Until now, to collect on an obligation backed by an enforceable title, it was necessary to go to court. However, this will change with Law 2540 of 2025. This law introduces a structural transformation into the Colombian judicial system with the creation of the executive arbitration proceeding, as an alternative mechanism that allows enforcement proceedings to be handled through arbitration.
With this measure, the legislator seeks to relieve the burden on ordinary judges and open a specialized space that operates under its own rules. Unlike other schemes, this arbitration is exclusively institutional, does not allow for ad hoc arbitration, and awards must always be rendered in accordance with the law. It expressly rules out the possibility of decisions based on equity or of a technical nature.
One of the central innovations of this law is the creation of two new figures: the enforcement arbitrator, responsible for conducting the enforcement arbitration proceedings, and the arbitrator of precautionary measures, who may order seizures or attachments before the tribunal is established. To this end, arbitration centers must draw up specific lists of qualified professionals, respecting the minimum requirements for judges in the ordinary courts. The aim is to replicate the guarantees of the traditional enforcement proceeding, but with greater flexibility and agility.
The law also places special emphasis on consumer protection. It requires that any arbitration clause or binding agreement be communicated clearly, transparently and accurately, so that consumers are aware of the implications of submitting their claims to arbitration.
In addition, a right of withdrawal is established, especially in adhesion and financial contracts, which allows the arbitration agreement to be revoked within 60 days of the disbursement of the credit or the commencement of the obligations. Financial institutions are expressly prohibited from making the granting of credit conditional on the acceptance of arbitration.
The law also innovates by expressly regulating the enforcement of mortgage loans in arbitration. Although it allows the parties to agree on arbitration agreements in mortgages, it excludes the possibility of submitting loans for social housing or those in which minors live to arbitration. In mortgage proceedings that can be processed, the court fees and expenses will be borne exclusively by the enforcing creditor, without the possibility of transferring them to the debtor. This introduces a balance between procedural efficiency and social protection.
Another relevant aspect is the incorporation of social enforcement arbitration, designed for small claims. This scheme will be free of charge, will not require legal representation by a lawyer, and may involve the participation of students from legal clinics or the judiciary, supervised by arbitration centers. The aim is to broaden citizens’ access to arbitration and prevent costs from becoming a barrier to entry for those with small claims.
Finally, Law 2540 of 2025 could become a milestone in the modernization of executive judicial proceedings in Colombia, consolidating arbitration not only as an alternative to judges, but as a true complement to guaranteeing the effectiveness of rights.
The law will come into force in five months, on February 27, 2026.
If you require advice on how to proceed with executive arbitration, please do not hesitate to contact us. Our team is ready to help you understand and manage these changes effectively.