Medidas cautelares en los procesos arbitrales: ¿Taxatividad o enunciación de las cautelas?

Abstract

Alternative methods, so-called, continue to take on greater strength in dispute resolution. They have taken on a preponderant role in the area of arbitration.For this reason, the possibility that cautions measures could be decreed by arbitrators is a matter of particular interest. This article concerns itself with presenting the fundamentals of such cautions; what is the legal regime; what treatment must follow if international and national arbitrations. Finally, it looks at the conclusions that may be drawn in this matter, seeking to test the central thesis of the author, namely that they conform to the Colombian juridical order. These means are merely stated'', and not required.