La responsabilidad de los árbitros en Colombia

Abstract

The arbitration statute indicates the disciplinary control of the arbitrators, which will be governed by the disciplinary norms of the judicial servants, thus collecting the jurisprudence that in this matter assimilates the disciplinary regime, thereby consolidating the general guideline to apply to the arbitrators the same grounds and standards that the laws establish for ordinary judges, on the basis that their function and performance is equal to that of the latter, as long as they fulfill the task of dispensing justice.

Arbitrators are similar to judges in the sense that they carry out a jurisdictional task that needs to be carried out with impartiality and independence, away from unnecessary pressure. However, the arbitrators are not judges, they lack state investiture. They are individuals, who have a transitory function that arises from a concordant will of the parties that subtract their controversies on matters of free disposition of the ordinary jurisdiction so that they are decided by independent and impartial persons.

The Constitutional Court pointed out that the arbitrator who exercises administrative functions does not imply that he acquires the category of public servant, although it does entail an increase in commitments to society and the State. On the matter, it concluded that the individuals to whom public responsibilities have been assigned carry the consequences that this entails in criminal, disciplinary, fiscal or civil matters.

On the other hand, the Arbitration and Conciliation Centers could be declared responsible, either by action or by omission, insofar as they have the legal duty to adopt all the measures and controls so that their lists are made up of suitable persons.