Labor arbitration: its jurisprudential irresolution and the role of precedent in Uruguayan law
The purpose of this paper is, first, to survey the current position of the four chambers of the Court of Appeals for Labor Matters and the Supreme Court of Justice with regards to labor arbitration. We believe that an analysis of that nature is useful in itself, given that to date it has never been...
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| Formato: | article |
| Idioma: | Lingua castelá |
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2025
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| Acceso en liña: | http://revistas.um.edu.uy/index.php/revistaderecho/article/view/1672 https://hdl.handle.net/20.500.12806/2814 |
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| Summary: | The purpose of this paper is, first, to survey the current position of the four chambers of the Court of Appeals for Labor Matters and the Supreme Court of Justice with regards to labor arbitration. We believe that an analysis of that nature is useful in itself, given that to date it has never been carried out. Secondly, and largely due to the conclusions of the first chapter -in some cases a total disregard at the appellate level of the Supreme Court’s case law- an analysis of the concept of precedent is carried out, encompassing two civil law jurisdictions - rgentina and the State of Louisiana- and our own country, which shows that compliance with the rulings of the Supreme Court is also an imperative in civil law countries,unlike what occurs in Uruguay. From that we conclude that (i) the failure to solve this issue creates a highlyinconvenient legal uncertainty and inequality, and that (ii) a strengthening of the Supreme Court’s role, reshaping the scope of the cassation appeal, resembling it to the American or Argentine certiorari, could address this problem and yield positive consequences for the legal system as a whole. |
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