Court Decisions outside United States concerning ICDR/AAA Awards - Part 3 - Chapter 2 - ICDR Awards and Commentaries
Eduardo Zuleta is head of the Arbitration and Investment Protection Group at Gomez-Pinzón Zuleta Abogados. He was previously a Partner of an international law firm and the Founding Partner of Zuleta & Partners, a leading arbitration boutique in Colombia. He is Vice-Chair of the Arbitration Committee of the IBA, member of the advisorycounsel of the Institute for Transnational Arbitration and member of the Latin-American Group of Arbitration of the ICC. Mr. Zuleta graduated JD (with honors) from Universidad del Rosario with post graduate studies in financial law and international dispute resolution. He is professor of law in international contracts and international dispute resolution. He has lectured in international arbitration courses organized by several universities and academic institutions and has taken part in various seminars and conferences in Europe, the United States and Latin America. He has advised and represented States, State entities and private companies in international commercial arbitration and has acted as chair, co-arbitrator and sole arbitrator in international commercial arbitration related to telecommunications, energy, infrastructure, construction, distribution and corporate and commercial matters under ICC, UNCITRAL and ICDR Rules as well as under local rules in Latin American Venues. He has also acted as advisor in investment cases and as chair and co-arbitrator in investment arbitrations under ICSID and UNCITRAL Rules.
Francisco Grob Duhalde is a member of the Dispute Resolution Practice Group in Baker & McKenzie's Santiago office. His areas of expertise include litigation as well as domestic and international arbitration.
Antonio Ortúzar, Sr. is Of Counsel in the Santiago office of Baker & McKenzie and the chairman of its Dispute Resolution Practice Group. Mr. Ortuzar has worked on numerous litigation and arbitration cases, and routinely represents international and Chilean clients in complex disputes involving antitrust, torts, product liability commercial law, insolvency and bankruptcy matters. He is a member of the Chilean Bar Association, listed arbitrator with the Arbitration and Mediation Centre of the Santiago Chamber of Commerce and likewise serves as arbitrator for the Centro Nacional de Arbitraje. He is author of The Leasing Agreement and co-author of the Chilean chapter of Getting the Deal Through— Private Antitrust Litigation 2009. Mr. Ortuzar earned his LL.B. from the University of Chilé in 1955.
Rodrigo Díaz de Valdés is a Partner in the Santiago office of Baker & McKenzie and a member of the Dispute Resolution and Antitrust Practice Groups. Mr. Díaz de Valdés is widely experienced in civil, commercial, regulatory, insurance, finance, insolvency, bankruptcy and constitutional litigation and has routinely worked on complex dispute resolution, arbitration and antitrust matters. He serves as arbitrator at the Center of Arbitration and the Chamber Commerce of Santiago and is a professor of constitutional law at one of the leading law schools in Chile. Mr. Díaz de Valdés has written articles for various publications, particularly focused on constitutional, civil liabilities, securities and bankruptcy matters. He is ranked among the most recommended lawyers for dispute resolution by Chambers & Partners. Mr. Díaz de Valdés earned an LL.B. and License in Law from the Catholic University of Chile in 1998, as well as a Master in International Human Rights Law from the University of Oxford in 2010.
Originally from ICDR Awards and Commentaries
Indistri S.A. v. SAP Andina y del Caribe C.A. en Colombia, No. 2010000150 00 Superior Tribunal of Bogotá (March 10, 2010 and May 21, 2010)
On 10 March 2010, the Superior Tribunal of Bogotá (the “Court”) decided on an action filed by SAP Andina y del Caribe C.A. Colombia to set aside an award rendered in Bogotá, Colombia, by a panel of three arbitrators. The arbitration proceedings had been conducted under the ICDR International Arbitration Rules.
Colombia has not adopted the UNCITRAL Model Law on International Commercial Arbitration yet. Therefore, the grounds and procedural rules applicable to actions to set aside awards issued in international arbitrations seated in Colombia, are those applicable to domestic arbitrations. According to such rules, the application for annulment must be filed with the Chair of the arbitration tribunal within the five (5) days following the notification of the award or any decision correcting, clarifying or complementing it. The recourse is to be decided either by the Superior Tribunal of the place of arbitration or, in the case of State contracts, by the Council of State (Decree 2279/89, Art. 37; Law 446/98, Art. 36.5; Decree 1818/98, Arts. 161 & 162).
Indistri SA v SAP Andina y del Caribe CA Colombia (Superior Tribunal of Bogotá, 2010)
Francisco Grob Duhalde, Antonio Ortúzar, Sr and
Rodrigo Díaz de Valdés
Western Technology Services International Inc v Cauchos Industriales SA (Sup Ct 2010)
II Arbitration Proceedings
III Exequatur Proceedings
IV Supreme Court's Decision