The Principle Kompetenz-Kompetenz of international commercial arbitration in the case law of the Supreme Court of Justice of Venezuela

Abstract

Since the creation of the Venezuelan Supreme Court of Law in (SCL) 1999, a series of sentences passed by the Political-Administrative Chamber set a counterproductive precedent by not recognizing the kompetenz - kompetenz principle proper of international commercial arbitration. For instance, in the sentences that were pronounced on the subjects Hyundai of Venezuela C.A. c. Hyundai Motor Company of 1999 and Consortium Barr S.A c. Four Seasons Caracas C.A., the Supreme Court omitted that principle. In spite of the sentences, then the SCL took on a new direction and in the subject Astivenca Astilleros of Venezuela, C.A. c. Oceanlink Offshore III A/S of 2010, passed a sentence of binding nature, which constituted a decisive support to the kompetenz - kompetenz principle in international commercial arbitration. In the next pages is presented a jurisprudence analysis focus on the different sentences passed by the SCL, where it is studied the evolution of institution of the international commercial arbitration and the kompetenz - kompetenz principle in the legal system of this south American country. It intends to encourage the dissertation of this important matter in the International Business Law sphere.

KEY WORDS: kompetenz-kompetenz principle, international commercial arbitration, arbitration clause, Venezuelan Supreme Court of Law.

JEL CODE / CLASIFICACIÓN JEL: J52, D74