GUATEMALA Law and Practice Contributed by: Claudia Pereira, Carlos Ortega and Juan Pablo Gramajo, Mayora & Mayora, S.C
9. Foreign Direct Investment/ Subsidies Review
Lastly, a cassation ruling may be subject to a writ of constitutional protection ( amparo ) before the Constitutional Court, alleging that a right has been violated or unduly protected by the ordi - nary courts. 8.2 Typical Timeline for Appeals Timelines for administrative remedies within the Superintendence are unknown, as it has not yet commenced operations. The timelines will depend largely on its own internal organisation and operation. Consequently, there are no prac - tical examples of successful challenges. Suits filed before the Contentious Administrative Court, and their eventual challenges before the Supreme Court and Constitutional Court, could take approximately three to six years in total. 8.3 Ability of Third Parties to Appeal Clearance Decisions Administrative remedies, and their judicial and constitutional review, are normally available only to the parties involved in the specific administra - tive procedure. There are some scenarios in which third parties may request to be involved in the proceedings before the Contentious Administrative Court, which would enable them to file for cassation and constitutional protection against the ruling. There are also some instances in which third par - ties may directly file for constitutional protection against decisions from cases in which they were not involved. However, the admission of legal standing for such claims is complex and varies from case to case. It remains to be seen if and how they may be used in matters of competition law.
9.1 Legislation and Filing Requirements The Foreign Investment Act (Decree 9-98) enshrines the principle that a foreign investor shall have the same rights and treatment as nationals, prohibiting any acts of discrimination against them, except in specific cases foreseen in the Constitution, sector legislation, or invest - ments derived from treaties establishing eco - nomic or customs unions, common markets or free trade zones.
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