The manifestation of consent in conditions of economic violence: a pending matter in arbitration

Abstract

Despite the fact that the Arbitration building has been consolidated on the foundations of the unequivocal expression of consent, for years the institution of Arbitration has been subject to a regime that has not been able to establish the differential line between contract and arbitration consent, to such an extent that both terms are taken as synonyms in most studies on the matter. Hence, the observations and analyzes made on issues related to the aptitude and material validity of consent in Arbitration are scarce, confusing, and problematic. For such considerations, the present academic essay aims to propose a rereading of the feld of action of the arbitration consent, in order to purge it of the semantic faults inherited by the Arbitration Doctrine, highly influenced by the General Theory of Obligations. Finally it aims to highlight in an exclusive way the material product of the interrelation between violence, economy, and arbitration consensus, together with its jurisdictional consequences.

Keywords

• Economical violence; Mitigation; Kompetenz-Kompetenz; Separability; Indemnity; Consent