AFECTACIÓN A LA VOLUNTAD DE LAS PARTES POR CLÁUSULAS ARBITRALES OBLIGATORIAS EN LOS DOCUMENTOS CONSTITUTIVOS DE SOCIEDADES COMERCIALES EN LA LEGISLACIÓN BOLIVIANA

Abstract

This article analyze the impact of the arbitration clauses in the constituent documents of commercial companies in Bolivia. It focuses on law No 708 about conciliation and arbitration, which establishes that the clauses must be clear and precise, and their validity depends on the informed consent of all parts involved. Despite this regulation this clauses are imposed without an adequate negotiation process, which can limit the autonomy of the partners and generate conflicts over equality in contractual relationships. The Bolivian jurisprudence has emphasized the need for a clearer consent, but still faces many challenges about the interpretation of concepts such a tacit consent and the extension of clauses to no-signatory parts. Comparatively, it is observed that other Latin American countries such Peru or Colombia have adopted more flexible approaches, that could benefit Bolivia, finally it is essential to implement reforms that ensure a balance between the efficiency of arbitration and the protection of the rights of the parts, and promoting a regulatory framework that respects the will of the partners.