The O Caso Astivenca. Medidas Provisórias do Judiciário em Auxílio à Arbitragem Marítima

Venezuela. Tribunal Supremo de Justicia. Sentencia nº 687. Reporting Judge: Luisa Estella Morales Lamuño. 30.11.2010

Resumo

Article 258 of the Venezuelan Constitution provides Arbitration as a constitutional
dispute resolution method. The decision under examination recognizes arbitration in the same
rank as a process before the Judiciary. The ASTIVENCA decision highlights the cooperation between the
Judiciary and Arbitration, more than a one below the other. The cooperation is seen when the Judiciary
helps the arbitrators to enforce sentences and interim measures. However, what happens when the
arbitrators have not yet been appointed? How can the judiciary help when emergency arbitrators are not
an option? In Venezuela, the ASTIVENCA case dealt with that matter, providing requirements, deadlines
and conditions to be respected by the requesting party. We will hereby present some of the main items
in interim measures, the regulations of these Institutions in Venezuela and our personal analysis of the
Astivenca case and its impact in Judiciary relief measures in aid or Maritime Arbitration.