Procedures
Written 1964 procedure with oral reform still pending
Civil litigation runs on the Código Procesal Civil y Mercantil (Decreto Ley 107), which remains predominantly written and document-driven. Repeated attempts to enact an oral civil code have not been completed, so delay is structural rather than incidental.
Key rules
- The juicio ordinario is the default; the juicio sumario and juicio ejecutivo handle expedited and enforcement claims.
- Precautionary measures including arraigo and embargo are available before or with the claim.
- Appeal lies to the Salas de la Corte de Apelaciones, then casación to the Corte Suprema on limited grounds.
- Amparo may be used to challenge procedural rulings, which in practice extends timelines considerably.
- Arbitration under Decreto 67-95 follows the UNCITRAL Model Law and New York Convention awards are enforceable.
Governing law
- Código Procesal Civil y Mercantil (Decreto Ley 107)Civil and commercial procedure.
- Ley de Arbitraje (Decreto 67-95)Model Law arbitration.
In practice
An ordinary claim commonly takes several years to final judgment, which makes the CRECIG arbitration centre the preferred route for commercial contracts. Ensure the arbitration clause is expressly in writing and covers the specific dispute.