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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]

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the Law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia. [ABSTRACT FROM AUTHOR]

This paper analyzes the individual and collective mediations as alternative dispute resolution schemes (ADRs) developed by SERNAC (Servicio Nacional del Consumidor). In order to reach this objective, this work examines and comments on the consumer protection law, before and after its last modification, with a contrast' technique. The study of the normative and its changes leads us to the general conclusion about the individual and collective mediation are, strictly speaking, negotiations. These negotiations represent a legislative effort directed to introduce rules for these types of Alternative Dispute Resolution (ADR). [ABSTRACT FROM AUTHOR]

Paradoxically, the different institutional and arbitration rules available to the parties in dispute have traditionally been scarce regarding procedural transparency, leaving these issues mainly to the discretion of the parties, or, in the absence of agreement, to the arbitral tribunal. Procedural problems in international arbitration are increasingly frequent, of greater complexity and utmost concern. These are issues that, together with the public interest, are an object of interest in this article. [ABSTRACT FROM AUTHOR]

This article aims to examine whether the arbitration executive process is viable in Colombia as well as to study the main questions about this possibility, through a deductive method and critical analysis. This includes exploring its real usefulness, the requirements of the executive arbitration agreement and the main guidelines in case of an eventual regulation on the subject. The main conclusion is that there are no regulatory nor legal impediments of the national arbitration in Colombia that goes against the viability of an arbitral executive process. Nevertheless, there must exist a regulation in this respect in advance. [ABSTRACT FROM AUTHOR]