Arbitration as an alternative mechanism for effective conflict resolution within the framework of the state contract in the light of the colombian legal system.

Abstract

The theoretical study of arbitration in Colombian state contracting was addressed in terms of its effectiveness, taking into account the normative and jurisprudential framework in force in the country. The binding force of the arbitral award and its coercibility were issues that were also developed within this document. This characteristic is required, since it allows the Alternative Dispute Resolution Mechanism to be suitable for solving the problems generated in the execution, or liquidation of a contract with public entities. It is proven that the implementation of the arbitration within the state contract, is a beneficial measure that contributes to the process of state procurement and not only to the judicial branch but also to the administration.