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Enforcing foreign judgments in Guatemala

Monday, October 8, 2012

Any foreigner - whether a natural person or legal entity - should include a clause in the contract with a Guatemalan counterparty, which says that a dispute between the parties is to be settled by arbitration, which can be in any country, which the contract stipulates.

In case of a dispute, which results in a foreigner getting judgment in an arbitration, either on the merits of the case, or because the Guatemalan defendant did not appear, a Guatemalan court will order the judgment of the arbitrator to be carried out in Guatemala.

By contrast, in the absence of an arbitration clause, a Guatemalan court will generally not enforce a judgment, which a plaintiff obtains in a foreign country against a Guatemalan defendant, who fails to appear.

For more information please contact Mario Archila at [email protected] or (502) 2324-3939 / (502) 2279-3939