COLOMBIA 15 November 2022 Tricon Dry Chemicals
Corte Suprema de Justicia, 15 November 2022, No. SC3462-2022
(Tricon Dry Chemicals LLC v Agroindustrias El Molino de la Costa SAS) ... Read more
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 Dry Chemicals
The Court granted exequatur of an award issued by the Society of Maritime Arbitrators of the State of New York. Since the respondent party did not appear in the proceedings, the Court ascertained on its own initiative that the dispute was arbitrable and that exequatur would not violate the fundamental principles of Columbian public policy. The Court also found that Tricon had submitted the necessary documents under the New York Convention.
The court discusses the general conditions the Convention imposes on a petitioner for seeking recognition and enforcement of an arbitral award – namely, the submission of the original arbitration agreement or arbitral award or a certified copy thereof – and examines in general whether these conditions were complied in the case at issue.
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.