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COLOMBIA 2026-2
Corte Suprema de Justicia, Civil Cassation Chamber, 15 November 2022, Decision No. SC3462-2022
(Tricon Dry Chemicals LLC v. Agroindustrias El Molino de la Costa S.A.S.)
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Corte Suprema de Justicia, Civil Cassation Chamber, 15 November 2022, Decision No. SC3462-2022
(Tricon Dry Chemicals LLC v. Agroindustrias El Molino de la Costa S.A.S.)
COLOMBIA 2026-2
Finding that the conditions for granting recognition were met, that the respondent had not raised any grounds for refusal, and that there were no arbitrability or public policy obstacles, the Court granted recognition of an award rendered in the United States.
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
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 the overall scheme and/or pro-enforcement bias of the Convention.
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.