Aragon & Aragon (Guatemala Law Firm / Abogados en Guatemala)

The complexity every greater time of the international commercial transactions inserted in a globalization process which penetrates, conditions and shocks the entire world; to the inhabitants from different countries that will be commercially interacting, with an amazing speed in the next decades of the XXI century, as a citizen of the world in a level and a really unimaginable proportion until a very few years ago, are some of the reasons or expectations that appear before that formidable alternative in the resolution of conflicts, as it is the international commercial arbitration.

In the medium term it is foreseeable that the industrialist and investor begin to use the arbitration and the mediation as a solution of their conflicts, in his daily and commercial activities, by its doubtless advantages of agility, rapidity, confidentiality, specialty and saving costs, in comparison with the judicial route. These have been some conclusions in that several personalities of the subject have reached. It has been a coincidence with the great utility of the arbitration, especially for the small and medium enterprises and the necessity to disclose on its advantages in the international trade.

Briefly The Arbitration is a technique or method which it is extra judicially used to resolve the differences that interfiled the relations between two or more people, whose aim is agreed the intervention of a third party to resolve them, impartially.

So that the arbitration will be a useful tool is necessary to make the arbitration agreement, namely the existence in the arbitration contracts clause or independent contracts, where the willingness of the parties consists to submit to arbitration so that this procedure is put in place. So, in order to be effective the arbitration agreement, it must contain certain circumstances that the parts must be consenting, such as the language, seat of the arbitration, place of the arbitration, applicable law, among others. For it, the users must consult these facts with professionals in the subject, in this case the Lawyers.

For them we mentioned an interesting contribution of the professional Luis Delgado de Molina, as a representative of Professional Union, where he declared from the principle “Pro arbitration”. He states about the globalization of our society on his intervention, where the volume of the commercial transactions has increased by 1836% in the last years according to the World Bank data. In his opinion, in this “process of globalization of the commercial norms is very interesting and attractive for the companies the use of the arbitration as a method of resolution of its controversies. In this sense, the paper of the Professional Schools, from the point of view of its social function, must be the support and promotion of the arbitration on its sphere of performance as well as the one to be available for the society a listing of referees, able to dissolve certain situations that arise”.

Aragón & Aragón have treated this theme in diverse occasions, and various forums, the diffusion of the arbitration and the mediation in the enterprise weave. We are convinced that the small and medium enterprises may find significant added value when introducing the arbitration clause in their contracts. There is a special emphasis on the so-called “corporate arbitration”.

This type of arbitration " is characterized because the partners include an arbitration agreement in the statutes, by referring to the decision of one or several referees the questions that arise or can arise in matters affecting their relationships or between them and the society and that falls within its power of disposition. Normally the companies include the arbitration agreement in their social statutes and the own partners have freedom to choose whether the arbitration will be of right or fairness.

For it, and to understand deeply the subject, we must consult professionals in the matter, who will expose to us thorough of the advantages of this mechanism according to the tactical mission and they advise to us in the respective process, which is very used in the commercial world. Aragón & Aragón is available to serve to you; we have experience in the subject, contact us.