Acción de nulidad y acción extraordinaria de protección relacionado a los laudos arbitrales

Abstract

This paper analyzes two controverted figures in the Arbitral doctrine; The Action of Nullity of an Arbitral Award and the Extraordinary Action of Protection, against an Arbitral Award whose purpose is to leave without effect the Award; being the Arbitral Award a resolution with the effect of a sentence that is subject to a control by the ordinaryjustice. An in-depth study was made regarding the Actions; in order to acknowledge their particularities. The comparative legislation of Spain, Colombia, Chile and the UNCITRAL model law was also analyzed to understand how the other States solve this weighing of rights. Court decisions No. 0031-14-EP and Case No. 323-13-EP were investigated in depth, which were contrasted with 11 sentences. This study determined the coexistence betweenthese two actions, as well as the respect for the branch of Arbitration. In addition, the legal insecurity in the branch of Arbitration due to the existence of theseactions is analyzed. It seeks to establish a balance between the protection by the ordinaryjustice system of due process of law and the autonomy of the will and thus be able to resolve disputes in arbitration. The results within the present research have allowed to determinate when the State, through these actions, opted for a position of greater control over arbitration; Likewise, itis observed on which occasions the State opted for a position of respect for the right of the autonomy of the will.