Volume 11 (2014) / Issue 44
Rafael Ibarra Garza, 'Un Rompimiento con el Paradigma Convencional del Arbitraje. El Caso de la Clausula Compromisoria Incluida en un Fideicomiso-trust' (2014) 11 Revista Brasileira de Arbitragem, Issue 44, pp. 100–111
ABSTRACT: The fideicomisos and trusts are similar institutions from different legal systems. Because of the advantages of arbitration it is not a surprise to find arbitration clauses in the instruments of such legal mechanisms. However, there is an obstacle to the effectiveness of the arbitration clause; this obstacle is the lack of acceptance of the beneficiaries of the arbitration clause. Lack of consent is due to the structure of the fideicomiso and the trust. Despite this obstacle, there are theories and legislations that support the effectiveness of arbitration clauses in trust instruments which questions the conventional paradigm of arbitration.
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