RES JUDICATA DESCONSTITUTIVE ACTION BASED ON PRECEDENT VIOLATION: AN INTEPRETATIVE PROPOSAL FOR THE APPLICABILITY OF ANNULATORY ACTION IN THE ARBITRAL SENTENCE

RES JUDICATA DESCONSTITUTIVE ACTION BASED ON PRECEDENT VIOLATION: AN INTEPRETATIVE PROPOSAL FOR THE APPLICABILITY OF ANNULATORY ACTION IN THE ARBITRAL SENTENCE

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The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art.927, CPC15.Having verified this, a proposal arises to apply the same rule to arbitration awards.

Based on the specialized literature on the subject, it is possible to read more affirm both the admissibility of rescission action in jurisdictional judgments, and of annulment action in arbitral judgments that violate judicial precedents.Therefore, the activity of the arbitral court is equivalent to the judicial pronouncements, it is not being correct to admit that, on the one hand the hacklinkci.com court is subject to the precedent and, on the other hand, the arbitral court is free from its observance.