Memorial Parte Demandante - XIII Competencia Internacional de Arbitraje 2020

Abstract

According to the research carried out and taking into account the two main parts dealt with in the document, in the first place are the forms of connection of the subjects not signatories of the arbitration agreement. There, some applicable theories are described according to the specific case, and the necessary assumptions are exposed to allow the linking of these subjects. Likewise, it complements the part of jurisdiction supported by fundamental notions of arbitration, principles such as competence competence, the argumentation of the validity of the arbitration clause, the tacit manifestation of the will, and others developed in the explanation of the applicable theories.

Secondly, regarding the merits, the fraudulent use of the trust contract was founded, and consequently the contractual responsibility of the States as the defendant, as the constituents and beneficiaries of the trust used in a fraudulent manner. Compliance with the plaintiff's obligations and the conviction claims against the defendant was also demonstrated.

We therefore conclude that in order to understand the parties to a convention or a clause, it is not required that there has been an express signature of the same, since by means of different acts or theories they can be linked, especially when the existence of bad behavior can be inferred. faith or fraud such as those that occurred in the specific case.

Likewise, we observe the differences between the legal figure of the trust and the commercial trust, their uses in international trade, applicable regulations and standards, and factual application in contractual disputes such as the case of competition.