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Boletín mexicano de derecho comparado
On-line version ISSN 2448-4873Print version ISSN 0041-8633
Abstract
PALAO MORENO, Guillermo. Place of Arbitration and "De-localization" of International Commercial Arbitration. Bol. Mex. Der. Comp. [online]. 2011, vol.44, n.130, pp.171-205. ISSN 2448-4873.
This article analyzes the relevant issues concerning the localization of the place of arbitration in the current highly globalized trade and technology, referring to the legal developments that have taken place in this field in Spain and Latin America. Thus, on the one hand, phenomena like "online arbitration" (linked to the use of Online Dispute Resolution -ODR- systems) or "mobile arbitration" are analyzed. And, on the other hand, the trend towards "de-localization" of international commercial arbitration is underlined; turning it into a "non-national" arbitration, in which the determination of the seat is used simply to choose appropriate arbitration rules or even to meet the convenience either ofthe arbitral process or ofthe arbitrators.
Keywords : international commercial arbitration; place of arbitration.