Eficacia de los laudos arbitrales emitidos por los tribunales de arbitramento instalados por la cámara de comercio de Medellín, como mecanismo alternativo de solución de conflictos durante el período 2006 a 2008

Abstract

The following job can be divided in two parts, a theoretical framework in chapter one and an expose and analysis of four resources of annulment that can be used against arbitration award issued by Arbitration Tribunals situated in Medellin’s Chamber of Commerce during 2006 and 2008. In the first chapter there is a brief explanation of the justification of the alternative mechanisms used for solving conflicts underlining each of its essential characteristics. The reader shall find a description of arbitrations as a judicial institution with a detailed expose of its fundamental characteristics, classes, the actual legal proceedings and the resources that can be used against the arbitration award. The second chapter is labeled “Results of the Re-gathering of Data” where there is a brief synopsis of the previous records of the arbitration award that were part of the Recourse of Annulment and that find themselves entrenched in the protocol of Medellin’s fourth and seventh Notaries during 2006 and 2008, details that were compiled directly from the protocol books of these two registrars, explaining who were the parties the arbitration award, the relationship of the possibility of the rulings that enable the possibility of annulment versus the ruling that resolves the recourse, specifically showing the ruling used in the annulment. With the information of the cited chapter as a central theme of the work, those interested will be able to have a broader vision of the efficiency of the arbitration award and the most frequent causes why the recourse of annulment is taken, thus creating interest in the reader as he understands that , in good measure, Arbitration contributes to ease the over-load of the ordinary measures of justice, keeping open the possibility of channeling a larger number of conflicts to be resolved by this alternative mechanism, and why not promoting its use due greatly to the lack of information and trust over the legality of the decisions made by other parties that are temporarily vested in administering justice and that don’t have the title of Judge of the Republic.