Trade and Commercial Law Assessment - Honduras - Economic ...

TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004
HONDURAS
No. Type Recommendation Priority Duration
4. Institutional Improve use of arbitration as an alternative means for
settling contract disputes. See High Long term
strengthening also Commercial Dispute Resolution recommendations.
Create more arbitration centers
Create specialized arbitration centers devoted to settling disputes of SMEs.
Undertake a promotional campaign on the use of alternative dispute mechanisms
Restrict the use of amparo to exceptional cases in arbitration clauses and awards
by legal reform and judge training.
5. Legal Education Improve knowledge of legal professionals and
law students to support the
international business community more effectively.
Develop/revise law school curricula to include international standards in business
transactions, economic analysis of law, international principles and conventions
on contracts (UNIDROIT
and INCOTERMS) and enhance training on importance
of rule of law, basic legal principles, foreign jurisprudence and doctrine such as
“substance over form”.
Introduce the case methodology to teach lawyers and judges better ways to
understand the law and the merits of the cases.
Conduct continuing legal education seminars
for legal professionals (notaries,
lawyers, judges, court clerks) on same topics.
Conduct workshops for common citizens about basic legal principals.
REAL PROPERTY
Medium Long term
No. Type Recommendation Priority Duration
1. Institutional Regularize private property.
High Long term
Reform/legal Monitor and support the implementation of the Property Law.
reform
Set up working groups of justices, lawyers, members of the presidential
commission on property reform, members of the chambers of commerce and
peasant associations to be coached by international experts on property reform to
build consensus on property reforms.
Organize workshops on the Property Law should be offered in law schools,
the
Bar Association, other lawyers’ associations and Instituto
de Notariado
Launch a promotional campaign on the benefits
of the Property Law addressed to
the public at large.
Attachment 1, pg. 3