DUE PROCESS IN ARBITRATION

Abstract

Due process has had a historical evolution over the years. The discordance in its definition, applicability and development was compressed when it was established as a fundamental right in the different States of Law. The modern States established normative hierarchies in which the Constitution is the supreme norm, being the main source of protection of fundamental rights. However, the attempt to relate the guarantees of due process to the arbitral seat involved, once again, doctrinal clashes. This is because the essential characteristics of arbitration, such as autonomy and celerity, are found in arbitration. On the contrary, due process is characterized by guaranteeing the protection of constitutionally protected rights in the jurisdictional or administrative sphere. Indeed, the purpose of this article is to link due process to arbitration and, in addition, to demonstrate whether its scope of application is absolute or whether some restrictions are necessary because it is an autonomous and private matter.