Procedencia de la acción de tutela contra los laudos arbitrales: simultaneidad entre la acción de tutela y el recurso de anulación

Abstract

Arbitration is an alternative dispute resolution mechanism based on the will of the parties to go to it in order to avoid starting a process or resorting to a judicial authority for the settlement of disputes, since the court will be formed and will It will be governed by the rules that the parties have agreed upon. Because it resembles a judicial sentence, the judgment issued by the court comes from extraordinary appeals that did not enter to analyze the substance of the decision but rather the procedure. However, through jurisprudence and doctrine, a gap is opened for the filing of the tutela action in cases in which the arbitration award affects fundamental rights following guidelines that the constitutional court has established and respecting due process. Appeals against the arbitration award may not be the most suitable means to protect the rights that may be affected in some of the parties, therefore, the constitutional judge is made to carry out a specific analysis to give rise to the protection even when at the moment, an annulment appeal is being processed.