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- COLOMBIA 15 November 2022 Tricon
COLOMBIA 15 November 2022 Tricon
Corte Suprema de Justicia, 15 November 2022, No. SC3462-2022
(Tricon Dry Chemicals LLC v Agroindustrias El Molino de la Costa SAS)
COLOMBIA 15 November 2022 Tricon
The Supreme Court of Justice recognized an award issued in expedited proceedings by a sole arbitrator of the Society of Maritime Arbitrators in the State of New York. The respondent did not raise any objection to recognition, as it did not appear in the proceedings. The Court considered that according to Colombian law, recognition may be denied at the court’s initiative if the subject matter of the dispute may not be settled by arbitration, and if recognition would violate Colombian public policy. These provisions, the Court noted, mirror those in Art. V of the New York Convention. In the case at issue, the applicant had complied with the requirements for seeking exequatur by supplying a copy of the award together with a Spanish translation sworn in accordance with Colombia law. The dispute was arbitrable as it concerned the consequences of a breach of contract, and there was no indication that exequatur would violate public policy.
The court discusses how to determine whether the document supplied is an award capable of being recognized and enforced, including whether the award is duly authenticated, and whether a copy is duly certified; whether a prior interim and/or partial award should be supplied together with the final award.
The court discusses issues relating to the requirements of the translation (translation by sworn translator, translation of entire award etc.) and whether a translation is necessary.
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.
Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.