Search

This article aims to study objective arbitrability in domestic arbitration in Colombia. This article proposes a catalog or list of matters that are not arbitrable originating in the law itself, in the various decisions that the courts and doctrine have uttered. In addition, this text comments on particular areas or topics that, although arbitrable, have proved currently controversial for the arbitrators' knowledge. After identifying and studying the issues that are not arbitrable in Colombia and then refer to certain specific issues that may be submitted to arbitration (that are worth mentioning), it is concluded that, as a result of the freedom of the law, a list of non-arbitrable matters in Colombia has been built. This list at no time is intended to be limiting or much less taxative, but that reflect the evolution that the legislator and the courts have had in its continuous construction. For the elaboration of this list, the dogmatic method of legal investigation has been used, which takes into account the legal provisions, doctrine and jurisprudence of the High Courts in Colombia. [ABSTRACT FROM AUTHOR]

The present paper is a bibliographical overview which constitutes the author's first document presented for his PhD in Law from the Universidad Javeriana. It presents the latest studies on formalisation and judicialisation of arbitration in some legal systems in Latin America. For this purpose, it will deal with matters such as the definition of the legal nature of arbitration, monism and dualism in legislative structures, the constitutionalisation of the figure and phenomenon of judicial intervention. [ABSTRACT FROM AUTHOR]