Article 116 of the Colombian Constitution is the foundation stone of

legislation on arbitration. Indeed, this constitutional provision expressly

recognizes arbitration as a dispute settlement mechanism. Issued in 1991,

Article 116 of the Constitution reads as follows:

 

Private individuals may be temporarily vested with the function

of administering justice as members of the jury in criminal

cases, as conciliators or as arbitrators empowered by the parties

to render decisions according to the law or in equity, in

accordance with the terms provided for by the law.2

 

In 2012, Congress enacted new legislation on Arbitration and on

Civil Procedure, which has been gradually coming into force more

recently.

 

Law 1563 of 2012 incorporates the Arbitration Statute, which

regulates national and international arbitration (henceforth, the

“Arbitration Statute”). The Statute was signed by the President of

Colombia on July 12, 2012 and entered into force on October 12, 2012.3

 

With this new Statute, Colombian legislation adopts a dualistic

approach, by providing separate legal regimes for domestic and

international arbitration. Rules for these types of arbitrations are

contained in different chapters in the Arbitration Statute: Chapter I

covers domestic arbitration and Chapter III concerns international

arbitration.