The Master Degree student, Juan Sebastián Arango, presents its Final Project Master Degree in which analyses in depth the concepts of the State contract that are currently accepted in Colombia. Also, he presents the diversities on arbitration as an alternative mechanism of the dispute settlement.
13 september 2017
Title: The vicissitudes on the determination of the competence in arbitration courts of the disputes arising from the State contract in Colombia
Author: Juan Sebastián Arango Pastor
There are regulatory gaps that have been replaced by controversial jurisprudence pronouncements and different positions when determining the extent of the competence of an arbitration tribunal that is aware of a contractual dispute in which the State is a party.
We conclude that in view of the current importance of the issue and the need to have instruments of contractual justice adjusted and appropriate to the growing demand for goods and services by the State, a proper regulatory development is warranted (which can be part of the Current Arbitration Statute) that allows to maximize the arbitration in the contracts that are celebrated in order to meet a public need.
It deserves a regulatory development of its own that allows maximizing the arbitration in the contracts that are celebrated in order to meet a public need
In achieving this goal, a significant contribution will be represented to the legal certainly of the contractual and lawful order. Moreover, it will contribute to guarantee the access to the administration of justice in terms of quality and opportunity to other mechanism can’t offer in the current situation.
In this aspect, we consider it necessary to have a generalized conceptual definition of a legal order against elementary and particular aspects of this type of contract. The definition of objective and clear criteria that limit interpretation and that allow for the identification of the particular arbitration subject matter in disputes arising from contracts concluded to attend to public needs is also shown, in accordance with the general rule of arbitrability derived from the availability of the right.
This are proposed with the purpose of ending the mass use of the alternative mechanism of the dispute settlement on arbitration or at least, recognising the level of validity and acceptance with which the ordinary jurisdiction has.
