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Commercial Arbitration

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Colombia

Juan Camilo Fandiño-Bravo , Natalia Zuleta Garay , Alberto Zuleta-Londoño , Juan Camilo Jiménez-Valencia and Martín Escobar
Dentons Cárdenas & Cárdenas

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
  2. Colombia signed the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards on 25 September 1979, and approved it through Law 37 of 1979, which was struck down by the Supreme Court for procedural reasons in 1988. Subsequently, by way of Law 39 of 1990, the Colombian Congress issued the final approval for the Convention. No reservations or declarations were made by Colombia concerning any rule in the New York Convention.

  3. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
  4. Colombia is party to The Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards, (the Montevideo Convention) approved by Law 16 of 1981; The Inter-American Convention on International Commercial Arbitration of 1975 (the Panama Convention), approved by Law 44 of 1986; and The Convention on the Settlement of Investment Disputes between States and Nationals of other States (the Washington Convention), approved by Law 267 of 1996.

  5. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
  6. Law 1563 of 2012 (the Arbitration Statute) regulates both domestic and international arbitration in Colombia. The Colombian Arbitration Statute is dualist and, consequently, establishes separate regimes for domestic and international arbitrations. The rules for domestic arbitrations draw heavily from the rules for ordinary civil procedure, while the international arbitration section follows the UNCITRAL Model Law. 

  7. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
  8. The arbitration body based in Colombia with the most relevance to international arbitration is the Center of Arbitration and Conciliation of the Chamber of Commerce of Bogotá (the Bogotá Centre). The Bogotá Centre has its own international arbitration rules pursuant to which  the parties can agree to submit their dispute to its rules, when the arbitration is considered to be international in light of the requirements established by Law 1563 of 2012. The Bogotá Center may also act as appointing authority. 

  9. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?
  10. International arbitrations can be conducted in Colombia under the rules of foreign arbitral institutions, considering that the international arbitration regime laid down in Law 1563 of 2012, does not distinguish between the possibility of choosing procedural rules of a domestic or a foreign institution. Likewise, in domestic arbitration, it is possible for a foreign arbitral provider to manage the procedure. 

  11. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?
  12. There is no specialist arbitration court in Colombia. On the other hand, as per article 67 of Law 1563 of 2012, courts may not intervene in international arbitrations, except in matters that are specifically mentioned in the law. The judiciary in Colombia is generally is familiar with the practice of international arbitration when it comes to deciding on the recognition and enforcement of foreign awards or the appointment of arbitrators when the courts are required to do it. 

    Agreement to arbitrate

  13. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?
  14. In Colombia, for an arbitration agreement to be valid, the consent of the parties to arbitrate must be expressed in a document. The agreement can cover either future or existing disputes. The statement made in a complaint in the sense that an arbitration agreement exists will amount to an agreement to arbitrate when the opposing party fails to contest its existence. 

  15. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?
  16. As a general rule the disputes of rights that the party is entitled to waive are arbitrable. Additionally, the law may define specific matters that may or may not be settled by arbitration. Disputes that involve marital status, the legality of administrative acts, insolvency and some issues regarding antitrust law and intellectual property may not be submitted to arbitration. 

  17. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?
  18. There is no provision in the Arbitral Statute regarding the participation of third parties in an international arbitration seated in Colombia. The events in which an arbitration agreement could bind a third party would be determined on the basis of whether consent was given by that party to the agreement. 

  19. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?
  20. The Arbitral Statute is silent as to the possibility of consolidating separate arbitral proceedings.There is no limitation in the law as to the possibility of applying arbitration rules that allow consolidating different arbitral proceedings.

  21. 11.

    Groups of companies
    Is the 'group of companies doctrine' (or any other basis for piercing the corporate veil) recognised in your jurisdiction?

  22. There is no particular rule in this regard and national courts have not yet applied the "group of companies" doctrine in Colombia, although there would seem to be no legal limitation for them to do so. The extension of an arbitration agreement to non-signatories will most likely be defined by applying the test of consent. 

  23. 12.Separability
    Are arbitration clauses considered separable from the main contract?
  24. In both domestic and international arbitrations in Colombia arbitration clauses are considered to be separable from the main contract according to article 79 of Law 1563 of 2012. 

  25. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
  26. Under article 79 of the Arbitral Statute, in Colombia’s international arbitration regime only the arbitration tribunal can decide on the matter of its own jurisdiction. The parties must object to the jurisdiction, at the latest, at the time of filing the response of the claim. The arbitration tribunal may solve objections to its jurisdiction before or in the final award. 

  27. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?
  28. It is important that the arbitration agreement be specific with regard to the seat and the language of the arbitration and that the applicable substantive law be clearly chosen by the parties either in the arbitration agreement itself or elsewhere. It also important to regulate confidentiality in the clause itself as it is not regulated in the Arbitral Statute. 

  29. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?
  30. In Colombia institutional international arbitration is much more common than ad hoc international arbitration, which is virtually non-existent, although the law specifically allows for it to take place. 

  31. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.
  32. The Arbitral Statute states that unless otherwise agreed by the parties, when there is more than one claimant or defendant the arbitrator must be appointed by all claimants and/or defendants. If such agreement is not possible, the default mechanism of appointment by the courts will apply.  

    Commencing the arbitration

  33. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?
  34. Pursuant to article 94 of the Arbitration Statute, international arbitration proceedings commence with the claimant´s request for arbitration. The arbitration statute does not include any formal requirements that the request for arbitration must meet. 

    Choice of law

  35. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
  36. Article 101 of the Arbitration Statute states that the arbitral tribunal must decide the controversy based upon the rules of law agreed by the parties. If the parties fail to agree upon a substantive law, the arbitral tribunal may apply the rules it deems appropriate.

    Appointing the tribunal

  37. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?
  38. There are no limits on the parties' autonomy to select arbitrators in Colombia for international arbitrations. 

  39. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?
  40. Pursuant to article 73 of the Arbitration Statute non-nationals can validly act as arbitrators in international arbitrations in Colombia regardless of their ability to practice law in Colombia. No special immigration requirements are necessary. 

  41. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?
  42. Failing appointment in the manner agreed by the parties, arbitrators will be appointed by civil circuit court.

  43. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?
  44. Colombian law does not afford arbitrators immunity from suit. 

  45. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?
  46. The Arbitral Statute does not contain provisions regarding arbitrators’ fees in international arbitrations. The Bogotá Centre may receive and hold funds destined to the arbitration. 

    Challenges to arbitrators

  47. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?
  48. In international arbitrations, arbitrators can be challenged whenever there are justified doubts regarding their impartiality or their independence, as well as when they do not meet the qualities agreed by parties. The parties are free to agree on a procedure to challenge the arbitrators. If they remain silent, the challenge will be decided by the arbitration institution in the case of sole arbitrators and by the remaining arbitrators in the case of three arbitrator tribunals, where the chairman’s vote will be the deciding vote if there is a tie.

    There is no specific mention of the IBA Guidelines on Conflicts of Interest in International Arbitration in Colombian law or arbitration rules, but they are increasingly used as a reference by parties seeking to challenge an arbitrator.

    Interim relief

  49. 25.

    Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?

  50. In the case of international arbitrations the arbitral tribunal can order an interim measure in order to: (i) maintain or restore the status quo while the dispute is solved; (ii) take action that would prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself; (iii) provide a means of preserving assets out of which a subsequent award may be satisfied; or (iv) preserve evidence that may be relevant and material to the resolution of the dispute.

    Moreover, the Arbitration Statute provides that before or during the arbitration proceeding, any given party is entitled to seek interim relief from local courts, and such request will not constitute a waiver of the arbitration agreement.

    No anti-suit injunctions exist in Colombia.

  51. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?
  52. The Arbitration Statute is silent on the matter and courts are therefore not allowed to order a party to provide security for costs.

    Procedure

  53. 27.

    Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?

  54. There are no mandatory rules in Colombia regarding the conduct of the arbitration except for a general Constitutional duty for the arbitral tribunal to observe procedural due process.  

  55. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?
  56. IArticle 98.2 of the Arbitral Statute determines that when the defendant fails to participate in the arbitration, the arbitral tribunal shall continue the proceeding, but the conduct of the respondent cannot be construed as acceptance of the assertions of the claimant.

  57. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?
  58. International arbitral proceedings are ruled by a provision drafted after article 19 of the UNICTRAL Model Law whereby tribunals are free to establish the rules for taking of evidence in the absence of an agreement of the parties on the matter, which may include recourse to the IBA Rules on the Taking of Evidence in International Commercial Arbitration.

  59. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?
  60. In international arbitrations the parties or the arbitral tribunal are allowed to request the assistance of local courts in the obtaining of evidence within their jurisdiction. Local courts are required to proceed as if the request were made by another judicial authority. 

  61. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?
  62. The law is silent on the matter and the existence of a prevailing practice is not clear, although some reference to the IBA Rules on the Taking of Evidence can be reasonably expected in most cases.

  63. 32.Hearings
    Is it mandatory to have a final hearing on the merits?
  64. There are no mandatory procedural steps for the arbitration procedure and hearings are not mandatory.

  65. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
  66. Colombian allows procedural meetings to take place anywhere. Furthermore, it important to point out that hearings may be conducted with the assistance of electronic means. 

    Award

  67. 34.Majority decisions
    Can the tribunal decide by majority?
  68. Tribunals, as a general rule, decide by majority.

  69. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?
  70. Arbitration tribunals may award any remedy established in the applicable law.

  71. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?
  72. Dissenting opinions are permitted although not particularly common. 

  73. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?
  74. Awards rendered by international tribunal must; (i) be written and signed by the arbitrators; (ii) provide the reasoning of the arbitral tribunal unless otherwise agreed by the parties; and (iii) state the date and seat of arbitration.

  75. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?
  76. Awards rendered by international arbitration panels may be issued without time limitations unless otherwise established in the arbitration agreement. The parties are granted one month following the service of the award to request a correction, interpretation or addition of the  award. Unless the parties have agreed otherwise, they are also granted one month since the service of the award or its correction, interpretation or addition, to file an action to set aside the award.  

    Costs and interest

  77. 39.

    Costs
    Are parties able to recover fees paid and costs incurred? Does the 'loser pays' rule generally apply in your jurisdiction?

  78. The Arbitration Statute is silent as to how a tribunal is to allocate costs and expenses at the end of the proceedings. The rules for international arbitrations of the Bogotá Centre establish that the losing party must, in principle, pay for costs. In any event, costs may be apportioned by the arbitral tribunal considering the circumstances.

  79. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?
  80. The ability of an arbitral tribunal to order the payment of interest is not regulated in the Arbitral Statute, but rather determined by the law that is applicable to the merits of the dispute. Default interest in Colombia may be charged at a maximum of 1.5 times the current banking interest. This has become the customary rate in Colombia for default interest for debts in Colombian pesos.

    Challenging awards

  81. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?
  82. Awards rendered in Colombia by international arbitration tribunals may be set aside in the following events:

    (a) the party making the application furnishes proof that:

     (i) at the moment of execution of the arbitration agreement it was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Colombia; or

     (ii) it was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

     (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

     (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or

     (b) the court finds that:

     (i) the subject matter of the dispute is not capable of settlement by arbitration under the laws of Colombia; or

     (ii) the award is in conflict with Colombian international public policy.

  83. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?
  84. There are no further bases on which an award may be challenged. 

  85. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?
  86. In the case of international arbitrations, when none of the parties have their domicile or residence in Colombia, they can completely or partially exclude the right to file for annulment. This exclusion can be agreed upon in the arbitration agreement or in any subsequent agreement by the parties. An award with respect to which the annulment recourse has been waived requires a recognition procedure before it can be enforced in Colombia. 

    Enforcement in your jurisdiction

  87. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?
  88. There have been no cases where a Colombian court has recognised an award that has been set aside by the courts in the seat of arbitration. 

  89. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?
  90. Recent rulings by the Colombian Supreme Court have adhered in a rather to strict manner to the New York Convention, thus abandoning a long tradition of also applying the code of civil procedure and its grounds for refusal of recognition of a foreign award. Additionally, a 2013 ruling by the Colombian Supreme Court stated that the New York Convention is only to be applied as a residual set of provisions. The Supreme Court stated in that case that, even though both Ecuador and Colombia were members of the New York Convention of 1958, given that both states were also members of the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards, the latter award alone would apply in a an award originating in Ecuador that needed to be recognised in Colombia. 

  91. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?
  92. There are no Colombian internal laws regarding enforcement immunities of states or their property, nor is Colombia a signatory of any international treaty or convention on this subject.

    Furthermore, there have been no cases in which an enforcement proceeding has been brought against a foreign sovereign state or state entity in Colombia. 

    Further considerations

  93. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?
  94. The Arbitration Statute does not provide any rule regarding the public or confidential nature of arbitration proceedings. Parties are free to agree that the proceedings in an international arbitration must remain confidential.

  95. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?
  96. Colombian law does not provide for evidence produced during international arbitration proceedings to be “transferred” to different arbitration or court proceedings. 

  97. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?
  98. There are no specific provisions that govern conduct standards for counsel and arbitrators in international arbitrations. 

  99. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?
  100. No.

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GAR know-how provides reliable cross-jurisdictional insight to help cement the building blocks of international practice. In this section, select experienced practitioners answer commonly-asked questions for key jurisdictions so allowing readers to be better-placed to solve the challenges of their working days.

Questions

    Infrastructure

  1. 1.The New York Convention
    Is your state a party to the New York Convention? Are there any noteworthy declarations or reservations?
  2. 2.Other treaties
    Is your state a party to any other bilateral or multilateral treaties regarding the recognition and enforcement of arbitral awards?
  3. 3.National law
    Is there an arbitration act or equivalent and, if so, is it based on the UNCITRAL Model Law? Does it apply to all arbitral proceedings with their seat in your jurisdiction?
  4. 4.Arbitration bodies in your jurisdiction
    What arbitration bodies relevant to international arbitration are based within your jurisdiction? Do such bodies also act as appointing authorities?
  5. 5.Foreign institutions
    Can foreign arbitral providers operate in your jurisdiction?
  6. 6.Courts
    Is there a specialist arbitration court? Is the judiciary in your jurisdiction generally familiar with the law and practice of international arbitration?
  7. Agreement to arbitrate

  8. 7.Formalities
    What, if any, requirements must be met if an arbitration agreement is to be valid and enforceable under the law of your jurisdiction? Can an arbitration agreement cover future disputes?
  9. 8.Arbitrability
    Are any types of dispute non-arbitrable? If so, which?
  10. 9.Third parties
    Can a third party be bound by an arbitration clause and, if so, in what circumstances? Can third parties participate in the arbitration process through joinder or a third-party notice?
  11. 10.Consolidation
    Would an arbitral tribunal with its seat in your jurisdiction be able to consolidate separate arbitral proceedings under one or more contracts and, if so, in what circumstances?
  12. 11.

    Groups of companies
    Is the 'group of companies doctrine' (or any other basis for piercing the corporate veil) recognised in your jurisdiction?


  13. 12.Separability
    Are arbitration clauses considered separable from the main contract?
  14. 13.Competence-competence
    Is the principle of competence-competence recognised in your jurisdiction? Can a party to an arbitration ask the courts to determine an issue relating to the tribunal’s jurisdiction and competence?
  15. 14.Drafting
    Are there particular issues to note when drafting an arbitration clause where your jurisdiction will be the seat of arbitration or the place where enforcement of an award will be sought?
  16. 15.Institutional arbitration
    Is institutional international arbitration more or less common than ad hoc international arbitration? Are the UNCITRAL Rules commonly used in ad hoc international arbitrations in your jurisdiction?
  17. 16.Multi-party agreements
    What, if any, are the particular points to note when drafting a multi-party arbitration agreement with your jurisdiction in mind? In relation to, for example, the appointment of arbitrators.
  18. Commencing the arbitration

  19. 17.Request for arbitration
    How are arbitral proceedings commenced in your jurisdiction? Are there any key provisions under the arbitration laws of your jurisdiction relating to limitation periods of which the parties should be aware?
  20. Choice of law

  21. 18.Choice of law
    How is the substantive law of the dispute determined? Where the substantive law is unclear, how will a tribunal determine what it should be?
  22. Appointing the tribunal

  23. 19.Choice of arbitrators
    Does the law of your jurisdiction place any limitations in respect of a party’s choice of arbitrator?
  24. 20.Foreign arbitrators
    Can non-nationals act as arbitrators where the seat is in your jurisdiction or hearings are held there? Is this subject to any immigration or other requirements?
  25. 21.Default appointment of arbitrators
    How are arbitrators appointed where no nomination is made by a party or parties or the selection mechanism fails for any reason? Do the courts have any role to play?
  26. 22.Immunity
    Are arbitrators afforded immunity from suit under the law of your jurisdiction and, if so, in what terms?
  27. 23.Securing payment of fees
    Can arbitrators secure payment of their fees in your jurisdiction? Are there fundholding services provided by relevant institutions?
  28. Challenges to arbitrators

  29. 24.Grounds of challenge
    On what grounds may a party challenge an arbitrator? How are challenges dealt with in the courts or (as applicable) the main arbitration institutions in your jurisdiction? Will the IBA Guidelines on Conflicts of Interest in International Arbitration generally be taken into account?
  30. Interim relief

  31. 25.

    Types of relief
    What main types of interim relief are available in respect of international arbitration and from whom (the tribunal or the courts)? Are anti-suit injunctions available where proceedings are brought elsewhere in breach of an arbitration agreement?


  32. 26.Security for costs
    Does the law of your jurisdiction allow a court or tribunal to order a party to provide security for costs?
  33. Procedure

  34. 27.

    Procedural rules
    Are there any mandatory rules in your jurisdiction that govern the conduct of the arbitration (eg, general duties of the tribunal and/or the parties)?


  35. 28.Refusal to participate
    What is the applicable law (and prevailing practice) where a respondent fails to participate in an arbitration?
  36. 29.Admissible evidence
    What types of evidence are usually admitted, and how is evidence usually taken? Will the IBA Rules on the Taking of Evidence in International Commercial Arbitration generally be taken into account?
  37. 30.Court assistance
    Will the courts in your jurisdiction play any role in the obtaining of evidence?
  38. 31.Document production
    What is the relevant law and prevailing practice relating to document production in international arbitration in your jurisdiction?
  39. 32.Hearings
    Is it mandatory to have a final hearing on the merits?
  40. 33.Seat or place of arbitration
    If your jurisdiction is selected as the seat of arbitration, may hearings and procedural meetings be conducted elsewhere?
  41. Award

  42. 34.Majority decisions
    Can the tribunal decide by majority?
  43. 35.Limitations to awards and relief
    Are there any particular types of remedies or relief that an arbitral tribunal may not grant?
  44. 36.Dissenting arbitrators
    Are dissenting opinions permitted under the law of your jurisdiction? If so, are they common in practice?
  45. 37.Formalities
    What, if any, are the legal and formal requirements for a valid and enforceable award?
  46. 38.Time frames
    What time limits, if any, should parties be aware of in respect of an award? In particular, do any time limits govern the interpretation and correction of an award?
  47. Costs and interest

  48. 39.

    Costs
    Are parties able to recover fees paid and costs incurred? Does the 'loser pays' rule generally apply in your jurisdiction?


  49. 40.Interest on the award
    Can interest be included on the principal claim and costs? Is there any mandatory or customary rate?
  50. Challenging awards

  51. 41.Grounds for appeal
    Are there any grounds on which an award may be appealed before the courts of your jurisdiction?
  52. 42.Other grounds for challenge
    Are there any other bases on which an award may be challenged, and if so what?
  53. 43.Modifying an award
    Is it open to the parties to exclude by agreement any right of appeal or other recourse that the law of your jurisdiction may provide?
  54. Enforcement in your jurisdiction

  55. 44.Enforcement of set-aside awards
    Will an award that has been set aside by the courts in the seat of arbitration be enforced in your jurisdiction?
  56. 45.Trends
    What trends, if any, are suggested by recent enforcement decisions? What is the prevailing approach of the courts in this regard?
  57. 46.State immunity
    To what extent might a state or state entity successfully raise a defence of state or sovereign immunity at the enforcement stage?
  58. Further considerations

  59. 47.Confidentiality
    To what extent are arbitral proceedings in your jurisdiction confidential?
  60. 48.Evidence and pleadings
    What is the position relating to evidence produced and pleadings filed in the arbitration? Are these confidential? Is there any way that they might be relied on in other proceedings (whether arbitral or court proceedings)?
  61. 49.Ethical codes
    What ethical codes and other professional standards, if any, apply to counsel and arbitrators conducting proceedings in your jurisdiction?
  62. 50.Procedural expectations
    Are there any particular procedural expectations or assumptions of which counsel or arbitrators participating in an international arbitration with its seat in your jurisdiction should be aware?