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- COLOMBIA 15 November 2022 Zurgroup
COLOMBIA 15 November 2022 Zurgroup
Corte Suprema de Justicia, 15 November 2022, No. SC3650-2022
(Zurgroup SA v Importaciones y Exportaciones Fenix SAS)
COLOMBIA 15 November 2022 Zurgroup
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.
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 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.
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.
More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.