This year we celebrate the bicentennial of the Constitution of 1812, a milestone of European and American liberal constitutionalism and a collective manifestation of freedom from the venerable institutions of the Ancien Regime, one of his most notable developments, the recognition of arbitration as a means of solving conflicts given by the constituents to citizens to end their differences without resorting to the Courts of the King. This modern conception of arbitration is a celebration of individual freedom unparalleled in contemporary constitutionalism.
This work highlights the historical significance of the arbitration policy and its correlation with national sovereignty and unity of jurisdiction, and discusses the terms of the recognition of arbitration and its defining features in the Cadiz text , resulting from this analysis that the institution arbitral recognized in our Constitution of 1812 came forward almost 200 years in the recognition that the current Constitutional Court has granted lately, recognizing the arbitration tribunal as an jurisdictional equivalent, as replacement activity of the State’s jurisdiction.
Iurgium [previously Spain Arbitration Review]