La arbitrabilidad en el nuevo estatuto de arbitraje internacional

Abstract

In the international commercial legal environment, there are several elements that are involved in its operations, including arbitration and arbitratability, which is understood as the criteria used to determine whether specific subjects are eligible for arbitration.

However, arbitrability cannot be applied in a universal and exact manner in the legal environment. Proof of this can be found in the Nuevo Estatuto de Arbitraje Internacional en Colombia (New Statute of International Arbitration in Colombia), due to the fact that this law does not clearly establish arbitrability. As a result, there is a pro arbitration tendency in Colombian law. In a similar manner, the international environment does not clearly delineate these criteria, which basically leads to total autonomy.

There will be situations that demand a clear delineation of arbitrability, and this leads to issues such as the configuration of the required competence of the arbitrator in the corresponding field, which is determined by the legislator; and public policy issues in international law, which are subject to the recognition of awards, and refusing recognition of awards.