Aplicación y arbitrabilidad del crowdfunding inmobiliario en Colombia

Abstract

The dynamic relationship of the financial services from the digital transformation lead to the successful leading role fintech and the segments of its disruptive umbrella effect are separated. Thus, the statuto quo interruption echoes in the jurisdictional order. The Controversy resolution mechanisms (MASC) present an alternative that allows an alternate way for state justice. The common law pioneered the irruption of the ADR (Alternative dispute resolution), which later became the natural forum for specialized disputes inside the private context. The issuance of the 1357 decree from 2018 presents itself as the starting point for the regulation of the crowdfunding scheme. Its aim, from content, is to give way for emerging companies and the Mipymes to steadily grow and to establish as a competitor with institutional support. The crowdfunding expansion occurs thanks to its versatility. The platforms attract and relate subjects who are not acquainted with the financial context with profitable commercial segments. Real estate has been renewed by the application of said figure. Which supposes the end of mediators and a democratic access to financial capital. Crowdfunding’s impulse raises doubts about eventual controversies. However, arbitration space preferable alternative for any court to solve conflicts derived from collaborative funding.