Corporate disputes arbitration

among draft reforms, solutions and new uncertainties

Abstract

With a draft bill of the Uruguayan Business Companies Act, which is likely to become positive law, many of the demands and needs of the different operators that are part of the business world see a light at the end of the road, putting Uruguay on the map of countries that have advanced corporate legislation.
Thus, the principle of party autonomy takes on a preponderant role and is presented as a solution to multiple debates that have unsettled national scholars regarding the admissibility of different legal aspects.
In this opportunity, we analyze the admissibility of corporate disputes arbitration, expressly provided for in article 18 of the draft reform bill. To this end, we propose to the reader a brief review of its main characteristics, the debate regarding its admissibility under Law No. 16,060 in the absence of an express provision, the implications of its inclusion in Law No. 19,820 for Simplified Joint Stock Companies (SAS)
and a look at the main theoretical and practical repercussions that its enactment may entail for the rest of the corporate types provided for in Uruguayan law.