COLOMBIA 15 November 2022 Zurgroup

Corte Suprema de Justicia, 15 November 2022, No. SC3650-2022

(Zurgroup SA v Importaciones y Exportaciones Fenix SAS)

15 - 11 - 2022

COLOMBIA 15 November 2022 Zurgroup

Jurisdiction Colombia
Summary

The Supreme Court of Justice granted recognition of an award issued in Chile. As the respondent did not raise any grounds to resist exequatur, the Court examined whether the subject matter of the dispute was arbitrable and whether recognition would violate Colombian public policy, these being the only two defenses to be examined on the Court’s own initiative in accordance with Colombian law, which mirrors in this respect Art. V of the New York Convention. In the case at issue, the dispute decided in the arbitration was arbitrable, as it concerned a contract for the sale and purchase of fresh fruit, and there was no indication that the award was at odds with the fundamental principles of Colombian public policy. The Court also noted that the applicant had duly supplied a copy of the arbitral award and the arbitration agreement in accordance with Colombian law, which provided for less strict requirements than Art. IV of the New York Convention and therefore applied pursuant to the Convention’s more-favorable-right provision. Hence, it was not necessary for the applicant to supply the original award and arbitration agreement, as required by Art. IV of the Convention.

Related topics
402

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.

Original or copy arbitral award
403

The court discusses issues relating to the requirement to supply the original arbitration agreement or a copy thereof to prove the prima facie validity of the arbitration agreement, as well as the application of more favorable municipal laws that do not provide for this requirement.

Original or copy arbitration agreement
518

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.

Paragraph 2 - Distinction domestic-international public policy
519

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.

Ground a: Arbitrability
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
COLOMBIA 15 November 2022 Zurgroup