| Popis: |
Guatemalan law distinguishes the applicability of non-State law to govern international contracts depending on the agreed-upon dispute resolution mechanism, as State Courts interpret the domestic law as restrictive in favor of State Law. The use of instruments such as the UPICC, however, is allowed to both judges and arbitrators for supplementary or interpretative purposes. Yet, there are no reported cases of Guatemalan courts having used the UPICC. The authors continue by comparing several provisions of the UPICC with their counterparts in Guatemalan legislation. The authors conclude by emphasizing the potential use of the UPICC in Guatemala while acknowledging that the conditions for its use are more favorable in Arbitration than in a Judicial setting. |
