La viabilidad de los procesos ejecutivos en desarrollo del arbitraje como método alternativo de solución de conflictos

Abstract

The purpose of this essay was to analyze the viability of the executive processes in the development of arbitration as an alternative dispute resolution in Colombia. Taking this into account, it is agreed to show the conceptualization, characterization and foundations of arbitration in Colombia; likewise, to show the conceptualization of the executive process and its characteristics in this country and, not least, to carry out a propositional analysis of the viability of the executive process through arbitration as a mechanism of judicial decongestion. For its part, the methodology it applied is of a qualitative nature since it is intended to interpret the phenomenon of arbitration focused on executive processes, in the same way an interpretative method was applied to the propositional documentary analysis regarding the viability of arbitration in executive processes which turns out to be deductive because it starts from the general to the particular. With this essay it was concluded that in Colombia the implementation of executive processes through arbitration is viable as an alternative method of conflict resolution that necessarily constitutes a legislative proposal the problem of judicial congestion in Colombia or that through the arbitration agreement the parties determine the proper forms for your judgment.