals to register electoral records, whose claims may be directly formulated before the competent jurisdiction. The arbitration ruling shall be written and justified, and shall rule by law on the challenge to the electoral process. Moreover, the arbitration award may be challenged before the Labour Courts through the relevant procedural methods. [ABSTRACT FROM AUTHOR]

Without opposing to the doctrine of the Court of Justice of the European Union, which has facilitated an extensive ex officio validity control of the arbitration agreement by the state courts in the area of consumer protection, this paper argues that perhaps this doctrine could be moderated according to the procedural conduct of the party in litigation, in order not to disproportionately affect core elements of the arbitration such as: the parties' consent, the Kompetenz-Kompetenz rule and the limited court involvement. [ABSTRACT FROM AUTHOR]

This article aims to study objective arbitrability in domestic arbitration in Colombia. This article proposes a catalog or list of matters that are not arbitrable originating in the law itself, in the various decisions that the courts and doctrine have uttered. In addition, this text comments on particular areas or topics that, although arbitrable, have proved currently controversial for the arbitrators' knowledge. After identifying and studying the issues that are not arbitrable in Colombia and then refer to certain specific issues that may be submitted to arbitration (that are worth mentioning), it is concluded that, as a result of the freedom of the law, a list of non-arbitrable matters in Colombia has been built. This list at no time is intended to be limiting or much less taxative, but that reflect the evolution that the legislator and the courts have had in its continuous construction. For the elaboration of this list, the dogmatic method of legal investigation has been used, which takes into account the legal provisions, doctrine and jurisprudence of the High Courts in Colombia. [ABSTRACT FROM AUTHOR]

El artículo presenta un informe sobre el procedimiento legal para el arbitraje y la mediación en España en 2019. Los temas discutidos incluyen, la sentencia del Tribunal Superior de Justicia de Madrid, España; el número de pedido (n) 43/2019 de la Audiencia Provincial de Barcelona el 7 de febrero de 2019; y la Orden N16/2019 de la Audiencia Provincial de Madrid, España, el 1 de febrero de 2019.

This paper aims to glimpse the horizons of the fertile field of intercultural dialogue in legal argumentation. In this setting, reflection is encouraged on a proposal for plural legal argumentation that integrates the essentials of both standard doctrine and other argumentative forms that, from the Andean intercultural philosophy, suggest a legal argumentation structure based on the worldview of the Chakana. In order to live well, ordinary, peasant indigenous, and agro-environmental jurisdictions, as well as magistrate judges and tribunals and the Bolivian Plurinational Constitutional Court, should address each case using a plural conception of legality. Thus, in bringing together dialogic practices and procedures, the fabric of interculturalism will ensure, from a feel-thinking perspective of law, harmonious relationships and coexistence between individuals and their surroundings. [ABSTRACT FROM AUTHOR]

What is «liquidable» and how should this concept be faced by arbitrators and judges? Can an enforcement judge determine concepts such as costs, interests and/or penalties if the arbitral tribunal has not provided any parameters? What fundamental rights might be violated? In accordance with international arbitration practice, we will deal here with the problems arising from the division of functions between judges and arbitrators in relation to the enforcement of the «liquidable» concepts. [ABSTRACT FROM AUTHOR]

This article analyzes the role played by the Monroe Doctrine in the disagreements that took place between Spain and the United States in Latin America during the 1880s. Based on diplomatic sources preserved in archives in the United States and Spain, the article argues that these apparently peripheral incidents reveal that the Monroe Doctrine was a lasting, although flexible, principle of U.S. foreign policy in Latin America. Specifically, the evidence suggests that the motor behind the evolution of the doctrine was U.S. domestic policy. [ABSTRACT FROM AUTHOR]

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the Law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia. [ABSTRACT FROM AUTHOR]

An introduction is presented in which editor discusses various articles within the issue on topics including universality of international arbitration, effects of violence in Colombian society and effects of Multilateral Investment Fund on foreign investment in Latin America and Caribbean region.

International arbitration awards in constitutional actions that protect fundamental rights have found an obstacle to their implementation and therefore also to legal certainty. There are some jurisdictions where arbitration is elevated to constitutional status and therefore it is considered as an institution that is part of internal public order which has to be protected. Of course, the above collides with arbitration that is truly international and that this terminates in violating the expectations of the international business community and which thus promotes the argument that there is a threat to legal certainty. This legal certainty is not only that which clings to the precepts of positive law, if not a distinct legal certainty, steeped in pluralism and implying the joint coordinated and active consensus of the various business participants, who are no longer passive entities but to be contributors within the framework of legal certainty, especially in Colombia where it seems doubtful that its legal and jurisprudential structure will give up its strong positivist tradition. This article used documentary research to answer its approaches and also starts from a general overview then to the particular case of Colombia. [ABSTRACT FROM AUTHOR]

The principle of the autonomy of the contract will in the choice of procedure law is an axiom in international trade disputes. Nevertheless, in several legal systems there are restrictions to this principle residing in the public policy. It is possible to identify the principles of public policy such as those that inspire a particular jurisdiction and are an echo of the fundamentals values of a society. The concept responds to a general idea of the supremacy of society over individuals. This paper purports to demonstrate the prevalence of contractual intent over the so-called lex arbitri at the transnational level. The methodology used is documentary. [ABSTRACT FROM AUTHOR]

The article discusses the importance of constitutional law, unconstitutional taxation, and expropriation or eminent domains. The author comments on tax regulation and legislation, international arbitration, and limiting the taxing power of the state. Other topics mentioned include property rights and jurisprudence.

Towards the end of the 19th century, the Pan-American project implied a series of political, economic, and cultural strategies that increased the influence of the United States in Latin America. In this context, the countries of the Southern Cone began accepting arbitration by American presidents or delegates in territorial border conflicts. The article analyzes the participation of the United States in the conflict between Argentina and Chile over the Puna de Atacama (1899). This approach aims at identifying the contributions of the United Sates in the selection of criteria to negotiate the border, in the first place, and, secondly, to explore the connections between said arbitration and Pan- Americanism in the region. [ABSTRACT FROM AUTHOR]

The use of dilatory tactics by recalcitrant parties has become a reality of the international commercial arbitration. The purpose of this article, using a qualitative method of research based in the critical review of literature and case study, is to show that such tactics can be prevent through the application of the Competence - Competence Principle, from the point of view of its two effects: positive and negative, settled in the arbitral doctrine and several conventions and rules on international commercial arbitration. Thus, first, we will study the Competence - Competence Principle because it supposes a minimum of supervision by the judicial courts, and it gives faculties to the arbitral tribunal to guide the arbitral process until its decision stage without further delay; second, we will show types of dilatory tactics employed by the parties in the arbitral procedures to impugn without cause the lack of jurisdiction of the arbitral tribunal, and finally we will analyze the mechanisms or tools based in the faculties of the arbitrators that may be used to counteract them. [ABSTRACT FROM AUTHOR]

The present paper is a bibliographical overview which constitutes the author's first document presented for his PhD in Law from the Universidad Javeriana. It presents the latest studies on formalisation and judicialisation of arbitration in some legal systems in Latin America. For this purpose, it will deal with matters such as the definition of the legal nature of arbitration, monism and dualism in legislative structures, the constitutionalisation of the figure and phenomenon of judicial intervention. [ABSTRACT FROM AUTHOR]

Un rápido examen de las publicaciones recientes dedicadas al Imperio ibérico revela que el concepto de negociación indígena se ha arraigado en la historiografía americanista, no sin provocar algunas polémicas. El presente artículo intenta situar la nueva teoría dentro de la producción académica de los últimos años, rastreando tanto las deudas que contrajo con otras corrientes, como las rupturas e innovaciones que introdujo. Pero, más que desentrañar influencias y peculiaridades, se trata de darles sentido, con el evidente y asumido riesgo de no ser cabal. Se considera que el concepto de negociación indígena ha permitido trasladar la idea de participación indígena de lo cultural a lo legal y que, como consecuencia de ello, ha contribuido a reconsiderar el lugar que ocuparon los indios dentro del Imperio hispánico. En este sentido, la teoría inserta la cuestión indígena dentro de una renovada reflexión sobre el funcionamiento político de la Monarquía hispana. [ABSTRACT FROM AUTHOR]

El artículo presenta un análisis de la legislación sobre arbitraje en asuntos civiles y mercantiles de España, aprobada mediante el Real Decreto-ley 5/2012 del 5 de marzo de 2012. Algunos aspectos discutidos son concepto de mediación en el ámbito mercantil, figura del mediador y proceso judicial en una mediación.

In March 2011, the UN Security Council approved Resolution 1973 which settles the military intervention in Libya. Together with the BRIC-states, Germany abstained; all other states voted in favor. The article analyses the causes and potencial consequences of the German position. [ABSTRACT FROM AUTHOR]

A discussion has taken place regarding the possibility of using international arbitration as a mechanism for overcoming the protection afforded to commercial agents under Colombian Law, once their contracts terminate. The parties to these contracts may agree to solve their disputes by international arbitration and under a foreign applicable law to the mentioned contracts. In this sense, a distinction should be drawn between the possibility of opting for international arbitration and the fact that arbitration tribunals should apply or not Colombian law to the merits of the case; local rules protecting commercial agents may not be characterized as "international public policy" rules or as "truly international public policy rules". The Colombian State, when entering into international instruments such as the FTA with the United States, might be confirming that the mentioned local rules do not amount to international public policy rules in Colombia, at least to date. It is not evident that European case law, protecting commercial agents, may be applicable to local legal reality. In Colombia, exequatur of foreign arbitration awards should not be a problem, regarding commercial agency cases. However, the debate is open. There are possible mechanisms and arguments protecting Colombian commercial agents, depending on the circumstances of the case. [ABSTRACT FROM AUTHOR]

Recently, a Colombian Court refused to hear a case to have an international arbitration award set aside, because it found the parties had waived their right to recourse against the award by submitting their dispute to the ICDR Rules, which state that all awards are "final and binding on the parties". Although the court's ratio decidendi was later called into question by a higher court, this novel ruling sets the stage to analyze the scope and application of Colombia's international arbitration regime, Law 315 of 1996, and to debate whether or not this means that it is now valid under Colombian law to waive any right to set aside an international arbitration award. This paper analyzes both issues, with the authors concluding that in an international arbitration context, such waiver should be deemed valid in Colombia. [ABSTRACT FROM AUTHOR]

In accordance with objective arbitrability, matters referred under arbitration, are those that may be settled. Domestic case law, based on national public policy, has restricted the jurisdiction of the arbitration tribunals by no allowing to bring before them disputes regarding the validity of administrative orders issued by the public entity during the performance of a contract. Nevertheless, such prohibition cannot be extended to international arbitration, because it would contravene international public policy. [ABSTRACT FROM AUTHOR]

The concept of international public policy has been a theme of great interest and importance in the international commercial law, specifically in what concerns the systems of conflict of laws and international commercial arbitration. This principle has been widely approached and discussed by both national and international courts, the academy, doctrine, international organizations and in general by lawyers around the world. In one occasion it was described as an "unruly horse" by an English judge. The objective of this article is to determine the state of the art of the concept of international public policy in the field of the conflict of laws and international commercial arbitration. This will be met by studying its definition, nature, and characteristics under what has been established by both national and international legal provisions, doctrine, and case law. To fulfill the terms of this objective, we will first examine the concept of Colombian public policy, then we will analyze its concept of international public policy, we will follow with its analysis in the field of comparative law, and last of all we will study it in international commercial arbitration. [ABSTRACT FROM AUTHOR]

This article discusses the study of the parties into ICSID arbitration, in the first place, investors and states as the disputing parties in arbitrations on investment and, secondly, the called Amici Curiae, who act as third parties within these procedures. The author analyzes conditions to be met by each one of these individuals in order to access into ICSID jurisdiction, and through review of existing arbitral decisions on the matter, not always coincide and uniform, identifies major trends that courts follow today. [ABSTRACT FROM AUTHOR]

This article analyses how the fair and equitable standard is applied by international tribunals from the interpretation of the clauses of the bilateral investment treaties, establishing a tension with the notion of regulation, as States police power on the economic activities within their territories. We try to show how international tribunals deal with this tension defining limits to the States powers and fixing the scope to the standard. This article is the first part of the study mentioned above, and the second section will address the Arbitration Court's judicial decisions within the North American Free Trade Agreement. [ABSTRACT FROM AUTHOR]

The term investor is inexorably linked to the concept of nationality. Although public international law has established clear and mandatory criteria to determine the effectiveness of nationality, ICSID arbitral tribunals have disregarded such criteria and have rather adopted a pro-arbitration approach inconsistent with the general principles of international law and the very same scope of the ICSID Convention. [ABSTRACT FROM AUTHOR]

The recognition and enforcement of foreign arbitral awards that have been set aside at the seat of arbitration are becoming increasingly important in the evolution of international arbitration. In an attempt to provide a comparative outlook into today's landscape regarding the enforcement of such awards, this article seeks to both explain and critically analyze the application and interpretation given to the New York Convention throughout different jurisdictions, focusing on the French and the American. As the convention consents to the enforcement of foreign awards that have been previously set aside, by using relevant case-law, this article highlights the two different paths that national courts have undertaken: the first is favorable to the internationalization of arbitral awards whereas the second is a more controlling and restrictive approach, favorable to the idea of the sovereignty of foreign courts. In light of the Convention's travaux préparatoires, which clearly show the intent of the drafters to favor an 'arbitral legal order', this article concludes by stating that even though court decisions do not benefit from extraterritorial application, the Convention does indeed allow judges to deny enforcement of an award on the basis that it that has been set aside or suspended by a competent authority in the country in which that award was made. [ABSTRACT FROM AUTHOR]

The existence of a legal order regulating International commerce, also called lex mercatoria doctrine, is a well known controversy in international law. The different arguments on debate are presented as irreconcilable but all of them are grounded on a common base. This paper is devoted to the explanation of the consensus present in the argument and to its comparison with the international arbitral practice to finally discover if this agreement sufices to justify the lex. For this purpose we analyze the awards of the International Chamber of Commerce regarding the choice of applicable law and in which the arbitrators were called not to pronounce ex aequo et bono. The main result of this study is that the existence of the lex mercatoria cannot be proved by arbitral practices under the common conditions of the lex mercatoria doctrine. The only certainty on arbitral awards is the reference to international commercial practice and the acknowledgment of international trade principles established on universally admitted instruments. In conclusion, lex mercatoria needs both factual and dogmatic foundation. The international commerce law should still find out its legitimacy and structure with the help of Jurisprudence. [ABSTRACT FROM AUTHOR]

El artículo presenta un análisis de la cláusula de arbirtraje internacional en los convenios de doble imposición firmados por España. El autor discute las características más importantes y los beneficios del procedimiento amistoso de arbitraje, según el texto uno de los aspectos más polémicos de los acuerdos de doble imposición.