La responsabilidad del Estado por error judicial en laudos arbitrales

Abstract

This analysis intends to review the responsibility that may assist the State for the error of the arbitrators in the arbitral award. That is, if it is an imputation attributable in light of Law 270 of 1996 or if, on the contrary, it is limited to a direct extra-contractual or contractual liability of the arbitrators. This questioning is being developed by jurisprudence and doctrine, given the interest that arises from establishing the arbitrator as an agent comparable or not to a judge and, based on this, determine his charges and responsibilities. In particular, if from the interpretation of the authorization to individuals to temporarily exercise the function of imparting justice established in article 116 of the Political Constitution, a factual and normative attribution of responsibility to the State is followed. Therefore, there is no consensus on the responsibility that may attend for the factual or legal error incurred by an arbitrator in the arbitral award and to whom it is attributable.