The present work is inspired by the conference given by the author on November 7th 2014, at the Faculty of Law of the Buenos Aires (Argentina), under the 3rd Meeting of International Chapters of the Club Español del Arbitraje. The paper begins with the distinction between the concepts of arbitration and the constitutionalisation of arbitration. Next, one analyzes the reasons of this phenomenon across three periods: period post-independence, period Calvo and period of the resurgence of the arbitration. Soon, the degree of constitutionalisation of the different Latin American arbitration systems is approached. Later, with the help of certain significant cases, the fields in which Constitutional Law and Arbitration Law collide are illustrated. Finally, we analyzed the consequences of the constitutionalisation of arbitration, including what we call the «theory of the constitutional nature of arbitration».
Iurgium [previously Spain Arbitration Review]