Enforcement of Arbitral Awards in Colombia: What Will Change with Law 2540 of 2025
Law 2540 of 2025 introduces significant changes to judicial collection proceedings in Colombia, especially for those who use arbitration to resolve commercial disputes. One of the most relevant —and complex— points is Article 28, which regulates the enforcement of arbitral awards.
This change will take effect on February 27, 2026, and it is important to understand it, as it will impact how companies can enforce obligations through arbitration.
What Does Article 28 of Law 2540 Say?
The article establishes that, in national arbitrations, the same tribunal that issued the award may execute it. But this is only possible if the party files the request within 10 business days following notification of the award or the decision resolving its clarification, correction, or amendment.
This also applies when the tribunal has approved a settlement agreement or a transaction, and the interested party later needs to enforce it.
This marks an important change, because until now —under Law 1563 of 2012, the Arbitration Statute— arbitral tribunals could not enforce their own awards. The winning party had to request certified copies and file an executive lawsuit before a civil judge.
How Will Enforcement Before the Same Arbitral Tribunal Work?
If the request is filed within the 10-day deadline, enforcement will proceed as follows:
- If the tribunal was composed of three arbitrators, the president of the tribunal will act as the enforcement authority. If the president does not accept, another arbitrator will take over according to the alphabetical order of their surnames.
- If the tribunal had a sole arbitrator, that same person may enforce the award, provided they accept the assignment.
- If no one accepts, the arbitration center will appoint an arbitrator from its roster to assume this role.
The procedure will follow the rules of the arbitral executive proceeding outlined in Article 15 of the same law. For any issues not covered, Article 306 of the General Code of Procedure will apply.
What Happens If the 10 Days Pass?
If enforcement is not requested within the legal deadline, the law is clear:
It may no longer be executed before the same arbitral tribunal.
In that case, the interested party must convene a new arbitral tribunal for executive proceedings, as long as the arbitration agreement allows for this type of process.
The Arbitration Agreement Must Allow Enforcement
This part is crucial.
To enforce an award before the same tribunal that issued it, the arbitration agreement must expressly state that:
- The use of the arbitral executive proceeding is permitted, and
- The tribunal has jurisdiction not only to decide the dispute but also to enforce the award.
A generic arbitration clause for declaratory disputes is not enough. There must be a specific authorization for executive arbitration.
This also means that if a new tribunal must be convened to enforce the award, this is only possible if the original arbitration agreement explicitly allowed this modality.
Are There Exceptions?
Yes. The law expressly excludes the possibility of enforcing the award before the same tribunal in controversies involving:
- Public entities, or
- Private parties performing administrative functions.
In those cases, enforcement must follow the ordinary procedure established by law.
Why Is This Important for Companies and Creditors?
Starting in 2026, companies will have a faster and more specialized mechanism to enforce an award, as long as they have a well-drafted arbitration agreement.
This could:
- Reduce collection times,
- Avoid judicial backlogs,
- Ensure more technical and efficient enforcement.
However, it also presents a challenge: arbitration clauses must be updated to expressly include the possibility of executive proceedings.
In Conclusion
Law 2540 of 2025 introduces a significant change regarding the enforcement of arbitral awards: the possibility for the same arbitral tribunal to enforce its own decision, provided that the request is made on time and the arbitration agreement authorizes it.
At Trébol Jurídico, we will continue to share updates on legal changes that affect judicial collection and debt recovery processes in Colombia, helping companies anticipate new requirements and operate with greater legal certainty.
