ARBITRATION AS EXPEDITED OPTION FOR CONFLICT RESOLUTION
Contributed by Icaza, Gonzalez-Ruiz & Aleman
10 October, 2012
Contributed by Icaza, Gonzalez-Ruiz & Aleman [www.icazalaw.com]
One of the constitutional guarantees, understood as a Procedural Law Principle is the expeditious capacity of the justice administration. Expeditious means free of nuisances. For the purposes we seek that when we go to a Court to resolve a conflict, this shall mean to resort to a proceeding with the minimum of obstacles to obtain a judgment. The procedure provided by law for these purposes must fundamentally guarantee the due process to the parties, that is, to allow the appearance and timely defense in the litigation; opportunity to submit evidence and exercise the means of objection against those acts that so allow it.
Certainly the guarantees of due process may not be considered as obstacles or nuisances in the Administration of Justice. Nevertheless, the excessive “proceduralism” that Judges and Justices have embedded the Process, has emphasized the need of the associates to resort to Arbitration.
Arbitration as means of conflict resolution recognized in the Political Constitution of the Republic of Panama, besides guaranteeing the Due Process, gives certainty regarding its duration, which does not occur with the proceedings that are filed before the Ordinary Courts, whose duration is not less than four years against six months in which an award has to be issued in the Arbitration Proceedings in accordance to what is provided by Article 25 of Law Decree N°5 of 1999.
The immediacy that is supposed for the solution of a conflict through an Arbitration Proceedings is an inevitable invitation to all those who for any reason require the jurisdictional intervention to define the rights in dispute.
The delay time for the solution of a conflict becomes a financial and emotional burden, arbitration being a guarantee as to the time of definition, a remedy against the "delay as a commodity with which it is speculated to make arrangements or economic benefits unlawfully” as set forth by Professor Jairo Parra.
Attorney Carlos E. Villalobos Jaén
Aquilino de la Guardia Street No. 8
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