Elementos constitucionales del llamamiento en garantía en el proceso de arbitraje colombiano

Abstract

The appeal in guarantee is a legal figure through which it is possible to involve another subject in a judicial process, which due to its characteristics may have the obligation to serve a sentence. In this order of ideas, the legislator has established through the general process code that said intervener be identified as part according to article 64, thus clarifying all the doubts that existed before the entry into force of law 1564 of 2012, today the general code. of process. The study problem arises when we transfer the legal figure of the appeal in guarantee to the arbitration context, since there are confusions regarding the consent and authorization that the guarantee call has, this situation has led to some direct violations of the constitutional elements of the rule. superior that will be addressed in the development of this essay