Las medidas cautelares anticipatorias e innominadas en el proceso arbitral en Colombia

Abstract

With the adoption of the national status of domestic and international arbitration, Colombia took a big step in arbitration, the contributions of the law 1563 of 2012 are novel for arbitration, especially regarding precautionary measures of different types, i.e., nominated and nameless. However, it is necessary to refer to the application, recital and practice of these measures can be taken in two periods: before and after being notified by the defendant in an arbitration process. However, the 1563 Act of 2012 presents a gap in the adoption of precautionary measures called early, so the Hotbed of Litigation in this paper makes a proposal based on international arbitration, to be regulated in Colombia this figure and so ensure that the arbitration process will safeguard effectively the rights recognized by substantive law, as envisaged in the General Code of Procedure and the Constitution of Colombia. This research figures such as the arbiters of urgency, the pre-arbitration and judicial support the theory of the referees as an open catalog of possibilities will be presented in front of experts in the field to take the best option refers to domestic arbitration is appropriate to the implementation of precautionary measures and anticipatory unnamed in the arbitration process in Colombia.