VENEZUELA 3
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIV (2009)
Jurisdiction
Venezuela, Bolivarian Republic of
Original full text
Full text decision VENEZUELA 3
Excerpt
Excerpt decision VENEZUELA 3
Summary
Venezuela 3. Tribunal Supremo de Justicia, Political-Administrative Chamber, 21 May 2009
Related topics
220
"Null and void", etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
223
Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.