El pacto arbitral- - validez del pacto arbitral en los contratos afectados de nulidad - aplicación del arbitraje en casos de responsabilidad extracontractual

Abstract

The arbitration is a method of dispute resolution, whose purpose is to allow to settle disputes in a different way from court litigation, namely through the establishment of an arbitral tribunal that unlike the judicial process only takes care of a single conflict, committing full-time to the appropriate process, invested with the character of specialization, since the arbitrators are experts in the subject and the exercise is deemed to be the same to that of a judge. Therefore, the award carries the same consequences as a court sentence. The procedure, types of arbitration, its private nature, speed, are a particular study, whether taken by its legal status, contractual or proprietary, the publicist thesis, procedural or jurisdictional argument and mixed or eclectic, yet of one or another, the primacy of the will of the parties, linked to the absence of compulsory arbitration in Colombia, toward the completion of the arbitration agreement and constitution arbitration court instead of directly to the path of the ordinary courts