The debate on the advantages and disadvantages of arbitration with respect to ordinary jurisdiction has been the subject of multiple doctrinal works. One of the advantages usually alleged by the defenders of arbitration is that it leads to a resolution of the dispute in a much shorter period of time than that used by the ordinary jurisdiction.
However, in an arbitration, several incidents could arise that could endanger a quick resolution of the proceedings. That is for example the case when the arbitrator needs the support of ordinary courts for matters such as the formalization of arbitration, the practice of evidence, the adoption of precautionary measures, etc.
Additionally, one of the issues that can endanger the arbitration proceedings is the submission by the parties of a criminal preliminary motion. What should the arbitrator do when, during the course of an arbitration, a question of that nature arises? And what is probably more important, if the criminal prejudiciality is agreed, what would happen with the arbitration proceedings? Throughout this article, we will try to respond to such questions.
Iurgium [previously Spain Arbitration Review]