Naturaleza del Arbitraje. Un estudio colomboitaliano

The article presents arguments on the nature of arbitration, in a comparison between two legal systems of Roman-German tradition, as a point of discussion in the development of the doctoral thesis, which seeks to reaffirm the legal nature of arbitration in the face of a fundamentalist constitutionalization. The micro-comparison of the two systems shows two opposite paths taken by each of the systems, although the use of the same legal institutes produces different effects, on the one hand the autonomy of the will is not known and on the other it is reaffirmed and extended, respecting fundamental rights.