La interrelación entre el juez y el árbitro internacional.: Estudio comparativo entre Francia y Colombia

A new legislation for international and domestic arbitration has entered into force in Colombia as an attempt to modernize and improve the arbitration framework that had been established by law and practice. The 1563 Law of 2012 introduces in Colombia a new approach to arbitration, one that has been...

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Bibliographic Details
Main Authors: Paraguacuto-Maheo, Diana, Bayona, Lilian Johanna, Gallardo, Raul
Format: Article
Language:Spanish
Published: 2014
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5167613
Source:Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 7, Nº. 7, 2014, pags. 251-286
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Summary: A new legislation for international and domestic arbitration has entered into force in Colombia as an attempt to modernize and improve the arbitration framework that had been established by law and practice. The 1563 Law of 2012 introduces in Colombia a new approach to arbitration, one that has been adopted in countries with more developed arbitration systems. The 1562 Law is not all revolutionary. It also confirms what had been case law in Colombia for many years. This paper is an attempt to analyze the 1562 Law and the supporting role given to the judiciary system through a comparison with the French legal framework. Indeed, the recently enacted decree in France introduces the figure of the juge d’appui, thereby reinforcing the already supporting role of arbitration in this country. Reading Colombian Law 1563 through the prism of France’ experience in arbitration could provide us with new insights and help us determine how our judges should act to foster Clombia as a place of international arbitration.