Reforms to the administrative procedure for handling consumer complaints in Costa
| | |

Reforms to the administrative procedure for handling consumer complaints in Costa

With the aim of expediting the handling of complaints, recent reforms have been implemented in the administrative procedure for consumer protection. Among the most notable changes is the transition to a predominantly written process, characterized by the elimination of the in-person conciliation hearing as well as the elimination of remote conciliation. With this change, the…

The complementarity rule in the sub-motives of misapplication of law and violation of law by omission within the cassation appeal. Part II
| | |

The complementarity rule in the sub-motives of misapplication of law and violation of law by omission within the cassation appeal. Part II

In the previous article, I discussed the reasonableness of the complementarity rule between the cassation sub-motives (substantive motives) of Misapplication of Law and Violation of Law by Omission (non-application) as established by the Supreme Court of Justice, Civil Chamber. In essence, it has been established that for the admissibility of these sub-motives, when alleging the…

Change of name and/or surname due to abandonment in El Salvador
| |

Change of name and/or surname due to abandonment in El Salvador

On February 18, 2022, the Constitutional Chamber of the Supreme Court of Justice of El Salvador – hereinafter referred to as “SCN” – issued the judgment of the unconstitutionality process with reference 33-2016/195-2016, which brought to light two current debates in Family Law in general. These debates concern the possibility for an individual to change…

Soft skills, essential for success in business
| |

Soft skills, essential for success in business

In the competitive business world, the ability to negotiate effectively has become a crucial aspect for the success of companies, lawyers, and their clients. While mastery of technical knowledge and legal strategies is fundamental, the role of soft skills in the legal sector is becoming increasingly important. Companies not only seek lawyers who are excellent…

Digital Disruption of Evidence
| |

Digital Disruption of Evidence

In early February, the XV International Arbitration Congress CAI Costa Rica 2024 was held. This event brought together key figures in Ibero-American arbitration to discuss the latest developments, experiences, and trends in international arbitration. In 2024, I had the honor of moderating one of the final panels of the event, titled “Digital Disruption and Integrity…

Transactional design in the probable event of default in Nicaragua
|

Transactional design in the probable event of default in Nicaragua

The terms of commercial transactions are set by the parties according to market trends. In this reality, lawyers play the role of legal architects during the transactional design process. To the extent that the parties have at their disposal one or more talented, strategic, and experienced legal architects, the conditions are more favorable for any…

How to choose witnesses for an arbitration in Guatemala?
| | | | | | | | | |

How to choose witnesses for an arbitration in Guatemala?

By: Elías Arriaza It is possible that the story told by the plaintiff in its claim is in direct contradiction with the version of the facts asserted by the defendant. In such cases, the Arbitral Tribunal will have a special interest in the evidence provided in order to discover the truth, i.e., what really happened….

Surviving a pathological clause in Nicaragua
|

Surviving a pathological clause in Nicaragua

By: Gerardo Martín Hernández The basis of any arbitration proceeding is the arbitration clause. Based on this clause, the tribunal will be structured, certain procedural rules will be adopted, and the essential aspects of that particular arbitration will be defined. A good arbitration clause guarantees a smooth process, while a bad one is a sure…

Closure of the CCSN Arbitration Center in Nicaragua
| | | | | | | | | |

Closure of the CCSN Arbitration Center in Nicaragua

On Monday, March 6, 2023, was published in La Gaceta Diario Oficial Number Forty-one (41), the Ministerial Agreement Number twenty-seven scripts two thousand and twenty-three scripts OSFL (27-2023-OSFL) of the Ministry of Government of Nicaragua cancelling eighteen (18) non-profit organizations. Among the organizations whose legal personality was cancelled was the Chamber of Commerce and Services…

The binding effect of a judgment declaring the unconstitutionality of a specific case “admissible” for the court that issued it in Guatemala.
|

The binding effect of a judgment declaring the unconstitutionality of a specific case “admissible” for the court that issued it in Guatemala.

By: Diana De Mata I. The Principle Of Constitutional Supremacy In The Jurisdictional Function Within the Guatemalan legal system, the jurisdictional function must be exercised, by constitutional mandate, in strict observance, compliance and protection of the constitutional principle of constitutional supremacy. In the first paragraph of Article 203 of the Constitution, referring to the “independence…

Amparo as a guarantee against the violation of property rights in Guatemala
| |

Amparo as a guarantee against the violation of property rights in Guatemala

By: Luis Pedro Rayo Is Amparo Protected against a registration made based on a false public instrument? Cases of violation of property rights and dispossession of real estate are frequently reported through the use of false public instruments that are fraudulently registered in the Property Registry. In fact, according to data collected by the Observatory…

| |

How to defend against an executory judgment based on a notarial record of outstanding debt when the debt has not been acknowledged by the defendant in Guatemala?

By:  Elías Arriaza The enforcement lawsuit filed based on a notarial act in which the debit balance was recorded in accordance with the creditor’s accounting is probably the most controversial enforcement lawsuit, due to the discretion or abuse to which it may give rise. In fact, there is a bad practice of filing executive lawsuits…