Programs
Supporting the Dominican Republic Central America Free Trade Agreement (DR-CAFTA) in Nicaragua
Since June of 2006, the ABA has been working with Financial Markets International to promote legal changes in Nicaragua to bring the country's commercial law sector into compliance with DR-CAFTA's provisions. Under the USAID-supported project, the ABA is working with Nicaraguan business attorneys, legislators, and government officials to develop three areas.
1) Competition Law Reform
The ABA has supported legislators making improvements to Nicaragua's competition law to make it compliant with DR-CAFTA. A pair of leading competition lawyers from the US and Mexico reviewed and suggested changes to Nicaragua's legislation on a comprehensive new competition law that has since passed the Congress and received the support of the government. The ABA plans to send a team of US and regional attorneys to meet with interested parties regarding the practical effects of the new laws and lead trainings to make the transition to new procedures go smoothly.
2) Strengthening Mediation in Nicaragua
As part of the effort to encourage legal changes that support DR-CAFTA, the ABA is working with Nicaraguan businesses to enhance commercial mediation. The project is providing training in DR-CAFTA's dispute resolution provisions and basic training in commercial mediation. The focus of the training is on commercial mediation so that trade disputes can be resolved in a speedy, less controversial manner. The ABA has formed an advisory committee of in-country experts supportive of the project goals and has held week-long design center trainings for 50 mediation center operators to improve their handling of commercial cases and to make them follow standardized procedures in hiring personnel and operating centers.
3) Strengthening Arbitration in Nicaragua
Related to the work on mediation, the ABA is carrying out another project with the a select number of Nicaraguans with some experience of arbitration to be trained in the US. Because Nicaragua businesses and the government will have to participate more frequently in international arbitration proceedings, the trainees will be given training in international arbitration law and procedure as well as in the skills to be effective advocates in arbitrations.
Background
The ABA Rule of Law Initiative first began working in Nicaragua in June of 2006 when Financial Management International asked the division to sub-contract on a project to enhance the country’s competition laws and commercial mediation and arbitration systems to conform with the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA).
A pair of international competition law experts reviewed Nicaragua's competition law and made suggested revisions, and in commercial mediation and arbitration an ABA Rule of Law Initiative project has been working with existing mediators to make their skills relevant to commercial disputes.
