Colombie : le Conseil d'Etat compétent pour juger de recours en annulation contre une sentence arbitrale
| Auteur | Legal News |
Dans une décision en date du 21 mars 2007, le Conseil d'Etat colombien a réaffirmé sa compétence dans le cadre d'un recours en annulation contre une sentence arbitrale. En l'espèce, le requérant soulevait l'incompétence du Conseil d'Etat estimant que seul le tribunal supérieur est compétent dans la mesure où les contrats de droit privé conclus par les personnes morales de droit public ne sont pas des contrats administratifs. Le Conseil d'Etat a rappelé que la juridiction administrative est compétente pour connaître des différends portant sur des contrats de droit privé dès lors qu'ils sont conclus par des personnes publiques. Il a également rappelé le caractère extraordinaire du recours en annulation contre une sentence arbitrale...
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