Dr. Carlos A. Gabuardi presented a lecture before the judges of the State of Nuevo León on "The Arbitration Procedure." This lecture was part of a course on International Commercial Arbitration organized by the Arbitration Committee, Nuevo León Chapter, of the International Chamber of Commerce.
Dr. Gabuardi's lecture explained the critical path of analysis to determine whether an arbitration proceeding is viable, the arbitration arbitration procedure (stricto sensu) and its flexibility in comparison with the judicial process, as well as the steps following after an arbitration award is issued, including its enforcement or the challenge against it, as the case may be.
Likewise, Dr. Gabuardi explained the role of the courts of law in each of these stages and made a comparison between the arbitration procedure and the judicial procedure followed before the courts on civil and commercial matters.
Considering arbitration as a mean for dispute resolution, in spite of judicial litigation, is a matter of great importance for the solution of commercial matters in which flexible procedures and specialized knowledge is often required to facilitate an adequate resolution of disputes.
In this regard, it is worth highlighting the interest of the Judicial Branch of the State of Nuevo Leon to be trained in this topic, as well as the active participation of the members of the bench, since not infrequently, the jurisdictional assistance of the Judicial Branch is required for the successful implementation of arbitration procedures.
Presention (in Spanish)