Colombia

Amparo, Colombia, Constitutional Court, International arbitration, International Public Policy, Tutela

(Talero Rueda & Asociados)/ /Leave a comment

In its recent decision T-354/2019, the Colombian Constitutional Court, through one of its chambers, declared that arbitration awards, issued in international arbitrations seated in Colombia, may be subject to constitutional challenges by means of the so-called acción de tutela.1)The acción de tutela is similar to the so-called recurso de amparo, a constitutional injunction widely known…

Awards, Colombia, Constitutional Court, International arbitration, Tutela

, (Zuleta Abogados)/ /1 Comment

On August 6, 2019, the Fifth Revision Chamber of Colombia’s Constitutional Court (the “Court”) issued judgment T-354/19 resolving a constitutional injunction (tutela)1)The tutela is a constitutional injunction that aims to protect fundamental constitutional rights when they are violated or threatened by the action or omission of any public authority. This mechanism is incorporated in Article…

Colombia, Domestic Courts, Israel, Territory, Treaty

, (Zuleta Abogados)/ /Leave a comment

In June 2019, the Constitutional Court of Colombia (the “Court”) issued a communication summarizing its decision on the Free Trade Agreement between the Republic of Colombia and the State of Israel (the “FTA”) signed on September 30, 2013.  The Court adjudged that the FTA is compliant with the Colombian Constitution but warned that if the…

Colombia, Domestic Courts, France, Latin America

, (Zuleta Abogados)/ /Leave a comment

In June 2019, Colombia’s Constitutional Court (the “Court”) issued a communication informing its decision on the constitutionality of the BIT between Colombia and France (the “BIT”) signed on July 10, 2014. In an unprecedented decision, the Court adjudged that the BIT is compliant with the Colombian Constitution (the “Constitution”) but conditioned its ratification to the…

Arbitral seat, Colombia, Commercial Arbitration, ICC Arbitration, Latin America

(Suescún Abogados)/ /Leave a comment

During the last years, Colombia has been taking steps forward towards the consolidation of the country as an attractive forum for international arbitration.1)For a more detailed analysis, see: F. González Arrieta; “Arbitration in Colombia: Two Steps Forward and one Backwards” TDM 5 (2016), www.transnational-dispute-management.com; available at: www.transnational-dispute-management.com/article.asp?key=2382 Within this context, the Supreme Court of Justice…

Annulment, Colombia, Commercial Arbitration, Independence and Impartiality

(FERRERE Abogados)/ /Leave a comment

On July 12, 2017, the Colombian Supreme Court issued a decision on the enforcement of the arbitral award rendered in the ICC case (No. 16088/JFR/CA) Tampico Beverages Inc. v. Productos Naturales de la Sabana S.A. Alquería, seated in Santiago de Chile. The decision provides for an interesting differentiation of the standard of review to be…

Arbitration, Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Investment Arbitration, Investment protection, Latin America, Mexico, Peru

(Mayer Brown LLP)/ /Leave a comment

2015 has witnessed numerous interesting legal developments in the field of international arbitration in Latin America, although these have been wide-ranging in nature and have not always followed the same path. While some jurisdictions have taken legislative steps to introduce or consolidate pro-arbitration legislation in accordance with internationally accepted standards, others, perhaps influenced by negative…

Arbitration, Colombia, Latin America, Predictability, United States

(Bilzin Sumberg Baena Price & Axelrod LLP)/ /Leave a comment

Perhaps on a daily basis, in at least one city somewhere in the Western Hemisphere, an international-arbitration practitioner is asked to describe the benefits of arbitration over litigation in Latin America. The common refrain: “Predictability.” As conventional wisdom goes, this almost automatic response is borne out of the notion that litigating in many Latin American…

Colombia, Free Trade Agreements, ICSID Convention, Peru, UNCITRAL Rules on Transparency

(Lalive)/ /Leave a comment

and Felipe González Arrieta The UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration (hereinafter “the Rules”) came into force in April 1, 2014. The Rules were adopted at the forty-sixth session of the United Nations Commission on International Trade Law, held on July 2013, and are the result of a 3-year period effort by the…

Arbitration clause, Arbitration Proceedings, Colombia

(Talero Rueda & Asociados)/ /Leave a comment

On April 18, 2013, the Colombian Council of State –Consejo de Estado– changed its previous case law, regarding the waiver of arbitration agreements concluded between public state entities and private contractors. Prior to this decision, the parties could waive arbitration by presenting their case before an administrative court of law, in so far none of…