Executive LL.M. student, Alvaro Ceballos Suarez, recently published an article in Revista Confluencia (issn: 2346-1047).
Abstract: (article in Spanish)
SUPRANATIONAL JURISDICTION OF THE ANDEAN TRIBUNAL FOR COMMERCIAL ARBITRATIONS IN COLOMBIA
The main purpose of the research is briefing to the readers about a new exiting way in Colombia to handle the commercial arbitrations. The Andean Community is a customs union comprising the South American countries of Bolivia, Colombia, Ecuador, and Peru.
The Andean Tribunal is the legal branch of the internal organization of the community in charge of the rules to unify the jurisdictions of the country members. In the efforts to amalgamate the diverse local laws (base in the civil legal system) the Andean Tribunal stated the “pre judicial interpretation” as mandatory policy for the local courts of each country to ask in a preliminary basis to the Andean Tribunal for the interpretation of the supranational rules when the litigation case involves issues ruled by the Andean Community. This legal step must be follow by local judges before the award or judicial decision. Otherwise, a breach of the Andean legal framework will take place.
In the article published by the Arbitration Center of the Chamber of Commerce Magazine, Mr. Ceballos summarized the legal arguments of a recent case in which a Colombian Court (Consejo de Estado) declared the nullity of some awards of commercial arbitrations because the lack of the pre judicial interpretation. This relevant antecedent means that the integration of the transnational legal system of the Andean Countries became a real legal issue rather than academic discussion.