Examinando por Materia "Arbitraje nacional"

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    Ítem
    Arbitraje tributario en Colombia. Un análisis de derecho comparado con modelos en otros países
    (Universidad EAFIT, 2024) Sánchez Varón, Natalia; Flórez Rodríguez, Valeria; Villegas de Bedout, Beatriz Elena
    This work focuses on the study of tax arbitration in Colombia, with a comparative law approach that examines models implemented in other countries. Through a detailed analysis, it aims not only to evaluate the feasibility of this mechanism in the Colombian context but also to identify the conditions under which it could be effectively implemented, considering both the particularities of the Colombian legal system and international experiences. This comparative approach allows for the extraction of valuable lessons and the adaptation of best practices to local needs and realities, with the goal of proposing a regulatory framework that ensures fairness, transparency, and efficiency in the resolution of tax disputes. The thesis is structured around several key areas: first, the possible social and economic consequences of implementing tax arbitration will be analyzed, examining how it could affect taxpayers' perception of justice and fairness, as well as its impact on tax collection and the incentive for voluntary compliance with tax obligations. Then, the requirements of applicability that should govern the use of arbitration in tax conflicts will be studied, ensuring that the process is transparent, impartial, and aligned with Colombian constitutional principles. Subsequently, a comparative analysis of international experiences in countries that have adopted tax arbitration will be conducted, identifying both successes and challenges faced in those contexts. This analysis will allow for the proposal of adaptations to the Colombian regulatory framework, taking into account the idiosyncrasies and particularities of our legal system, to ensure effective and fair implementation. Finally, the research aims to contribute to the academic and legislative debate on the relevance of tax arbitration in Colombia. It is expected that this study will not only contribute to the understanding of this mechanism at the national level but also inspire reforms that strengthen tax justice in the country, promoting a more agile, equitable, and reliable system for all parties involved.
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    Publicación
    El arbitraje como un mecanismo alternativo de solución de conflictos en evolución : análisis comparativo entre el Estatuto Arbitral, su propuesta de modificación y los modelos de las jurisdicciones extranjeras en resolución de conflictos en materia arbitral
    (Universidad EAFIT, 2025) Calle Zapata, Manuela; Cataño Villa, Simón; Puyo Velásquez, Daniel Mateo
    In response to the growing relevance of arbitration as an alternative dispute resolution mechanism in both national and global legal contexts, this research aims to analyze the regulation of arbitration in Colombia, specifically under the Arbitration Statute (Law 1563 of 2012) and Bill 009 of 2021, and compare it with the current regulations on national and international arbitration in the world's leading jurisdictions in this field and the regulations of the main arbitration centres. Through a comparative study, the objective is to determine whether the mechanisms currently provided in our legal system and the proposed legislative reforms in Colombia are adequate to address the increasing social and economic interest in arbitration and whether they offer the same guarantees of accessibility, efficiency, speed, reliability, and specialization as the most advanced arbitration systems worldwide.