Subjective Arbitrability in Colombian Trust Contracts

Abstract

The aim of this article is to analyze in a practical way, about the issues that arrives around the arbitration clauses related with trust contracts. Particularly, problems related with non-signatories are studied. The article is made based on a case study methodology, as well as on a national and international doctrine review. The following structure was used: first, two tendencies related to the scope of action of subjective arbitrability have been identified, these were called rigid and flexible. Then, different practical hypothesis related with trust contracts have been studied, in order to explain the difficulties that might arise, particularly for the rights of third parties.