Looking for the Chambers of Trade and Production may have in their jurisdictions a Courts of Arbitration and Alternative Conflict Resolutionwith legal personality, in order to resolve differences that arise between two or more natural or legal persons, a bill that would reform Law No. 50-87.
The initiative was presented on March 5 by the senator of the National District, faride raful.
Among its considerations, the initiative establishes that with the approval of Law 489-08, on arbitration commercial and the evolution of practices in matters of arbitration From a comparative point of view, the need arose to modify Law No. 50-87, through Law 181-09.
This last initiative establishes, in its article 15, that the Chambers of Trade and Production can create a Center for Alternative Dispute Resolution, with legal personality.
The proposed piece would modify that article so that said chambers can create, instead of those centers, Arbitration Courts and Alternative Conflict Resolution.
It adds that this conformation would be carried out when there are differences between natural or legal persons who have agreed to submit their resolution to the methods and regulations of the chamber in question.
The proposed law would modify paragraph III, of article 15, on types of controversies and indicates that Arbitration Courts and Alternative Dispute Resolution may hear all types of disputes that may be negotiated, including those in which the State or any of its dependencies is a party.
It establishes that these dependencies include city councils, autonomous or decentralized companies or institutions, or any other with legal personality.
While paragraph V of article 15 states that the solution of disputes submitted to the Court is private and confidential and will be governed by the rules and procedures in force at the time the request or claim is submitted, unless the parties have agreed otherwise.
It states that “the rules and procedures established by the Court must be contained in the regulation(s) prepared for that purpose by the Board of Directors and approved by the Board of Directors of the Chamber. The Management Firm can also adopt internal rules of procedure”.
He too bill states that the Court of Arbitration and Alternative Conflict Resolution will be directed by a Board of Directors, which will be made up of 15 members, who will be elected every two years.
