CHAPTER 42 - Venezuela - Interim Measures in International Arbitration
Author(s):
Eugenio Hernández-Bretón
Page Count:
20 pages
Media Description:
1 PDF Download
Published:
May, 2014
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Originally from: Interim Measures in International Arbitration
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INTRODUCTION
Venezuela is a federal state. However, arbitration is regulated
exclusively by federal legislation. The Venezuelan Commercial
Arbitration Law (Ley de Arbitraje Comercial), published in the Official
Gazette Nr. 36.430 of 7 April 1998, was drafted after the 1985 version of
the UNCITRAL Model Law. Nonetheless, as we shall see in the
following pages, the Commercial Arbitration Law shows significant
divergences with the UNCITRAL Model Law. According to the general
opinion of Venezuelan commentators and case law, the Commercial
Arbitration Law applies to domestic and international arbitration,
regardless of a specific and express provision in the Commercial
Arbitration Law or in any other law1 The Commercial Arbitration Law is
the first comprehensive autonomous statute on the subject in Venezuela,
and supersedes to a very large extent the provisions on arbitration
(arbitramento) contained in the 1986 Code of Civil Procedure (Código de
Procedimiento Civil). Following the enactment of the Commercial
Arbitration Law, courts have dealt intensively with the Law. Case law
emanated from the Supreme Court of Justice has played a major and
most significant role in interpreting and re-shaping the Law, particularly
the opinions rendered by its Constitutional Division, some of which have
the authority of binding precedents on all courts pursuant to Article 335
of the Constitution. Only a subsequent ruling of the Constitutional
Division can overrule a former binding precedent. Regarding interimmeasures
the Commercial Arbitration Law replicates Article 17 of the