Factibilidad en el planteamiento de recursos, ordinarios y extraordinarios a propósito de las decisiones emitidas en sede arbitral. Análisis interpretativo de los distintos pronunciamientos emitidos por la Corte Nacional de Justicia y la Corte Constitucional respecto al tema.

Abstract

In this last decade there are several questions that have been raised due to challenge of resolutions issued in arbitration, questions that with regard to the several decisions of the Constitutional Court have only generated an atmosphere of uncertainty within our legal system, thereby generating legal uncertainty. In order to seek a general solution to this problem, the National Court of Justice has issued a resolution with a view to establishing clear rules regarding the challenge of arbitral awards, thereby achieving a definitive clarification regarding the scope of the challenge, through ordinary resources, of this typeof resolutions. The purpose of this paper is to offer an interpretative analysis of the pronouncements of the Constitutional Court about this problem, as well as resolution 08-2017 issued recently by the highest organ of the ordinary jurisdiction.