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Honduras: Swift justice

Thursday, May 23, 2013


Currently, many civil cases are resolved in terms of between six to eight months, following the entry into force of the new Civil Procedure Code.

The Code has had two years of operation: however, its impact is only just starting to feel significantly, after a period of adaptation.

Previously, a civil suit could last up to 20 years, due to the need for a written, formalistic process, and the possibility of a long series of ordinary and extraordinary appeals.

By contrast, the new scheme is based on an oral system that streamlines the new procedures.

Although the process starts with written briefs, the rest of the procedure is oral.

Another new element is related to arbitration, which was not properly developed, under the terms of the previous regime.

Currently, the Code strengthens arbitral jurisdiction, and establishes the procedure for the enforcement of awards issued by these courts, as well as to establish the means of assistance to arbitral tribunals.

The new code further provides the necessary structure for the implementation of new legislation such as the new Law for the Promotion and Protection of Investments, which establishes jurisdiction arbitration as a primary way to resolve conflicts.

For more information, please contact Ulises Mejia at [email protected], or (504) 2221-1002