Falta de eliminación de la homologación del laudo arbitral extranjero en artículo 363 COGEP.

Abstract

International arbitration allows the parties to have a procedure that has fair, cost-effective and efficient mechanisms for the resolution of international commercial and investment disputes. The same that can be agreed by the parties, adapting to the needs of each dispute. In 2018, the Organic Law for the Productive Promotion repealed the procedure of homologation of foreign arbitral awards. However, in such regulation, the text referring to the homologation in the list of enforcement titles of article 363 numeral 5 of the General Organic Code of Processes was omitted to be eliminated. The retention of the homologation specifically in an article when it has already been eliminated from the rest of the COGEP may lead to contradictory interpretations and an uneven application of the rule, which affects legal certainty. The coherence of the normative framework is also harmed, as well as the perception of investors as to the confidence of the national legal system.