Resumen

VASQUEZ PALMA, M. Fernanda  y  VIDAL OLIVARES, Álvaro. The contract and the applicable law as instruments of conflict resolution in international arbitration. Ius et Praxis [online]. 2019, vol.25, n.1, pp.383-414. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122019000100383.

The resolution of a contractual dispute requires the judge or arbitrator who knows about it the task of observing the stipulations of the contract and determining the substantive rules that will govern the conflict, which will force him to perform a task of constructing the contractual rule. The foregoing will be the basis in accordance with which the judge or arbitrator will accept or reject the claim object of the respective judgment. Regarding the content of the contract, we must distinguish the will expressed by the parties through its stipulations, the practices and uses of commerce incorporated by application of the principle of good faith, and also the applicable rules that overlap, integrate or supplement the gaps of that will.

Palabras clave : Contract; applicable law; international arbitration.

        · resumen en Español     · texto en Español     · Español ( pdf )