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Summary

Arbitration in Colombia
It is a mechanism whereby the parties involved in a conflict delegate this solution in
an odd number of lawyers called arbitrators, who have the power to administer
justice and give a sentence called arbitral award. (The arbitral award has the same
effects of a Colombian judge sentence)
Arbitrators are people invested temporarily and for specific cases, the function of
administering justice (Article 116 Colombian Constitution), they may be selected by
the parties by mutual agreement.
Arbitration agreement:
It is a legal business whereby parties manifested their will that the arbitrators would
define their eventual disputes.
- Types of arbitration agreement:
A) The arbitration clause: is the manifestation of will that is included in a
contract or document where it is established that the conflicts arising in the
execution of a contract shall be resolved by arbitration. This clause is set
before of the conflict emerged. (Like our operating agreement)
B) Commitment: Its a contract or separate document in which parties decide
to resolve the differences facing them through an arbitration proceeding.
This is agree after that conflict, arises which allows to arbitration disputes
that are airing before the judges.

Benefits
A) Valid: The decision of the arbitrators is called arbitration award, and has the
same effects as a sentence in a court.
B) Speed: In the arbitration the parties have the possibility, by mutual
agreement to settle the time of duration of the process. Otherwise, the
period would be six (6) months, renewable up to six (6) months maximum.
C) Confidentiality: In the arbitration are present Parties, their lawyers, the
Court and staff of the Arbitration Centre, which are obliged to maintain strict
confidentiality what happens in the process.
D) Economy: The arbitration process is cheaper than an ordinary process in a
Colombian court

E) Surveillance: Arbitrators has Colombian attorney general's office


(Procuraduria General de la Nacin) surveillance to ensure the proper
functioning of Arbitration Centre.
F) Expertise: For the selection of the arbitrators the Centre has a public listing
of lawyers, whose qualities and expertise are a guarantee of fairness, equity
and justice.
Advised Arbitration and Mediation Centre in Medellin.
- Name: Cmara de Comercio de Medellin para Antioquia
- Adress: Carrera 48 No. 20 - 34, torre 1, piso 8, oficina 812 - Centro Empresarial
Ciudad del Ro, Medelln.
-Arbitrators list: http://www.camaramedellin.com.co/site/ServiciosEmpresariales/MASC/Lista-de-arbitros.aspx

Arbitration Legal Framework


- Reglamento del Centro de Conciliacin, Arbitraje y Amigable Composicin
- Procesos y expedientes
- Sentencia C-1038 de 2002
- Modelo de clusulas compromisorias
- Decreto 1829 de 2013
- Ley 1563 de 2012
- Sentencia C - 170 de 2014
- Sentencia C - 305 de 2013
- Sentencia C - 765 de 2013