Precautionary Measures in Arbitration Proceedings

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Interim measures can be defined as an instrument that is adopted in a process with the purpose of securing a future result that may occur in the same, in different countries the arbitrator has the power to authorize the application of an interim measure within the arbitration proceedings, which means that this burden does not fall solely on the courts.

In Honduras the evolution of arbitration has been slow, despite being the oldest method of conflict resolution, and although it is true that there are currently four Conciliation and Arbitration centers nationwide, two of them located in Tegucigalpa, one in San Pedro Sula and the last one in La Ceiba, we still do not have laws that promote arbitration as the most effective method to resolve conflicts. Article 41 of Decree No. 161-2000, which contains the Law of Conciliation and Arbitration in Honduras, establishes that the judge is the only one who enjoys the power of autoritas, I quote: “The fact thatany of the parties, before or during the arbitration proceedings, requests the adoption of precautionary measures from a competent judicial authority shall not be considered a tacit waiver of arbitration”. This in relation to Article 381.2 of the Code of Civil Procedure which refers to the competence of the Court to hear the adoption of a precautionary measure “If the precautionary measure is requested in relation to an arbitration proceeding, the competence shall correspond to the court of the place where the arbitration award is to be executed or where the measures are to take effect. The same shall apply with respect to interim measures requested for foreign judicial or arbitration proceedings, unless otherwise provided by applicable treaties or conventions”. Likewise, our Civil Procedural Law provides the option for either the main plaintiff or the counterclaimant to file the request for precautionary measures in arbitration proceedings in Honduras, as established in…