Lex Mundi Global Arbitration Institutions Guide |
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Colombia |
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(Latin America/Caribbean)
Firm
Brigard Urrutia
Contributors
Luis Morcillo |
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| Name of Arbitral Institution; with abbreviation, if any. | Arbitration and Conciliation Center of the Chamber of Commerce of Bogota (in Spanish: Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá), hereinafter the ("Center"). |
| Where is the seat of the Arbitral Institution? | Bogota D.C. |
| Is there an umbrella organization for the Arbitral Institution? | Chamber of Commerce of Bogota D.C. ("CCB"). |
| How is the Arbitral Institution structured? | The Center is structured by an Arbitration Court, by a Director, and a Subdirector (Chap. II of the Rules). The Arbitration Court is composed by the Executive President of the CCB and seven members chosen by the Board of Directors of the CCB. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No, the parties can freely appoint their arbitrators, although the Center has a list of arbitrators (Rules. Part III. Article 3.8 number 3). |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties are free to choose the seat of the arbitration. However, if no agreement is made, the Arbitral Tribunal will determine the place of the arbitration, according to the parties' convenience and the particular circumstances of the arbitration (Rules. Part III. Article 3.19 number 1). |
| What is the amount of the registration fee? | The amount of the registration fee is USD 2750 + VAT (Rules. Part VIII. Article 8.5). |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Please find fee schedule here: |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Please find fee schedule here: |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Please find fee schedule here: |
| Who pays advances on costs? What happens in the event of default? | The Center may request both parties to pay advances on costs. If no payment is made by any of them within the following 30 days, the Center will notify said circumstance so the party pays the other party's corresponding amount. In the event of default, the Center may order the suspension or termination of the arbitral proceeding (Rules. Part III. Article 3.39). |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No, no formalistic procedures must be complied with (Part III. Article 3.21), among others. |
| Which languages can be used for communication with the Arbitral Institution? | Spanish and English. |
| Who is the main point of contact for the parties within the Arbitral Institution? | The point of contact for the parties and the Center is the Director of the Center (currently Mr. Mauricio González) and the Coordinator of International Arbitration (currently Mr. Santiago Diaz Cediel). |
| Are there restrictions on the language that the arbitration may be conducted in? | No, the parties shall use the language agreed upon in the arbitration agreement. If no agreement on the language is made, the Arbitral Tribunal will determine the language(s) to be used during the proceeding, according to the parties written submissions. (Rules. Part III. Article 3.20). |
| Who appoints substitute arbitrators? | Substitute arbitrators shall be appointed following the procedure established in the arbitration agreement. As a general rule, if the parties do not appoint arbitrators, the Center will appoint them. (Rules. Part III. Article 3.8, 3.9, and 3.15). |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | No specific regulations are established for multi-party arbitrations and/or joinders to the proceeding. In fact, the Arbitral Tribunal has the power to determine, regulate, and decide on the intervention or participation of joinders and third parties to the proceedings (Rules. Part III. Article 3.21.7). |
| Are oral hearings compulsory? | No, the Arbitral Tribunal will decide whether hearings for the production of evidence or closing arguments are necessary, or if the proceeding will be developed based on documents and other evidence (Rules. Part III. Article 3.25). |
| What are common evidence-taking practices? | Common evidence-taking practices are expertise, testimonies, examination, and cross-examination. |
| What is the average duration of arbitration proceedings? | According to the information provided by Center, the average duration of an international arbitration proceeding is eleven (11) months. |
| What is the timeframe for rendering the award? | The time frame for rendering an award is six months, starting from the filing of the response to the lawsuit or the filing of the response to the counterclaim. (Rules. Part III. Article 3.31). |
| Are extensions to time limits permissible? | The arbitration tribunal may, for one time, extend the time frame for rendering the award. (Rules. Part III. Article 3.31). |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Unless parties agree otherwise, the Arbitral Tribunal may, at a party's request, impose interim measures. In addition, prior to any arbitration proceeding, or even within it, a party may request to an ordinary court the adoption of interim measures, without waving the arbitration agreement. (Rules. Part III. Article 3.17). |
| Do the institutional rules provide for an emergency arbitrator? | The Center Rules do not contain provisions on emergency arbitrator/arbitration. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | The Center Rules do not contain provisions on expedite proceedings. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Arbitral awards are not submitted for scrutiny under the Center Rules. |
| Do costs necessarily follow the event? | In principle, costs follow the event and are awarded to the successful party. However, if reasonable and according to the circumstances of each case, the Arbitral Tribunal may apportion the costs between the parties. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes, arbitral awards can be annulled in Colombia. With minor variations, grounds for annulment correspond to the reasons for denial of enforcement provided in the New York Convention (see Arbitration Statute, Articles 108 and 112; and Center Rules, Part III, Article 3.37). |
| Link to institutional rules | https://www.centroarbitrajeconciliacion.com/Servicios/Arbitraje/Arbitraje-Internacional |
| Link to model clause | https://www.centroarbitrajeconciliacion.com/Servicios/Arbitraje/Arbitraje- |
Lex Mundi Global Arbitration Institutions Guide
Colombia
(Latin America/Caribbean) Firm Brigard UrrutiaContributors Luis Morcillo Irma Rivera
Updated 26 Oct 2018Arbitration and Conciliation Center of the Chamber of Commerce of Bogota (in Spanish: Centro de Arbitraje y Conciliación de la Cámara de Comercio de Bogotá), hereinafter the ("Center").
Bogota D.C.
Chamber of Commerce of Bogota D.C. ("CCB").
The Center is structured by an Arbitration Court, by a Director, and a Subdirector (Chap. II of the Rules). The Arbitration Court is composed by the Executive President of the CCB and seven members chosen by the Board of Directors of the CCB.
No, the parties can freely appoint their arbitrators, although the Center has a list of arbitrators (Rules. Part III. Article 3.8 number 3).
The parties are free to choose the seat of the arbitration. However, if no agreement is made, the Arbitral Tribunal will determine the place of the arbitration, according to the parties' convenience and the particular circumstances of the arbitration (Rules. Part III. Article 3.19 number 1).
The amount of the registration fee is USD 2750 + VAT (Rules. Part VIII. Article 8.5).
Please find fee schedule here:
Please find fee schedule here:
Please find fee schedule here:
The Center may request both parties to pay advances on costs. If no payment is made by any of them within the following 30 days, the Center will notify said circumstance so the party pays the other party's corresponding amount. In the event of default, the Center may order the suspension or termination of the arbitral proceeding (Rules. Part III. Article 3.39).
No, no formalistic procedures must be complied with (Part III. Article 3.21), among others.
Spanish and English.
The point of contact for the parties and the Center is the Director of the Center (currently Mr. Mauricio González) and the Coordinator of International Arbitration (currently Mr. Santiago Diaz Cediel).
No, the parties shall use the language agreed upon in the arbitration agreement. If no agreement on the language is made, the Arbitral Tribunal will determine the language(s) to be used during the proceeding, according to the parties written submissions. (Rules. Part III. Article 3.20).
Substitute arbitrators shall be appointed following the procedure established in the arbitration agreement. As a general rule, if the parties do not appoint arbitrators, the Center will appoint them. (Rules. Part III. Article 3.8, 3.9, and 3.15).
No specific regulations are established for multi-party arbitrations and/or joinders to the proceeding. In fact, the Arbitral Tribunal has the power to determine, regulate, and decide on the intervention or participation of joinders and third parties to the proceedings (Rules. Part III. Article 3.21.7).
No, the Arbitral Tribunal will decide whether hearings for the production of evidence or closing arguments are necessary, or if the proceeding will be developed based on documents and other evidence (Rules. Part III. Article 3.25).
Common evidence-taking practices are expertise, testimonies, examination, and cross-examination.
According to the information provided by Center, the average duration of an international arbitration proceeding is eleven (11) months.
The time frame for rendering an award is six months, starting from the filing of the response to the lawsuit or the filing of the response to the counterclaim. (Rules. Part III. Article 3.31).
The arbitration tribunal may, for one time, extend the time frame for rendering the award. (Rules. Part III. Article 3.31).
Unless parties agree otherwise, the Arbitral Tribunal may, at a party's request, impose interim measures. In addition, prior to any arbitration proceeding, or even within it, a party may request to an ordinary court the adoption of interim measures, without waving the arbitration agreement. (Rules. Part III. Article 3.17).
The Center Rules do not contain provisions on emergency arbitrator/arbitration.
The Center Rules do not contain provisions on expedite proceedings.
Arbitral awards are not submitted for scrutiny under the Center Rules.
In principle, costs follow the event and are awarded to the successful party. However, if reasonable and according to the circumstances of each case, the Arbitral Tribunal may apportion the costs between the parties.
Yes, arbitral awards can be annulled in Colombia. With minor variations, grounds for annulment correspond to the reasons for denial of enforcement provided in the New York Convention (see Arbitration Statute, Articles 108 and 112; and Center Rules, Part III, Article 3.37).