Domestic Arbitration

January 19, 2023

Domestic arbitration is a form of alternative dispute resolution in which one or more individuals are appointed to address a case that takes place within a jurisdiction.

This subject was the main topic in another edition of the “5-Minute Legal” program on Radio Femenina 102.5 FM, featuring our associate lawyer, Rubén Rivas, who is also in charge of our Litigation and Arbitration Department.

Our expert explained initially that arbitration is a distinct method from regular jurisdiction: “If I have a dispute, I can go to the courts as is done regularly, or I have other alternatives.”

Among these alternatives is arbitration, where a tribunal is established to exclusively address the conflict between the involved parties. When discussing this tribunal, arbitration serves for matters that are inherently private.

“Generally, arbitration will be used to resolve contractual disputes. For arbitration to exist, there must be consent from both parties, a commitment to remove the dispute from regular jurisdiction, and take it to an independent tribunal,” he emphasized on air.

Regarding the benefits of arbitration, Rivas listed some, including process flexibility, swiftness, and specialized attention: “The Judicial System is always burdened with work; on the other hand, if a tribunal is established for conflict resolution, it will be more expedient.”

Our lawyer provided an example of investment contracts, involving banks or construction, which deviate from the general rule of day-to-day business, generating the need for a certain degree of expertise that a court doesn’t provide.

At Torres Legal, we have a highly qualified Litigation and Arbitration team for conflict resolution, focusing on negotiation, advice, and representation for clients seeking our services.

For more information about domestic arbitration application, you can contact us through our social media or by visiting our facilities at Calle Cuscatlán, #4312, Colonia Escalón, San Salvador.

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