From National to International: The Evolutionof Constitutional Jurisprudence on Amparo Actionsagainst Arbitral Awards in Colombia

Abstract

This article proposes a review of the Colombian Constitutional Court jurisprudence regarding theadmissibility of the “tutela action” against arbitral awards. Firstly, it reviews the jurisprudence thatdeveloped the doctrine of the “vía de hecho” and the tutela against judicial sentences. Secondly,it analyzes the extension of the doctrine of tutela against sentences to domestic awards. Finally, itexamines the SU-500/15 and T-354/19 judgments that set a precedent in the Colombian constitutionaljurisprudence by allowing the admissibility of the tutela action against international awards seated in Colombia, which generates the need to establish different rules when it comes to national and international awards and the implications in terms of subsidiarity in relation to the action to set aside arbitral awards.