Category Archives: Dispute Resolution

Good Faith: The Silent Pillar of Arbitration

Carolina Diab – Special Counsel, Guatemala In arbitration—as in life—not everything is written. Beyond rules, deadlines, and formalities, there exists a principle that silently upholds the legitimacy of the process: good faith. It is not always mentioned and is rarely expressly regulated, yet when it is absent, arbitration suffers and loses its essence. Revisiting this…

The Arbitration Clause in Lease Agreements: Practical and Legal Implications of Not Excluding Eviction

Author Felipe Fernández Associate Costa Rica E-mail Arbitration clauses in real estate contracts have become increasingly common, primarily because of the advantages arbitration offers as an alternative dispute resolution mechanism: greater speed, confidentiality, and technical specialization of arbitrators. However, there are situations in which such a clause can be counterproductive and, instead of providing efficiency…

The Effective Response to Overloaded Courts

Author https://blplegal.com/wp-content/uploads/2024/07/ART-Nearshoring-y-su-Impacto-en-Guatemala_FOTO.png Rodolfo Salazar Partner Guatemala E-mail Guatemala and various other countries face a scenario where the courts are overloaded with cases. This situation has led to long waiting times for court rulings, resulting in slow and sometimes ineffective access to justice. In this context, arbitration emerges as an alternative method of conflict resolution that…

Criminal Liability of Legal Entities

Authors https://blplegal.com/wp-content/uploads/2024/06/Art-Responsabilidad-penal-de-las-personas-juridicas_FOTO.png Fernando Zelada Director Guatemala E-mail Under the basic principles of criminal law, only individuals can commit crimes. Legal entities themselves cannot do so.  However, legal entities can incur criminal liability, whether through intent or negligence, due to the actions or omissions of their directors, managers, executives, representatives, administrators, officials, or employees who have…

The DIACO and its sanctioning processes

The Directorate of Consumer Attention and Assistance (DIACO), a dependency of the Ministry of Economy of the Republic of Guatemala, is the authority in charge of any administrative sanctions derived from the dissatisfaction of consumers of products or services through administrative complaints.  The Consumer and User Protection Law (CUPL) and its respective regulations establish a…

BLP promotes a specialist in criminal law to Partner

BLP is proud to announce the promotion of Alejandro Rojas to Partner. Rojas, who previously served as Special Counsel of our firm in San José, Costa Rica is an accomplished legal professional with over 25 years of experience in criminal law. Rojas has ample expertise in the field of criminal law, having served as the…