La Corte Suprema respalda la jurisdicción arbitral
Published date | 29 July 2005 |
Date | 29 July 2005 |
Law Firm | Marval O'Farrell Mairal |
En un fallo reciente (“BearService S.A. c. Cervecería Modelo S.A. de C.V.”, CSJN 2005/04/05; La Ley diario del 1/07/05) la Corte Suprema de Justicia de la Nación, convalidó la incompetencia de los tribunales argentinos para resolver un litigio comercial cuando existe una cláusula arbitral. La Cámara de Apelaciones revocó la sentencia del tribunal de primera instancia que rechazó la defensa de incompetencia opuesta por la demandada, basándose en la existencia de un acuerdo arbitral.La demandante alegó que la cláusula era nula, por haber sido incluida en un formulario contractual preimpreso, y que bajo una interpretación estricta no abarcaba el reclamo de daños y perjuicios emergentes de la rescisión del contrato, y que el conflicto debía adicionarse al trámite de su propio concurso preventivo.
La Corte Suprema, en línea con lo resuelto por la Cámara de Apelaciones Comercial, afirmó que el...
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