Colombia / 12 May 2011 / Colombia, Corte Suprema de Justicia (Supreme Court of Justice) / Pollux Marine Services Corp. v Colfletar Ltda / 11001-0203-000-2011-00581-00
|Colombia, Corte Suprema de Justicia (Supreme Court of Justice)
|12 May 2011
|Pollux Marine Services Corp. v Colfletar Ltda
|Applicable NYC Provisions
http://www.cortesuprema.gov.co (website of the Corte Suprema de Justicia)
|Company Pollux Marine Services Corp. (Pollux Marine) requested recognition and enforcement of the arbitral award rendered on 7 December 2007 in a dispute opposing Pollux Marine and Colfletar Ltda. The Corte Suprema de Justicia (Supreme Court) denied enforcement of the award. It considered that enforcement was subject to requirements under both Article 695 of the Code of civil procedure (that the foreign decision is final in accordance with the laws of the country in which it was obtained and a duly certified and authenticated copy has been presented to the court in Colombia) and Article IV NYC that requires the party seeking enforcement to present a duly authenticated copy of the award, with a translation in the official language of the country where enforcement is sought. The Corte Suprema de Justicia considered that the party seeking enforcement did not comply with these requirements as it had not proved that the award was final in accordance with the law of the country where it was rendered (the petitioner only stated that the award was final in accordance with English law). The Corte Suprema de Justicia added that it did not present any legal translation of the arbitration agreement.
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