¿Qué es un Laudo Arbitral? #arbitraje #contrataciónpública

Introduction to Arbitral Awards and Their Challenges

Overview of the Session

• Ángela Cámara introduces herself as a principal associate at Chopar, focusing on litigation and dispute resolution.

• The session will cover arbitral awards and mechanisms for challenging them, noting that there is no formal definition in arbitration law.

Understanding Arbitral Awards

• An arbitral award can be either partial or final; it is crucial to distinguish these types within the arbitration process.

• A key characteristic of an arbitral award is that it must be a decision made by the arbitral tribunal, resolving aspects of the underlying controversy.

Characteristics of Arbitral Decisions

• The decision must address substantive issues in dispute, not limited to monetary compensation but also procedural objections like jurisdictional challenges.

• The tribunal's ruling on jurisdictional objections can result in either a final award or a partial award focused solely on that issue.

Importance of Distinguishing Arbitral Awards

• An arbitral award represents a definitive resolution on matters submitted to the tribunal's authority, distinguishing it from other procedural decisions.

• Understanding this distinction is vital due to its implications for appeal mechanisms and the effects of such decisions within legal frameworks.

Implications for Challenge Mechanisms

• Different types of decisions (e.g., procedural orders vs. awards) have varying challenge mechanisms; non-award decisions typically allow for reconsideration rather than formal appeals.

• Recognizing whether a decision constitutes an arbitral award affects how parties may contest it under applicable laws.