El arbitraje contencioso administrativo en contratos basados en actos administrativos

Abstract

The arbitration is an alternative for the solution of judicial conflicts, in Colombia. This figure is applicable to cases in which the parties prefer an extrajudicial route but which provides full guarantees of compliance with what was agreed by each of the parties involved, particularly in the case under discussion, when one of those parties is the State. The arbitrator assumes a responsibility to act in law but subject to the agreements that are established with the parties, which are obliged to accept the final result of the process. This imposes the need to set limits to the power of the arbitrator, particularly in the case of the State, that is, when the process falls within the scope of Contentious Administrative.