The dilatory actions against arbitral decisions before the appealing court of Paris

Abstract

In this study of French law it can be seen clearly how through the legal remedies set before the judge by the parties against the arbitral decisions, they try not to recognize or delay the sentences execution uttered by the Arbitral Tribunal, even though when were the parties who decided to submit the case before the tribunal.The same tendency is observed in the Colombian law system. In fact, either our legislation (article 111 statute 23, 1991) or our jurisprudence (C.E 07/02/2002. CP Jesus María Carrillo Ballesteros Exp. 20467) provide that a declaration of nullity suspends the execution of the arbitral decision. This, in addition to the lack of efficient sanctions against dilatory petitions and the tendency of Colombian judges not to recognized arbitral decisions, has deprived the figure of arbitrament of its practical utility. In those legal systems in which this situation is occurring, some measures has been taken to solve this inconvenience. However, our legislator keeps insisting on formulating the same solutions disregarding the fundamental objective of arbitrament. (See the reform introduced by the Congress to the executive law project known as General Law of Arbitrament in its articles 44 and 45).