This index compares the strength of countries’ arbitration regimes by examining the laws and regulations governing domestic and international arbitrations, as well as the countries’ adherence to specific international conventions.

Question	Answer
* Does your national law recognize arbitration as a means of dispute resolution between private parties in commercial transactions?	Yes
* Has your country enacted a specific statute on commercial arbitration?	Yes
Please list the relevant laws and the years of their adoption	Arbitration Law, Decree 67-95 ("Ley de Arbitraje"), adopted in 1995.
* Please indicate the Web site(s) where the statute(s) can be consulted	www.congreso.gob.gt
Is the statute based on UNCITRAL?	Yes
Comment	Guatemalan law on arbitration allows for a motion to review the award, which is to be admitted only if the conditions contained in the law have occurred. In Guatemala, arbitration can be used ...moreonly in cases that are not subject to a specific procedure established by law. ...less
Are there other codes, statutes or legislative provisions governing commercial arbitration in your country?	No
Please list the relevant laws and the years of their adoption	N/A
List web sites	N/A
Definition of domestic arbitration	Guatemalan law does not provide a definition of domestic arbitration, but it does establish a definition for international arbitration. All arbitration which is not international, is, therefore, do ...moremestic. ...less
Definition of international arbitration	Arbitration is considered internationa if one of the following conditions is present: a) the parties have different domiciles at the moment of execution of the arbitration agreement; b) o ...morene of the following places is located outside the State where the parties have their domicile: (i) the place of arbitration if it has been determined in the arbitration agreement or in accordance with the arbitration agreement; or (ii) the place of performance of a substantial part of the obligations arising from the commercial relationship or the place with which the subject of the controversy has a closer relationship; or c) the parties have expressly agreed that the subject matter of the arbitration agreement is related to more than one State. ...less
* Are the following types of disputes arbitrable under your country’s national law: (a) Disputes involving rights over immoveable property located within your country:	Yes
* (b) Any intra-company disputes( e.g., disputes over decisions made by the executive bodies of a corporation):	Yes
* (c) Disputes involving shareholder arrangements:	Yes
* (d) Disputes involving patents/trade marks (excluding administrative actions):	Yes
(e) Securities transactions:	Yes
List any additional commercial matters not listed above which are not arbitrable under your national law:	The way the Arbitration Law is written prevents many matters from being arbitrated, i.e. if the law contains a specific procedure with regard to a subject matter, that matter cannot be subject to ar ...morebitration, even if the parties agreed to arbitrate it. These are: Matters, with regard to which a judicial verdict has been issued (except matters related to its enforcement); Matters with regard to which the parties are not free to choose jurisdiction/arbitration; Matters expressly prohibited by law from being arbitrated or with regard to which the law already establishes a specific judicial procedure; Family and labor law matters. ...less
* Under your national law, is an arbitration agreement severable from the main contract?	Yes
* Can an arbitration agreement be incorporated by reference?	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (a) by electronic communication, including email	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: (b) by fax	Yes
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by oral agreement	No
* Can the following method of concluding an agreement constitute a binding arbitration agreement: by conduct e.g., performance on the part of one party	No
* Has your country ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards?	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (a) Concession agreements	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (b) Infrastructure contracts (e.g, construction contracts)	Yes
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (c) Contracts dealing with natural resources (e.g., contracts dealing with water rights, mining, oil and gas, etc.)	No
* Under national law, are the state and state entities allowed to enter into arbitration with foreign owned companies in connection with the following: (d) Other types of contracts/transactions (please list all that apply in the “Comments” column)	Yes
Comment
* Has your country ratified the ICSID Convention?	Yes
** Has your country adopted a specific statute on commercial mediation or conciliation of commercial disputes?	No
Comment	N/A
Additional comment	Nowadays, arbitration is a highly sought after method of dispute resolution, because it solves the issues of time and confidentiality associated with judiciary proceedings. However, it would be bene ...moreficial not to limit the matters that can be resolved through arbitration just because the law provides for a specific procedure. ...less

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This index compares the extent of judicial assistance before, during, and after the arbitration proceedings.

Question	Answer
* Have the courts in your country stated a “pro-arbitration policy”, i.e., a general policy in favor of enforcing arbitration agreements and arbitration awards, in applying your national law of arbitration In domestic/international arbitrations taking place in your country?	No
Comment	N/A
* If the parties have expressly agreed (i.e., in writing) that the arbitration tribunal can rule on its own jurisdiction, will that be upheld by your national courts?	Yes
Comment	N/A
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration In domestic/international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* If a party brings an action in a court of your country with respect to a dispute that the parties have previously agreed (in a valid arbitration agreement or other writing) must be arbitrated (either in your country or elsewhere) how frequently would the courts in your country decline to hear the case and refer the parties to arbitration in international arbitrations taking place in your country? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
Comment	Guatemalan law provides that by entering into an arbitration agreement, the parties bind themselves to submit their disputes to arbitration. The existence of the arbitration agreement will prevent a ...moreny legal action in court in connection with the arbitrable dispute, unless a party invokes the exception of incompetence. ...less
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In domestic arbitrations taking place in your country?	Yes
* Does your national law provide for domestic courts to assist the arbitration process by ordering the production of documents or the appearance of witnesses In international arbitrations taking place in your country?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted In domestic arbitrations?	Yes
* Are requests for court assistance by ordering the production of documents or the appearance of witnesses generally granted in international arbitrations?	Yes
Comment	The Code of Civil and Commercial Procedure contains provisions on collection of evidence and states that courts are required to assist arbitration tribunals in resolution of cases. The arbitration t ...moreribunal can request assistance, in writing, from a domestic court either: (i) to oversee production of evidence under the exclusive direction of the domestic court; or (ii) to order the production of evidence under the direction of the arbitration tribunal. ...less
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In domestic arbitrations taking place in your country?	Yes
* Does your national law provide for your courts to assist the arbitrators or parties by granting interim relief to prevent immediate and irreparable injury (e.g., preliminary injunctions, the sequestration of property) while the arbitration is pending or before the arbitration has commenced In international arbitrations taking place in your country?	Yes
* If an immediate need can be shown, how often do courts grant interim relief requests for assistance? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
List the law and article which provide for courts' assistance with interim relief.	Code of Civil Procedure
Comment	Arbitration tribunals tend to avoid requesting the assistance of domestic courts due to courts' lack of credibility.
Given the amount of the arbitration award ($US100, 000) and the location of the assets (your country's largest business city), what court in your country has jurisdiction to enforce an arbitration award rendered in your country (in domestic or international proceedings)?	Civil Court of First Instance of Guatemala Department
** Is the court for enforcement of arbitration awards rendered in your country, a higher level court or a specialized court?	No
* May a judgment of that court enforcing the award be appealed to a higher court or courts?	Yes
May a judgment of that court denying enforcement of the award be appealed to a higher court or courts?	No
If Yes, indicate the name of the court(s) of appeal	Court of Appeals
* In the case of a domestic award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	No
* In the case of an international award, if a party brings an action in court to set aside (vacate or annul) a domestic arbitration award against it, is the court authorized to review that award on the merits?	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?	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?	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: Award deals with matters outside the scope of the arbitraton agreement?	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: Arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	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: Subject matter of the dispute not subject to arbitration?	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: Enforcement of the award would be contrary to country's public policy?	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: Error of law?	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: Award not supported by substantial evidence?	No
Under your national law, list any additional grounds under which the domestic award rendered in favor of GlobiCo may be denied confirmation or enforcement, or be set aside, annulled or vacated, by a court in your country.	(i) Composition of arbitration tribunal not in accordance with the parties' agreement or with the governing arbitration law; (ii) Award is still not compulsory for the parties or has been annul ...moreled or suspended by a domestic court of the country, in which or in accordance with the law of which the award was rendered. ...less
* What is the likelihood that your courts would enforce a domestic arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* What is the likelihood that your courts would enforce an international arbitration award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	30
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	120
Number of days on average necessary to enforce a domestic and international arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	273
* Number of days on average necessary to enforce a domestic and international arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	60
Comment	N/A
Given the amount of the foreign arbitration award ($US100, 000) and the location of the assets (your countrys' largest business city), what court in your country has jurisdiction to enforce a foreign arbitration award (i.e. an award rendered outside of your country)?	Civil Court of First Instance of the Department of Guatemala
** Is the court for enforcement of arbitration awards rendered outside your country, a higher level court or a specialized court?	No
* May a judgment of that court enforcing the award or denying enforcement be appealed to a higher court or courts?	Yes
If Yes, indicate the name of the court(s) of appeal	N/A
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "invalidity of the underlying arbitration agreement or lack of capacity of a party"?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of lack of a fair hearing?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award deals with matters outside the scope of the arbitraton agreement?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the arbitration procedures not in accordance with the parties' s agreement or the governing arbitration law?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the award was set aside in the country where it was made?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground that the subject matter of the dispute not subject to arbitration?	Yes
Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of public policy?	Yes
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of "error of law"?	No
* Under your national law may an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts on the ground of that the award not supported by substantial evidence?	No
* Under your national law, list additional grounds under which an arbitration award rendered in another country be denied recognition or enforcement by your country’s courts	(i) Composition of arbitration tribunal not in accordance with the parties' agreement or with the governing arbitration law; (ii) Award is still not compulsory for the parties or has been annul ...moreled or suspended by a domestic court of the country, in which or in accordance with the law of which the award was rendered. ...less
* What is the likelihood that your courts would enforce a foreign award if no objection to enforcement were filed? Answers: 1=Rarely; 2=Usually; 3=In all or nearly all cases	3
* Number of days on average necessary to enforce a foreign arbitration award in your country: (a) From the filing of an application for enforcement to the date of a hearing for such an application in the first instance court ?	30
* Number of days on average necessary to enforce a foreign arbitration award in your country: (b) From the date of the first hearing to the first instance court decision, if no objection to enforcement has been filed?	120
Number of days on average necessary to enforce a foreign arbitration award in your country: (c) From the first instance court decision to the decision of the final court of appeal (assuming that all avenues of appeal were pursued). In the second column, please list all relevant courts of appeal?	273
* Number of days on average necessary to enforce a foreign arbitration award in your country: (d) From the final court decision granting enforcement to GlobiCo obtaining a writ of execution attaching Supplier’s assets (e.g. bank account)?	60
Comment	No appeals of the first instance court decisions are permitted by law.
* In arbitrations involving a state or state entity, can your court(s) review the arbitration award on its merits in connection with recognition and enforcement proceedings?	No
Additional Comment	N/A

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