Colombia - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Claudia Benavides heads the Litigation and Arbitration practice in the Bogotá office of Baker & McKenzie. She has extensive experience in transnational litigation, acting for national and foreign corporations in disputes involving complex contractual and non-contractual claims. Claudia has represented clients before courts and arbitral tribunals in different types of commercial disputes, as well as in controversies involving distributorship agreements, unfair competition, insurance and real estate, amongst others. She is currently a listed, authorized secretary for the arbitral tribunals of the Center of Arbitration of the Chamber of Commerce of Bogotá.
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Overview on the Arbitral Legal Framework
Arbitration is a lawful practice for dispute resolution in Colombia. Private individuals may be vested by the parties to a controversy with the power to act as arbitrators according to the Colombian Political Constitution2 and are entitled to exercise jurisdictional functions according to the Statutory Law on the Administration of Justice.3
A.1.1 Arbitration legislation before 2012
Prior to 2012, Colombian arbitration regulations differentiated between domestic and international arbitration.4 The five articles contained in Law 315 of 1996 that used to govern international arbitration, although partially based on the UNCITRAL Model Law, were very sparse. Colombian legislation was silent on several crucial issues within the specific context of international arbitration such as, the possibility, nature and extent fo the support of local courts with respect to interim measures and actions to set aside awards. Law 315 of 1996 did not specify the procedure to be followed for the recognition and enforcement of awards, or the specifics of an arbitral proceeding.
A. Legislation, Trends and Tendencies
A.1 Overview of the Arbitral Legal Framework
A.2 International Arbitration Specifics
A.3 Trends and Tendencies
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures