Examinando por Materia "Error juridiccional"

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    La responsabilidad del Estado por errores arbitrales : análisis jurisprudencial y legal en el ordenamiento jurídico colombiano y perspectivas de los árbitros
    (Universidad EAFIT, 2026-04-09) Múnera Peláez, Luisa; Arbeláez Escobar, Juan José; Gómez Velásquez, Alejandro
    However, Law 270 raises doubts as to whether errors of this nature, when contained in an arbitral award rather than a court judgment, can give rise to a direct action for damages in which the State is the defendant. For a time, the Council of State maintained that a systematic reading of Law 270 led to the conclusion that the State is liable in these cases, given that Article 74 stipulates that these rules also apply to those who “temporarily exercise or participate in the exercise of the jurisdictional function.” However, this interpretation tends to disregard the voluntary nature of arbitration and can transform the State into a guarantor of an activity it is not called upon to oversee but merely authorizes. In this context, the Council of State, in its October 2025 ruling, departed from this precedent and concluded that it is not viable to sue the State in these cases; rather, the claim must be directed against the arbitrator who issued the erroneous award.