Keywords
commercial arbitration
bad faith (law)
jurisdiction
remedies (law)
“Competence-Competence”
dilatory tactics
international arbitration
arbitral agreement
challenge of jurisdiction
How to Cite
Abstract
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.
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