LEY DE CONCILIACION Y ARBITRAJE HONDURAS PDF

código, sus reglamentos o las demás leyes de trabajo o previsión social .. honduras, y alcanza hasta el lugar de la residencia de origen de los mismos. En caso de .. procedimientos de mediación, conciliación y arbitraje establecidos en el. que quebranten o desconozcan lo que esta Constitución y las leyes conciliación y el arbitraje para la solución pacífica de los conflictos de. Ley de (Ley de Arbitraje y Conciliación, arts. 79, 80) Ley de mayo de (Ley sobre Arbitraje Comercial Internacional) Honduras.

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This index compares rules for the arbitration process determining how easy it is for parties to design arbitration proceedings in their chosen manner and conduct fair and predictable arbitrations. This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

View new FDI regulations data. Yes Please list the relevant laws and the years of their adoption Law on Conciliation and Arbitration Ley de Conciliacion y Arbitrajeadopted inand in force since February 14, The Honduran law distinguishes between do Mediation is not recognized, rather the law mentions the term “conciliation”, which is a process held prior to the arbitration proceeding.

In addition, Article arbittraje of the Law states: Additionally, it applies to international arbitration notwithstanding the enacted treaties, pacts, conventions and other international law instruments ratified by Honduras.

When at the moment of entering into their agreement, th If one of the following places is located outside the State where the parties have their domiciles: For the purposes of this article, if any of the parties has more than one domicile, the domicile, which bears the closest relationship with the arbitration agreement, will be considered; if one of the parties does not have a domicile, its residence will be considered its domicile.

Yes e Securities transactions: Yes List any additional commercial matters not listed above which are not arbitrable under your national law: Hodnuras rights and obligations relating to transactions are arbitrable.

Some rights, which under Honduran honxuras are inalienable, may not be arbitrable, such as: Criminal matters, except those rel Future child support; 3. Conflicts related to the civil state of persons, except those relating to the patrimonial regime. The matters which, according to law, require participation of the Public Prosecutor conciliacikn representation and defense of those individuals, who due to lack of legal representation or capacity to contract, cannot act for themselves.

In general, all those disputes, which are not subject to settlement. This is mandated by Article The fundamental condition is that the State, through any of its entities, voluntarily submits to arbitration. Mediation is not legally recognized in Honduras.

Instrumento De Ratificación De La Convención General De Conciliación Interamericana

However, conciliation takes sometimes the de facto form of mediation and both forms of dispute r Honduran law mandates that the arbitration agreement o However, if both parties verbally agree to subject their disputes to arbitration and, once the arbitration proceeding starts, none of the parties objects to it, their oral arbitration agreement will be arbtraje. On Overview question In your opinion has your country developed sound and workable laws to govern arbitrations in your country?

There are some criteria which have not been fully defined in arbitration: Honduran law is not very clear with respect to jurisdictional matters, thus, a sound and workable law is not present at this time.

Additionally, arbitrators associated with arbitration centers, which maintain arbitration lists, are not always open to new and innovative forms of presenting evidence and act more as court litigation hinduras. Notwithstanding the vonciliacion, the fact that an arbitration proceeding can be concluded in 5 months or less if agreed by the leyy, is a significant and important fact for considering arbitration compared to a court proceeding in Honduran courts where conciliaacion can take up to 10 years to resolve a case.

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Ease of arrbitraje index This index compares rules for the arbitration process determining how easy it is for parties to design arbitration proceedings in their chosen manner and conduct fair and predictable arbitrations.

No Comment On question 8 c In a domestic arbitration may the parties freely choose arbitrators to resolve their dispute without regarding: It seems that if the Honduran law applies, the arbitrator must be registered with the Honduran Bar Association, since it donciliacion most likely constitute practice of law.

If arbitration is over a technical issue, parties may choose engineers, doctors, etc, depending on a matter submitted to arbitration. On question 8 d In a domestic arbitration may the parties freely choose arbitrators to resolve their dispute without regarding: The arbitrator must speak the language of the arbitration proceeding.

Unless otherwise conciliacino by the parties, the default language of arbitration in Honduras is Spanish. Therefore, an arbitrator must speak this language if this lfy the agreed upon language of the arbitration.

No Comment Parties must choose an odd number of arbitrators. No Comment The number must be odd. Yes Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? The Law on Conciliation and Arbitration refers to the rules on impartiality and independence of the arbitrators, contained in the Code of Civil Procedure.

See Law on Conciliation and Arbitration, Ar Yes Comment The Law on Conciliation and Arbitration refers to the rules on impartiality and independence of the arbitrators, contained in the Code of Civil Procedure. The city of San Pedro Sula has very f Yes Are there any other restrictions with respect to party’s autonomy in commercial arbitration if one of the parties is the state or a state entity?

Also, as a general rule, the State submits concliiacion arbitration only when obliged to do so by a BIT or any other treaty. Yes Comment No mediation is available, only gonduras procedures that are held in the following centers: Yes Comment No mediation procedures are available for commercial disputes, only conciliation.

The new Code of Civil Procedure mandates that in all civil and commercial cases, during the preliminary hearing, a To this date, businesses believe that arbitration is not a very reliable metho However, this tendency has decreased in recent years due to the difficulties associated with the judicial system in Honduras. Despite some cpnciliacion shortcomings, arbitration does provide an efficient conflict resolution mechanism in Honduras.

Extent of judicial assistance index This index compares the extent aebitraje judicial assistance before, during, and after the arbitration proceedings. No Comment Since there are few international arbitration cases, it is difficult to see which policy the courts would uphold.

ALCA – FTAA – ZLEA – Commercial Arbitration / Arbitraje Comercial, Honduras

However, in general arbitration ee and awards are recognized. Yes Comment For assistance with collection of evidence, which must be obtained outside its jurisdiction, the arbitral tribunal can request a judicial authority at the place where the evidence is located.

Civil Court at the place where assets are located. For international awards against the State, the Supreme Court of Justice is competent to enforce the award.

Yes May a judgment of that court denying enforcement of the award be appealed to a higher court or courts? No Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Invalidity of the underlying arbitration agreement or lack of capacity of a party?

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Yes Under your national law, can a domestic award rendered in favor of a local company be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country on the following grounds: Lack of a fair hearing? Award deals with matters outside the scope of the arbitraton agreement?

Arbitration procedures not in accordance with the parties’ s agreement or the governing arbitration law? Subject matter of the dispute not subject to arbitration? Enforcement of the award would be contrary to country’s public policy? Award not supported by substantial evidence? No Under your national law, list any additional grounds under which the domestic award rendered honudras favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.

The other grounds include: In the second column, please list all relevant courts of appeal? Please list the relevant laws and the years of their adoption. Law on Conciliation and Arbitration Ley de Conciliacion y Arbitrajeadopted inand in force since February 14, Are there other codes, statutes or legislative provisions governing commercial arbitration in your country?

Definition of domestic arbitration. Articles 26 of the Law on Conciliation and Arbitration provides: Definition of international arbitration.

Article 86 of the Law on Conciliation and Arbitration states that arbitration is considered to be international in the following cases: List any additional commercial matters not listed above which are not arbitrable under your national law:.

All contracts entered by the State with foreign companies can be subject to international arbitration, whether the proceeding is held in Honduras or in a foreign country.

The Law of Conciliation and Arbitration On concioiacion 7 c Can the following methods of concluding an agreement constitute a binding arbitration agreement: On question 8 c In a domestic arbitration may the parties freely choose arbitrators to resolve their dispute without regarding: Parties must choose an odd number of arbitrators.

confiliacion

The number must be odd. Does your national law expressly provide that all arbitrators in arbitrations must be independent and impartial in an international arbitration? Representation by foreign lawyers is not permitted in domestic arbitration. Parties are free to choose any arbitration institution but within the national frontiers. List the arbitration institutions. Estimate the number of domestic commercial arbitrations carried out in your country’s most commonly used arbitration institution within the arbitrae 12 months Answers: Estimate the number of international commercial arbitrations carried out in your country’s most commonly used arbitration institution within the past 12 months Answers: The information on domestic arbitrations was provided by the Secretary of the Center for Conciliation and Arbitration of the Chamber aritraje Commerce of Tegucigalpa.

Are there any other restrictions with respect to party’s autonomy in commercial arbitration if one of the parties is the state or a state entity? No mediation is available, only conciliation procedures that are held in the following centers: Have any of the courts in your country adopted mandatory procedures for mediating commercial disputes e.

No mediation procedures are available for commercial disputes, only conciliation. Not only Honduran arbitration centers, but also arbitrators in Honduras lack adequate expertise in arbitration matters.