Factibilidad en el planteamiento de acción de nulidad de los laudos arbitrales. Análisis interpretativo del pronunciamiento emitido por la Corte Constitucional de Justicia respecto al tema.

Abstract

The annulment action of the arbitral award is a resource that can be appealed, it is the study of this complex exam with respect to the different resolutions of the constitutional court, which will deepen the difference between the non-appealability of the arbitral awards and the nullity thereof. The national court of justice issued a resolution on the resolution of the nullity action. The admission of the nullity action is the result of the president of the court, which contrasts with the Arbitration and Mediation Law that said that the admission belongs to the court. But to the consideration of the Constitutional Court there is the right to a double instance,s a judicial guarantee must be fulfilled according to the constitutional mandate, but it is recognized that this right cannot be applied to all circumstances, since it is up to the legislator to establish which processes merit second instance and which are not, precisely those that due to their legal nature require summary processing, provided that this does not mean a sacrifice of guarantees and constitutional rights, to the detriment of the parties in a proceeding, and I consider that effective judicial protection is affected When the parties have the procedural possibility of accessing organs and bodies organically superior to formulate claims according to the nature of each resource, such access is prevented in an unjustifiable manner.