Gernandt & Danielsson look at the recent trend of bifurcation in Swedish litigation and arbitration
Like most other legal practices, arbitration and litigation are sensitive to trends. Arbitration even more so, due to its flexibility and dispositive nature compared to the many times rigid and robust procedural codes that – for better or for worse – tend to bar more creative approaches from the courts or counsel. Continue reading “Bifurcation – More risk than reward?”
Lenz & Staehelin looks at the complex issue of allocation of transaction costs in Swiss deals
Gün + Partners on the need to clarify the issue of application fees
Under Turkish law, the rules governing the collection of trial fees are regulated by the Law of Fees No. 492 (Law no. 492) and the applicable fees are under Tariff 1 of the Law no. 492. Article 4 of Law no. 492 also explicitly refers to Tariff 1 in terms of the fees applicable in the actions for enforcement of foreign judgments stating that the applicable fee will be determined according to the value, type and nature of the verdict. Continue reading “Riddle of applicable application fee in enforcing foreign judgments”
Mayora & Mayora on Honduras’ legal market and its current trends
What are the key legal frameworks and regulations governing dispute resolution in Honduras?
At the heart of the Honduran legal framework lies our Constitution. This foundational document defines the boundaries within which disputes are adjudicated and resolved.
Complementing this bedrock are other legislative pillars such as the Civil, Civil Procedure, and Commercial Codes. A thorough understanding of these instruments, allows us to navigate through the litigation pathway, ensuring that our clients’ interests are safeguarded with utmost diligence.
Other rules related to business are the provisions in the Labour and Tax Codes, meticulously crafted to address the nuances of employment and tax disputes, respectively.
But our legal tools extend beyond mere litigation. The Arbitration Act provides a robust framework, granting the parties expediency in resolving complex commercial disputes, as well as providing the possibility for professional associations and chambers of commerce to organise their own arbitration centres.
Also, Honduras’ commitment to international law adds another layer of complexity to our practice, should we navigate the web of treaties to which Honduras is a signatory.
Can you provide an overview of the current landscape of the disputes legal market in Honduras, including major law firms and key players?
The legal disputes landscape in Honduras has evolved mirroring the country’s economic growth. Litigators have accumulated expertise in oral judicial and arbitration proceedings since the beginning of this century.
Among others, Arias and its distinguished specialist Fanny Rodríguez, stand out for their effective handling of complex commercial disputes. Juan José Alcerro Milla and Enrique Rodríguez Burchard, from Aguilar Castillo Love, have proven to be experts in the area, garnering legitimate recognition. Consortium’s Gustavo León-Gómez, Rafael Rivera Ferrari and Ulises Mejía have positioned themselves as a prestigious team also.
In parallel, boutique law firms, such as those under the leadership of Leonidas Rosa Suazo, Carlos Fortín, Aldo Cocenza, Fabian Villeda and Eugenia Taixes, deserve acknowledgement.
The gradual development of these firms has contributed to spread the culture of arbitration, instilling confidence in the business community.
Some individual practitioners who cater to diverse types of clients and matters before the courts include Maribel Espinoza, Félix Irías Rodezno, Marcio Barahona, and Max Salgado.
Emphasising specialisation, strategic argumentation, and adaptability, these firms and sole practitioners collectively sculpt the Honduran litigation atmosphere.
How is alternative dispute resolution (ADR), such as arbitration and mediation, commonly utilised in Honduras? Are there any recent trends or developments in this area?
Arbitration and mediation in Honduras have emerged as the preferred means for resolving local or international commercial disputes. Consistent with the principles developed by UNCITRAL, arbitration is particularly conspicuous for business transactions.
The joint efforts of the Chamber of Commerce and Industry of Tegucigalpa (capital city) and that of Cortés (industrial capital city), have significantly promoted arbitration. Proceedings are supervised by each of their arbitration centres (Cortés has recently updated its rules). It is very important to note that the voidance of an arbitral award in Honduras can be submitted to a new arbitral tribunal.
What are the primary types of disputes that businesses and individuals typically encounter in Honduras, and how are these disputes usually addressed through the legal system?
The most common disputes encountered include energy, construction, health, tourism industries, and international trade. All these require sophisticated analysis, prompting tailored counselling to address the unique challenges faced by clients.
The practice of dispute resolution is proportionate to the complexity and economic importance of investments. Compliance, antitrust, insurance, labour and tax matters are usual as well. The crisis on the international transportation of people, cargo, goods, and merchandise, has naturally increased civil and commercial conflicts.
Lastly, as regards to the distribution of imported products, they often lead to disputes over grounds for termination, alongside damages compensation.
What role does technology play in the disputes legal market in Honduras? Are there any advancements or innovations that are shaping the way disputes are handled?
In Honduras, technology plays an insignificant role in litigation, despite gradual improvements following the pandemic.
Collective willingness to embrace technological advances in dispute resolution and adapt traditional practices to meet the imperatives of the digital age, certainly represents an opportunity to increase justice efficiency and accessibility.
How does the legal market in Honduras handle cross-border disputes, and what mechanisms or agreements are in place to facilitate international dispute resolution?
Cross-border litigation in Honduras is managed under several international instruments to which Honduras is a signatory, such as the New York and the Singapore Conventions, in addition to applicable domestic law.
The Arbitration Act of Honduras clearly gives the parties to a cross-border transaction the freedom to submit to international commercial arbitration and to the substantive law of the parties’ choice (not contrary to public order).
Are there specific industry sectors in Honduras that are more prone to disputes, and what unique legal considerations should businesses in those sectors be aware of?
On the side of investment arbitration, as noted above, the energy sector has seen the most cases recently. Regarding commercial arbitration, in our experience, we have noticed a relevant number of disputes related to the construction industry too. Conflicts resulting from private property limits are also constant.
Increase in judicial backlog due to Covid-19 lockdown, discourages its use, thereby evading the search for truth and justice through court or arbitration.
The combination of the above is deemed serious since it may lead to the continuous and unmarked violation of the law or the unfair resolution of disputes, should businesses lean on pacta sunt servanda as the saviour principle of all legal relationships within Honduras.
In light of recent global events or changes in the political and economic landscape, what impact, if any, has there been on the disputes legal market in Honduras?
Globalisation allows that, despite certain weaknesses on the institutional and business environments in Honduras, the country is still the recipient of local and foreign investments.
The biggest investors in Honduras still come from the US and Spain, as well as a few other European and Latin-American countries. Perhaps, Chinese investments are on the horizon, after the recent start of diplomatic bilateral relationships.
Honduras’ legal uncertainty has prompted political turmoil, and the business community is very concerned with this situation.
In the end, litigation demands a confluence of expertise, experience, dedication, and finesse, we must persistently push back and hold the line as lawyers, for the sanctity of justice and the rule of law in Honduras.
Odín Guillén Leiva
Partner, Honduras
E: oguillen@mayora-mayora.com
Iván Flores Hercules
Senior associate, Honduras
E: iflores@mayora-mayora.com
Pedro Canales
Junior associate, Honduras
E: pcanales@mayora-mayora.com
Clyde & Co – Garza Tello on Mexico’s legal market and its current trends
MoloLamken’s Steven Molo and Sara Margolis outline the process and benefits of jury research
Continue reading “Taking an important case to trial: jury research”
Shalakany focus on dispute resolution mechanisms in Egypt
Continue reading “An overview of the Egyptian judicial system”
V&A LAW CENTER, 11th Avenue corner 39th Street, Bonifacio Triangle, Bonifacio Global City 1634, Metro Manila, Philippines | T: +632.8988.6088 | F: +632.8988.6000 | E: litigation@thefirmva.com | www.thefirmva.com
Yulchon LLC’s insight on the Korean Commercial Arbitration Board’s international mediation rules
Among its many endeavours in arduously promoting its many capabilities and qualifications in becoming the next hub for international dispute resolution in North-East Asia, as of 1 January 2024, the Korean Commercial Arbitration Board (KCAB) enacted and enforced its own International Mediation Rules (KCAB Rules or the Rules) with the help of Yulchon’s international dispute resolution team members, namely Mr. Yun Jae Baek, Ms. Hyunah Park and Ms. Seyoung Choe. Continue reading “South Korea’s take on international mediation: The next steps going forward”
Following the refusal of the CAT to allow Dr Gormsen to commence collective proceedings in February 2023, a hearing at the start of January considered the reformulated claim. The revised claim alleged that Meta had abused its dominant position through its collection of ‘off-Facebook data’, and had combined this with data gathered on the platform to enable extremely targeted advertising. Through this collection, and arguing it formed a ‘take-it-or-leave-it’ condition, it was argued Meta had imposed an unfair trading condition on its users, who subsequently had suffered losses of over £2bn.
The reformulated claim was ultimately successful, with the CAT satisfied that there was a clear blueprint to trial laid out and that the ‘Pro-Sys’ test was met. The decision in the certification hearing was eagerly anticipated, in providing insight to the CAT’s ongoing approach to certifying class representatives, and whether they would continue with a low-bar approach. The CAT granted a collective proceedings order (CPO) based on the new application, holding there was an arguable and triable case against Meta. It was clarified that the CAT will be looking closely at funding arrangements at the appropriate stage, and, that collective proceedings were largely encouraged, with the judgment stating that ‘the certification process should be viewed in the light of access to justice’.
Michael Jacobs at Boies Schiller contends that the saga demonstrates the approach of the CAT to ensuring only meritorious claims are heard. ‘At the certification stage, you used to think the CAT would green light everything. In Gormsen v Meta, the tribunal said “hold on, the claim looks badly formulated”, and sent it away to reformulate. The CAT just greenlit bringing the reformulated claim forward. There are checks and balances in place to ensure claims aren’t entirely ill-conceived.’
For Liza Lovdahl Gormsen: Greg Adey (One Essex Court), Robert O’Donoghue KC and Sarah O’Keeffe (Brick Court Chambers) and Tom Coates (Blackstone Chambers) instructed by Quinn Emanuel Urquhart & Sullivan
For Meta: Tony Singla KC, Marie Demetriou KC and David Bailey (Brick Court Chambers), Andrew Lomas (One Essex Court), and James White (Henderson Chambers) instructed by Kim Dietzel and Stephen Wisking (Herbert Smith Freehills)
