The constitutional review of international commercial arbitral awards in Latin America and the challenges for legal certainty. Insights from Colombian jurisdiction
Abstract
The constitutional review of international commercial arbitral awards is a menaceto legal certainty, since this review entails different decisions and long delays for arbitral awards to be enforced. This situation is well known in Latin American jurisdictions and in particular Colombia, where domestic High Courts protect fundamental rights in arbitral proceedings. Changing the strong positivist conception of legal certainty and introducing legal pluralism within international arbitration seem to be a good path. It is stark reality the proliferation of non-state actors in the law-making of international business. However, such proposal will depend on positivist theory and public policy, since domestic courts are still in exclusive charge of enforcing the awards.
