El principio de la autonomía de la voluntad contractual vs el control jurisdiccional constitucional en los laudos arbitrales (The Principle of the Autonomy of the Contractual Will vs. the Constitutional Jurisdictional Control in the Arbitral Awards)

With the passage of time in civil, commercial and international law, the true value of arbitration awards and the recognition of arbitral law as private justice has been questioned, thanks to the origin of the action of protection against decisions, then unique to the referees. Reason why the interest of writing this article has as its purpose to question, the action of guardianship as a limit to the autonomy of the private will of the parties when choosing the arbitration to settle their disputes is addressed.Despite the state recognition of Arbitration, as an alternative mechanism for the resolution of conflicts, as provided for in the Political Constitution of Colombia, the legislative development and international treaties on the matter in particular, on occasion of the constitutional judicial control generated by the discharges Courts, specifically by the Constitutional Court of Colombia through the tutela action, it is noteworthy that, in recent years, this control has become the focus of arbitral law.Since, with the provenance of this action, the validity, efficiency, speed, confidentiality, economy and suitability of the arbitration awards have been questioned, since apparently, the Constitutional Court has been ruling on material aspects and not procedural is their decisions, which affect the enfor-cement of the arbitral award and in turn generate legal uncertainty for those who come to him.