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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Main Authors: | , , |
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Format: | Article |
Language: | Spanish |
Published: |
2014
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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. |
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