¿Jurisprudencia arbitral o precedente arbitral? - Iurgium [previously Spain Arbitration Review] View ¿Jurisprudencia arbitral o precedente arbitral? by - Iurgium [previously Spain Arbitration Review] ¿Jurisprudencia arbitral o precedente arbitral? 2017 28

The present work is inspired by a chapter of my doctoral thesis titled «Droit de l’arbitrage international en Amérique latine et en Suisse: sources, nature juridique et convention d’arbitrage » which was published in 2015. Due to the success of international institutional arbitration and the interest it arouses, the arbiral doctrine is increasingly confronted by the question of whether the arbitrators, in exercising «jurisdictional competences» attributed to them, can create jurisprudence while dictating awards. The questions that the doctrine ultimately tries to answer are: (i) can it be considered as a source of arbitration the awards dictated by the arbitral tribunals under the framework of administered arbitrations? and (ii) can it be asserted legitimately that the term «arbitral jurisprudence» is the appropriate term to describe the solutions contained in arbitration awards? Through an analysis of the concepts of jurisprudence and precedent, the author of this article concludes that the concept of «arbitral precedent de facto» seems more in keeping with the characteristics of arbitral awards.

Iurgium [previously Spain Arbitration Review]