Editor: Tirant lo Blanch (Valencia) – ISBN: 978-84-9190-044-3 – 462 pages – orders: https://www.tirant.com/editorial/
The title, and the work, refer to the general principles of arbitration, useful to provide various normative manifestations with a logical and axiological coherence in the legal regime of this important system for the settlement of disputes. Thus, from the principle of autonomy of will, which is at the base of arbitration as a legal phenomenon, a multitude of sub-principles and specific rules of a very diverse nature are broken: law applicable to the procedure and the merits of arbitration, determination of the seat or the language, negative effectiveness of the arbitration agreement, confidentiality, congruence of the award, etc. From the principle of separation or autonomy of the arbitration agreement are also extracted subprinciples and rules relating to the impermeability of the arbitration clause to the nullity of the contract or the determination of the law applicable to the arbitration clause independently of the law applicable to the contract. Very close to the understanding of the general principles as a source of law, the principles also display an interpretative efficiency: they not only inform the drafting of particular rules or provide guidelines for solutions in the absence of specific rules on a particular issue, but also serve to outline and give meaning to the rules when they present ambiguities or their scope is subject to controversy. The reader will find in this book an effort to show in an orderly manner the ideas-force that go through the arbitration at any time and place; In short, an exhibition that has sought to be contained in the keys that anchor the arbitration building to reality and legal science.