Legality principle below the light of consume arbitral: celestial music?

Authors

Keywords:

arbitration, consumer Law, legality requirement, annulment action, public order.

Abstract

The article analyzes the principle of legality established by Directive 2013/11/EU of the European Parliament and of the Council, dated May 21, 2013, regarding alternative dispute resolution in consumer matters within the framework of the procedure with the imposition of a solution: arbitration. On the one hand, the scope of application of this directive is examined, and the judicial function attributed to arbitration is questioned. On the other hand, it is studied to what extent this principle can be ensured in the field of consumer arbitration, especially within the framework of the enforcement procedure and annulment action. Ultimately, the article addresses the observation made of the jurisprudence of the Superior Court of Justice of Catalonia over the last five years (2018-2023) regarding annulment actions against arbitral awards.

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Issue

Vol. 28 (2023)

Section

Studies

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