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.
PROCAFTA
USAID/FMI Inc.
Edificio OPUS #203
Managua, Nicaragua
Phone: +505-277-1014 / 277-1029
Fax: +505-277-1056
Email: gherta@gmail.com
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.
Meet Our Legal Specialists
Allan Van Fleet, a member of the Latin America and Caribbean Council, has contributed greatly to the ABA’s work in Nicaragua. When the Nicaraguan Congress required a desk study of proposed legislation for a new competition law, Van Fleet chose a Mexican counterpart and collaborated with him to compare the competition law to those of Mexico and the US. The resulting review of Nicaragua’s legislation provided legislators with guideposts for ways to improve their draft law, and Van Fleet and the Mexican expert also participated in conference calls with legislators to provide suggestions for needed changes in the law. Nicaragua’s competition law was much stronger as a result. Read more »»
Meet Our Staff
I joined the ABA Rule of Law Initiative team in January, 2007 as a consultant in developing commercial arbitration and mediation. This position has allowed me to draw on the education I received for my Master's Degree in Alternative Dispute Resolution from the University of Massachusetts – Boston and to build on my previous work for public and private mediation centers. My main duty as a consultant is enabling our partners in the public and private sectors to mature into successful ADR organizations. Read more »»
