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COLOMBIA 15 November 2022 Zurgroup
Corte Suprema de Justicia, 15 November 2022, No. SC3650-2022
(Zurgroup SA v Importaciones y Exportaciones Fenix ... Read more
Corte Suprema de Justicia, 15 November 2022, No. SC3650-2022
(Zurgroup SA v Importaciones y Exportaciones Fenix SAS)
COLOMBIA 15 November 2022 Zurgroup
Respondent Fenix did not invoke any ground for refusing exequatur of an award issued in favor of Zurgroup in Chile. The Court found that Zurgroup had submitted the documents for seeking recognition and enforcement required under the New York Convention. It then ascertained on its own initiative, on the facts of the case, that the dispute was arbitrable, and that exequatur would not violate the fundamental principles of Colombian public policy.
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.