ANALYSIS OF THE TUTELA ACTION AGAINST ARBITRATION AWARDS

This investigative analysis on the applicability of the tutela action against arbitral awards in commercial matters in Colombia, since 1991, studies how a tool for the protection of fundamental rights called tutela action, can interfere in the development of an alternative dispute resolution mechanism known as arbitration, which can be applied in private law disputes regarding commercial issues, It develops in a general way the conceptualization, evolution, historical framework and legal framework that exists on commercial arbitration from its beginnings to the present, to finally culminate in a personal study of the tutela action as a protective mechanism of fundamental rights against the decisions emanating from an arbitration tribunal. The purpose of this investigation is to establish to what extent it is beneficial that a tutela action can change the course of a decision already established in an arbitration award, due to the characteristics of commercial arbitration. This investigative analysis on the applicability of the tutela action against arbitral awards in commercial matters in Colombia, since 1991, studies how a tool for the protection of fundamental rights called tutela action, can interfere in the development of an alternative dispute resolution mechanism known as arbitration, which can be applied in private law disputes regarding commercial issues, It develops in a general way the conceptualization, evolution, historical framework and legal framework that exists on commercial arbitration from its beginnings to the present, to finally culminate in a personal study of the tutela action as a protective mechanism of fundamental rights against the decisions emanating from an arbitration tribunal.

The purpose of this investigation is to establish to what extent it is beneficial that a tutela action can change the course of a decision already established in an arbitration award, due to the characteristics of commercial arbitration.

Autorentext

Sandra Milena López Niño Advogado e pesquisador judicial, formado pela Universidad Pedagógica de Colombia. Hernan Felipe Aguilar Blanco Advogado de Boyaca, pesquisador da Universidad Pedagógica y Tecnológica de Colombia, especialista em direito administrativo da Universidad Santo Tomás.