Arbitration in Central America (Part 2)

Throughout the region, arbitration and conflict resolution laws recognize and reflect the fundamental principle of "judicial assistance."

Thursday, June 11, 2009

Part 2 of the analysis by Álvaro Castellanos Howel in an article published in the blog section of Eleconomista.net insists on the idea that judges should be limited to serve as assistants in the processes of private arbitration.

Castellanos Howel stated, "One must note that the judicial assistance or advising that is referred to in this article is one that is required during the arbitration process and not the judicial intervention, as it normally exists when a finding is already issued, where it's possible to put forth the annulment of the same. Or, rather, where it is necessary to require compulsory execution of said finding in the case of a rejection by one of the parties, or both, regarding voluntary compliance.

More on this topic

Panama: International School of Maritime Arbitration

May 2014

The growth projected in the maritime industry is encouraging the creation of an entity focused on reconciliation and conflict resolution between shipping companies and businesses.

Promoting commercial arbitration as a method of conflict resolution and seeking to consolidate Panama as a competitive regional logistics center, the Maritime Chamber of Panama in the country is looking to establish an International School of Maritime Arbitration.

Conciliation and Arbitration Centers in Costa Rica

March 2013

While conventional courts take between 4 and 7 years to rule on a case, conciliation and arbitration centers do so in between 8 and 10 months.

The country currently has 15 centers and 17 Justice Houses of a public nature for alternative dispute resolution.

One example is the Alternative Justice Center created by the Lawyer's Association of Costa Rica, in January 2012, which in less than a year has resolved between 28 and 30 processes of conciliation and arbitration. However, it took 8 years to enter into play with other organizations who had already been in operation for over a decade, and are authorized by the State to conciliate and arbitrate conflicts.

Center for Alternative Dispute Resolution

December 2011

The Lawyers Association of Costa Rica has opened a mediation or arbitration center, which can be used for work, family, commercial or civil conflicts.

Covered by the Law on International Commercial Arbitration May 2011, the Center for Alternative Justice and Lawyers Bar Association of Costa Rica also aims to host international arbitration.

Arbitration in Central America

April 2009

The region already has rules for arbitration and other alternative methods for conflict resolution that are in line with international standards regarding arbitration.

The analysis of Álvaro Castellanos Howel in the article published in the Eleconomista.com Blogs section focuses on the need for the state judicial system to understand its role in assisting and working with arbitration and dispute resolution systems.

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