Interpretación constitucional del alcance de la cláusula compromisoriaAuto Audiencia Provincial de Alicante, 5ª, 6 de febrero de 2024

Abstract

In this order, the Provincial Court of Alicante resolves the appeal lodged against a judgment handed down at first instance which upheld the declinatory action for lack of jurisdiction of the court to hear a matter submitted to arbitration. In a brief, but categorical and conclusive manner, the provincial court confirms the full compatibility of submission to arbitration with the fundamental right to judicial protection, and interprets the effective will of the parties as expressed in a rural lease contract, taking into account not only the literal wording of the arbitration submission clause, but also the intention of the parties as expressed in the contract and in their subsequent acts. In short, a judicial resolution perfectly aligned with constitutional doctrine and existing case law, which has progressively built a framework of peaceful relationship and coexistence between jurisdiction and arbitration.