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International arbitration seated in Colombia: Model Law rules, interim measures, annulment waiver and enforcement

Last verified: 2026-10-26 · Status: Stable

Ley 1563 de 2012 has a separate international regime based on the UNCITRAL Model Law: an arbitration is international if the parties are domiciled in different states, if a substantial part of performance is abroad, or if the dispute affects international trade. Parties choose the seat, language, rules, number and nationality of arbitrators and the applicable law; courts may intervene only where the law allows, and a state party cannot invoke its own law to deny arbitrability. The only remedy is annulment before the Supreme Court within one month on exhaustive grounds, and parties with no domicile or residence in Colombia may waive it entirely.

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Key facts

Separate international arbitration regime based on the UNCITRAL Model Law	yes yes or noLey 1563 de 2012 art. 62 to 116, as of 2026-10-26 · in force
Deadline to seek annulment of an international award seated in Colombia	1 monthsLey 1563 de 2012 art. 109, as of 2026-10-26 · in force
Annulment may be waived when no party is domiciled or resident in Colombia	yes yes or noLey 1563 de 2012 art. 107, as of 2026-10-26 · in force
Court hearing annulment of international awards	Corte Suprema de Justicia, Sala de Casación Civil textLey 1563 de 2012 art. 68, as of 2026-10-26 · in force
Time for the court to decide international annulment after the reply period	2 monthsLey 1563 de 2012 art. 109, as of 2026-10-26 · in force
Tribunal ordered interim measures enforceable without recognition	yes yes or noLey 1563 de 2012 art. 88, as of 2026-10-26 · in force

The rule

1. An arbitration is international when the parties were domiciled in different states when they agreed to arbitrate; when the place of performance of a substantial part of the obligations or the place most closely connected with the dispute is outside the state of the parties' domicile; or when the dispute affects international trade. The international section applies only when the seat is in Colombia, except for the rules on court referral, interim measures and recognition, which apply whatever the seat. No state, state company or state controlled entity may invoke its own law to challenge its capacity or the arbitrability of the dispute.Ley 1563 de 2012, Sección Tercera, Art. 62, 2012-07-12 official text · verified 2026-10-26

2. No court may intervene except where the international section allows it. The circuit civil judge (or the administrative judge if a Colombian public entity is party) handles appointment, challenge and assistance tasks; the Supreme Court Civil Chamber handles annulment and recognition, and the Consejo de Estado Third Section when a Colombian public entity is party.Ley 1563 de 2012, Art. 67 and 68, 2012-07-12 official text · verified 2026-10-26

3. The arbitration agreement must be in writing, which is met by any record of its content, by an accessible electronic communication, by an exchange of claim and defence in which one party alleges it and the other does not deny it, or by reference in a contract to a document containing the clause. A court seised of a matter covered by the agreement must refer the parties to arbitration if either asks, at the latest when answering the claim.Ley 1563 de 2012, Art. 69 and 70, 2012-07-12 official text · verified 2026-10-26

4. Parties freely choose an odd number of arbitrators (three by default), the seat, the language and the procedure; the tribunal may meet anywhere without changing the seat. The tribunal decides under the rules of law chosen by the parties (a reference to a state's law means its substantive law, not its conflict rules), may decide in equity only if authorised, and always applies the contract and relevant trade usages.Ley 1563 de 2012, Art. 72, 92, 93, 95 and 101, 2012-07-12 official text · verified 2026-10-26

5. The tribunal rules on its own jurisdiction (kompetenz kompetenz), including validity of the agreement; the clause is separable from the contract. Objections must be raised no later than the defence. Unless otherwise agreed the tribunal may grant interim measures and preliminary orders; its interim measures are binding without recognition and are enforced by Colombian courts whatever the country where they were ordered, with only the listed refusal grounds. Parties may also seek interim measures from courts before or during the arbitration, whether seated in Colombia or abroad, without waiving the agreement.Ley 1563 de 2012, Art. 71, 79, 80, 88, 89 and 90, 2012-07-12 official text · verified 2026-10-26

6. Annulment is the only remedy, on exhaustive grounds: incapacity or invalid agreement; lack of notice or inability to present one's case; award beyond the agreement; irregular tribunal or procedure; and, on the court's own motion, non arbitrability under Colombian law or breach of Colombian international public policy. It must be filed and argued within one month of notice of the award; the other side has one month to reply and judgment is due within two months; there is no further appeal and annulment does not suspend compliance. When no party is domiciled or resident in Colombia, the parties may exclude annulment entirely or limit it by express agreement.Ley 1563 de 2012, Art. 107, 108, 109 and 110, 2012-07-12 official text · verified 2026-10-26

7. Awards from international arbitrations seated in Colombia are treated as national awards and enforced directly without recognition, unless annulment was waived, in which case recognition is required.Ley 1563 de 2012, Art. 111, 2012-07-12 official text · verified 2026-10-26

Point	Domestic	International
Arbitrators	Colombian citizens; three above 400 minimum wages	Any nationality; three by default
Default term	Six months from first procedural hearing	Set by the parties or the rules
Annulment court	District superior court of the seat	Supreme Court Civil Chamber (Consejo de Estado if a public entity is party)
Annulment deadline	30 days	One month
Waiver of annulment	Not available	Available if no party is domiciled or resident in Colombia
Grounds	Nine statutory grounds	Model Law grounds plus arbitrability and international public policy

Domestic and international arbitration seated in Colombia compared (Ley 1563 de 2012)

Worked example

A US investor and a Colombian company agree ICC arbitration seated in Bogotá in English, with three arbitrators of any nationality and New York law. Because the parties are domiciled in different states, the international section applies.
The award is enforced in Colombia as a national award, without recognition, unless the parties waived annulment, which they could not do here because the Colombian company is domiciled in Colombia.
The losing party has one month from notice to file annulment before the Supreme Court, which cannot review the merits.

Step by step

Confirm the dispute qualifies as international under art. 62.
Draft the clause: seat (Bogotá or abroad), institution and rules, language, number and nationality of arbitrators, governing law, and, if both parties are foreign, whether to waive annulment.
Seek interim relief from the tribunal or, before it is constituted, from a Colombian circuit civil judge.
Calendar the one month annulment window from notice of the award or of any correction or additional award.
Enforce directly as a national award, or obtain recognition if annulment was waived.

Common traps

Seating in Colombia without qualifying as international puts the case in the domestic regime: Colombian arbitrators, six month term and nine annulment grounds.
Annulment waiver is void if any party has its domicile or residence in Colombia, including a local subsidiary.
A public entity party moves annulment and recognition to the Consejo de Estado.
Jurisdictional objections must be raised no later than the defence, or when the excess of mandate arises.

Sources

Ley 1563 de 2012, Sección Tercera (Cancillería normograma)

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