Análisis de la retrospectividad y la retroactividad de la ley arbitral (ley 1563 de 2012), frente a las cláusulas compromisorias pactadas ante de su entrada en vigencia

Abstract

In sum, in contractual relationships, both in civil and commercial contracts, the parties usually agree on binding clauses,this in order to be able to resolve their disputes, if they are presented, by court, and not by ordinary judicial means,since the former is much faster and more technical, because those who resolve conflicts are specialists in such issues. After the entry into force of our current Arbitration Law, and by repealing rules contained in the previous legislation,which in turn had repealed Trade Code rules, and expressed nothing about those specific rules of the Commercial Code,there was a great uproar because some doctrinators stated that these normans were returning to legal life,while another sector argued that it would not be possible. That's why the high cuts and also,the superintendency of societies should have given the guidance of what should be understood in the face of this situation,and it is precisely to determine whether the commitment clauses agreed before the entry into force of the Arbitral Law (Act 1563 of 2012)it was applicable to those agreed clauses prior to their entry into force.