BELIZE Law and Practice Contributed by: Nigel Ebanks and Darinka Muñoz, Barrow and Williams LLP
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Belize’s Arbitration Act, Chapter 125 of the Laws of Belize (revised edition 2020), gener- ally governs the conduct of arbitration and the enforcement of arbitral awards in Belize. The Arbitration Act governs local awards under the Geneva Protocol (1923), foreign awards and the enforcement of awards pursuant to the New York Convention (on Recognition and Enforcement of Foreign Arbitral Awards 1973). The arbitral procedure, including the composi- tion of the arbitral tribunal, is generally governed by the will of the parties to the arbitration. 13.2 Subject Matters Not Referred to Arbitration A considerable range of matters are arbitrable in Belize, especially commercial matters. Non- arbitrable matters include those over which the Belize court enjoys exclusive jurisdiction, such as: • criminal matters; • tax matters; • constitutional matters; • public law matters, including those founded in administrative law; • matters concerning the rectification of title to real property; • patent matters; • copyright licensing matters; • divorce matters; and • matters concerning the adoption and custody of children. A particular subject matter may also be deter- mined to be non-arbitrable if the rules chosen by the parties to govern the conduct of their arbi-
that the costs of a claim are assessed by the court. Cost orders are also appealable. 11.3 Interest Awarded on Costs As noted in 9.3 Pre-judgment and Post-judg- ment Interest , interest is usually payable at the rate of 6% on every judgment debt. A judgment debt includes that portion of the debt arising from the order for payment of costs in those proceedings. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country As mentioned in 1.4 Legal Representation in Court , 3.1 Rules on Pre-action Conduct and 8.1 Court Approval , there is a growing culture of using ADR mechanisms in Belize. Lower costs, simplified processes and quicker results are all factors motivating parties to approach ADR with increasing openness and acceptance. 12.2 ADR Within the Legal System A court may refer a claim to court-connected mediation even if the parties do not consent. There is also a system of court-connected arbi- tration. 12.3 ADR Institutions As mentioned briefly in 8.1 Court Approval , there is a roster of trained mediators, who are primarily available to serve as mediators in court-connected mediations. There is also a roster of trained arbitrators, who are primarily available to serve as arbitrators for the purposes of court-connected arbitrations.
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