Academic Information (Spanish):
Degree:
Specialist in Arbitration
Delivery Mode:
On campus
Duration:
One year
Coordinator:
Mr. Alberto Ceballos.
Purpose of this Program:
The Specialization in Arbitration is based on a doctrine that postulates that the fact of granting private individuals transitory legal authority in order to administer justice does not imply the exclusive and public character of the jurisdictional function, since the public accountability assigned to those private individuals evidence of the distinguishing notes which are inherent to the jurisdictional process; that states that the arbitration does not privatize justice, but, on the contrary, it widens the universe of the public issue; that states that this type of process is not against the state jurisdiction, but it expands the public offer of mechanisms for the peaceful and rational solution of conflicts; that, after all, states that the arbitrator is a judge and that, therefore, she/he bears the same essential qualifications that the permanent state judge must bear.
The above postulates will guide a rigorous and productive intellectual exercise that will allow exploring values, political actions, distinctive information and technical characteristics that define the arbitration.
The arbitration propitiates an instructive exchange between the private and the public issues; it provides coherence to two types of purposes of the citizens that have been usually shown as antipodes: their interest for their own, their interest for what belongs to others and for the collective issues. The particular moves from the private to the public, and in the latest event, his/her exercise as arbitrator increases the presence of the state in the society. That is, without a doubt, an event that contributes to the construction of the free/autonomous/solidary and responsible citizen proclaimed by the 1991 Constitution.
The arbitration process is not a state runaway action; on the contrary, it is a widening of the public issue.
Objectives:
- To train Law Professionals that, with enough intellectual sufficiency and adequate understanding of his/her political role, may be protagonists, players, promoters and critics of the arbitration.
- To make out of the arbitration - up to now preferably relegated to the shelves and offices of the commercial law experts - an issue with a marked feeling of the political matter.
- To position the arbitration in the relevant place of the reflection about the social conflict, law, justice and peace.
- Just as it happens with the state jurisdictional process, to assure the absolute enforcement of the due process and specially the necessary condition of the arbitrator's impartiality.
- To train arbitration specialists qualified to perform with the due foundation and solvency the functions inherent to any of the individuals taking part in the arbitration process: arbitrator, proxy and arbitration court's secretary.
Aimed at:
Lawyers
Graduate's Profile:
The arbitration specialized professional will be qualified to perform, with the due foundation and solvency, the functions inherent to any of the individuals that take part in the arbitration process: arbitrator, proxy or the arbitration court's secretary. In addition, she/he will have enough basic information in order to carry out research studies on the subject that aim to refine and improve the existing arbitration model and with the perspectives stated in the paragraph corresponding to the program justification.