Since February 27, 2026, Colombia has had a new tool for enforcing debt collection: executive arbitration. This mechanism was introduced by Law 2540 of 2025, enacted on August 27 of that same year, and marks a significant change in how enforcement proceedings can be handled in the country.
Until now, when a person wanted to enforce payment of a clear, express, and due obligation contained in an enforceable instrument, such as a promissory note or an invoice, they had to go to court. With this new law, if the parties have previously agreed to an arbitration clause, the process can proceed before an arbitration tribunal instead of the ordinary courts.
The law establishes that this type of arbitration must be institutional, that is, administered by arbitration centers. Furthermore, the award must be based on law and cannot be issued based on equity or technical considerations. Among the new features of the law is the possibility of appointing a single arbitrator for preliminary injunctions, who can order attachments or other measures even before the arbitration tribunal is convened.
With this mechanism, the legislature seeks to offer an alternative for enforcing obligations and help alleviate the backlog in the courts, allowing users to receive faster payment of their debts. The question now is how this will be used in practice and whether the parties will begin to incorporate this mechanism into their contractual relationships.
