Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 60 Guatemala: Guatemalan Perspectives on the Hague Principles

Abstract

This chapter describes Guatemalan perspectives on the Hague Principles. In Guatemala, the sources of Private International Law for international commercial contracts are: (i) international treaties, comprised of: the Convention on Private International Law (Bustamante Code) and the Inter-American Convention on General Rules of Private International Law (Second Inter-American Specialized Conference on Private International Law); and (ii) national laws. In general terms, the Guatemalan private international law regime applicable to international commercial contracts recognizes the ability of parties to a contract to choose the applicable law. Notwithstanding, important differences deriving from such regime may apply, and will ultimately depend on the type of dispute resolution mechanism the parties are using: litigation or arbitration. Currently, there are no on-going revisions or proposed revisions of the Guatemalan national laws or international treaties that provide rules of private international law for international commercial contracts. In the event that the rules of private international law would be revised, the Hague Principles could play a role, as they facilitate the legislative body’s task of creating a new statute and put forward the most advanced developments in the matter. For this to happen, however, the Hague Principles should be disseminated and made available and known to all relevant parties.