COLOMBIA Law and Practice Contributed by: Rebeca Herrera Diaz, Rebeca Herrera Abogados
The primary remedy against a first-instance judgment in the verbal process is an appeal, which allows the losing party to seek review by a higher court. This appeal must typically be filed within three days of the decision’s notification. The superior court will then review both the legal and factual aspects of the case. In exceptional circumstances, an extraordinary rem- edy is available for certain final judgments issued by higher courts in civil and commercial matters. This remedy, however, is not automatically applicable to all cases; it is reserved for those meeting specific criteria, generally involving cases of significant legal or eco- nomic importance. The cassation recourse ( recurso extraordinario de casación ) allows the Supreme Court of Justice to review a decision for legal errors, ensur- ing the consistent interpretation and application of the law. This process focuses on reviewing the legal grounds rather than re-evaluating the facts of the case. The key requirements for a cassation appeal are: (i) eligibility, meaning only judgments meeting a defined economic threshold or those with particular legal rel- evance qualify; and (ii) valid grounds, meaning the plaintiff must demonstrate that the lower court’s ruling involved a substantial legal misinterpretation or pro- cedural violation to justify this extraordinary recourse. This remedy aims to unify legal doctrine and correct serious judicial errors, rather than serving as a third level of appeal, thereby preserving legal certainty and coherence within Colombia’s judicial system. Financial consumers, such as policyholders, insured parties, and beneficiaries under an insurance contract, can also utilise the consumer protection action, which empowers the SFC to resolve disputes by acting as a judge. Law 1480 of 2011, also known as the Con- sumer Protection Statute, grants the SFC jurisdic- tional authority to resolve disputes between financial consumers and the financial institutions it supervises. The SFC can mediate and resolve disputes involving violations of consumer rights in the financial sector. The SFC’s decisions are binding on financial institu- tions, providing a direct and efficient remedy for con- sumers without the need to pursue ordinary judicial proceedings. The SFC’s process is designed to be accessible and efficient, enabling financial consum-
ers to seek protection and resolution in a streamlined manner. The CGP’s verbal summary process and Law 1480’s jurisdictional provisions for the SFC demonstrate Colombia’s commitment to accessible and efficient legal pathways, particularly for consumers and minor disputes. The verbal summary process is a streamlined legal proceeding designed for straightforward cases requir- ing faster resolution than the standard verbal process. A single hearing addresses conciliation, evidence admission, and arguments, allowing the judge to issue a judgment immediately or shortly thereafter. This pro- cess is used for cases involving low-value claims or more straightforward disputes, such as minor con- tractual issues, where a rapid judgment is beneficial. If the value of the case exceeds a specific threshold, the SFC’s decision can be appealed to a Circuit Judge ( Juez Civil del Circuito ), who will then follow the other remedies available in the verbal proceeding. 9.4 Enforcement of Judgments Colombia allows for the recognition and enforcement of foreign judgments. Under Articles 605 to 607 of Colombia’s CGP, the recognition and enforcement of foreign judgments are governed by specific criteria that ensure the compatibility of international decisions with Colombian law. Foreign judgments require a process called exequatur to be recognised and enforced in Colombia. This is a judicial procedure in which the Supreme Court of Justice assesses whether a foreign decision meets Colombian legal standards. The requirements for rec- ognition are the following: • Jurisdiction: Under Colombian law, the foreign court must have had jurisdiction over the matter. • Due Process: The judgment must have been issued in a process that respects due process rights, including adequate notice and an opportunity to be heard. • No Conflict with Public Policy: The judgment should not contradict Colombian public policy or fundamental principles.
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