Decree and Execution of Preventive Measures in Arbitration

Abstract

On these pages, evidence of the innovative zeal of the national legislator and the maximum expression of freedom in the Venezuelan legal system regarding the procedural conduct of the arbitrator have been collected, where the possibility of adventuring into new interpretations that could substantially change the very concept of his or her discretion in the decree of cautionary measures is open. The absence of limits or the scope of the arbitrators powers, within the procedural regulation, motivates the following exposition, with no other intention than to examine the authority of the judge in the light of the norm that sustains it. To achieve these aspirations, its analysis has been pointed out as the general objective, through examination of the requirements necessary for the judges exercise, to thereby determine the limits of the administrator of justice ad hoc in all his legal magnitude, all under the unquestionable influence of the principle of social interest. The operative methodology of documentary investigation was used as an instrument for knowledge, supported by the descriptive design, to respond to the problem in question, based on criteria from the Venezuelan Supreme Court of Justice, the National Constitution and national trial lawyers such as Ricardo Henriquez La Roche. This study specified that the decree of preventive measures by the arbitral court, guarantees the right to defense; therefore, its total acceptance would be a step a forward in attaining due process.