Right of defense, unknowledge of language and lack of notification. The international public policy and the executive office of arbitral awards

Abstract

The right of defense is manifested in multiple ways in the arbitration process, either with something as basic as the language in which the proceedings are carried out, such as notifications of the initiation of a proceeding against. The consequence of the violation of this right entails the denial of recognition of the award based on international public policy, since a party is deprived of a basic principle recognized and protected at the national and international level.

However, the determination of when an event that has occurred truly constitutes the application of the exception is not a trivial matter, but a series of assumptions must be given to consider that a part of its right of defense has been deprived.