El Ejecutivo carece de facultad constitucional para regular el arbitramento y para señalar tarifas al arbitramento independiente

Abstract

In 2007, the Colombian government regulated, through the Ministry of the Interior, the procedure and fees fo r institutional arbitration through decrees 3626 and 4089 of September and October of that year. These regulations should not extend to independent arbitration, since the exclusive source for that type of arbitration is the will of the parties to a contrac t. This article will refer briefly to three aspects that should be clarified in order to avoid misunderstandings. First, whether the president has a right to regulate arbitration. Secondly, whether Congress can delegate to the executive the power to legisl ate on arbitration through extraordinary powers. Finally, the application of these decrees, as they are presumed legal, to voluntary and independent arbitration