Fundamental rights and commercial arbitration in Venezuela

Abstract

The purpose of this study was to recognize how human or fundamental rights applied in the legal-procedural relation influence commercial arbitration instituted in Venezuelan law. The research was based on a documentary study, using documentary observation methods and legal hermeneutics, as well as the content analysis technique in its dual sense, that is, as an analysis technique in itself and as an information collecting technique. A relevant finding was that constitutional principles of justice are not separated from alternative means for conflict resolutions, specifically, trade arbitration. The study recommends a legislative reform of the 1988 Trade Arbitration Law in order to compile, among other aspects, jurisprudential criteria used by the Supreme Court of Justice, particularly regarding jurisprudential doctrine emanating from its constitutional court.