La incongruencia extra petita en relación con el principio de iura novit curia ha de aplicarse con mayor razón en el caso de los laudos arbitrales en consideración al principio de flexibilidad que inspira el procedimiento arbitral (STSJ Madrid CP 1ª 6 septiembre 2022)

La Sentencia del Tribunal Superior de Justicia de Madrid, Sala de lo Civil y Penal, Sección Primera, de 6 de septiembre de 2022, recurso nº 9/2022 (ponente: David Suárez Leoz) desestima una acción de anulación contra el Laudo dictado por la Árbitro designada por la Corte de Arbitraje de la Cámara Oficial de Comercio, Industria y Servicios de Madrid, de 1 de noviembre de 2021, así como contra el “Laudo resolutivo de la solicitud de Corrección/ Aclaración/ Rectificación/ Complemento” de 13 de diciembre de 2021, imponiendo las costas causadas en este procedimiento a la parte demandante.

Destaca de esta decisión la siguiente consideración:

“La incongruencia extra petita (fuera de lo pedido), en relación con el principio de iura novit curia, se produce en la medida en que la facultad que tiene el tribunal para encontrar o informar el derecho aplicable a la solución del caso comporta la alteración de los hechos fundamentales, causa de pedir, en que las partes basen sus pretensiones ( SSTS de 6 de octubre de 1988 y 1 de octubre de 2010 ) […]. Esta doctrina jurisprudencial ha de aplicarse con mayor razón en el caso de los laudos arbitrales en consideración al principio de flexibilidad que inspira el procedimiento arbitral, y a la limitación de la intervención del tribunal que conoce de la anulación del laudo, ya que la demanda de anulación no constituye una instancia de apelación a través de la cual puedan subsanarse errores u omisiones en laudo arbitral, a los efectos de completarlo o valorar la corrección o no de lo resuelto”

541 comentarios en «La incongruencia extra petita en relación con el principio de iura novit curia ha de aplicarse con mayor razón en el caso de los laudos arbitrales en consideración al principio de flexibilidad que inspira el procedimiento arbitral (STSJ Madrid CP 1ª 6 septiembre 2022)»

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  156. Today, while I was at work, my sister stole my apple ipad and tested to see if it can survive a twenty five foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is completely off topic but I had to share it with someone!

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