Colombia - Baker & McKenzie International Arbitration Yearbook: 2011-2012
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.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
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COLOMBIA
Claudia Benavides
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 Overview of the Arbitral Legal Framework
International and domestic arbitration are both lawful practices for dispute resolution in Colombia. The Colombian Political Constitution provides that private individuals, vested with the power to act as arbitrators, can be temporarily brought in by parties to a controversy in order to resolve a dispute.3 Likewise, the Statutory Law on the Administration of Justice provides that private individuals whom the disputing parties have empowered to act as arbitrators are entitled to exercise jurisdictional functions.
COLOMBIA
Claudia Benavides, Bogotá
A Legislation, Trends and Tendencies
A.1 Overview of the Arbitral Legal Framework
A.2 Specifics of International Arbitration
A.3 Trends and Tendencies
B. Cases
B.1 Rules that Constitute "Public Policy"
B.2 The Public Policy Defense Does Not Need to Be Invoked before the Arbitral Tribunal in Order to Be Relied upon at the Enforcement Stage
B.3 Applicable Standards to Decide Whether a Foreign Award Shall Be Recognized in Colombia
B.4 Arbitrability of Contractual Controversies Where the State Is a Party to the Contract
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Review of Alleged Breaches of Public Policy