Abstract:
To answer the plea of incompetence of stakeholders need to refer to the rule
of law applicable to this case and proceed to interpret them in relation to the
elements of the case. But the importance and complexity of the dispute, and nature of the arbitral tribunal seized compels us to examine all the facts and law,
justice solution that can compete on the appearance of competence, uses and so
arbitration decision will be fully intervene thorough and legal.
Subjective arbitrability (ratione personae) is considered in relation to those
parts in question both in terms of their ability to enter into an arbitration agreement, and in terms of their quality, independent capacity to appeal to arbitration
to resolve their disputes; the latter condition the public legal persons, who are
prohibited to participate in arbitration.
Objective arbitrability (ratione materiae) is considered in relation to the object
of the dipute ,which has a non arbitrary nature, because it relates to rights unavailable, either because they concern matters affecting the public interest and therefore
their resolution is limited to judges rule . Procedurally arbitrability is the case when
arbitrability is contested before the arbitral tribunal, that shall apply the principle of
so-called dual jurisdiction (Kompentenz -Kompetenz), under which thecourt is competent to decide on their own jurisdiction and the arbitration agreement.
