TSJ No. 1067/2010, published in Official Gazette No. 39,561 of 26 November 2010, and SC/TSJ No. 1784/11 dated 30 November 2011). The Venezuelan Commercial Arbitration Act of 1998 is inspired by the 1985 UNCITRAL Model Law of International Commercial Arbitration, although with some peculiarities of the national idiosyncrasy. This law is adapted to the attempt and global desire to harmonise (and in some cases standardise) the arbitration practice. Additionally, Venezuela is part of the 172 countries that have signed the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which has been in force since 1995. Likewise, it is part of the Inter-American Convention on International Arbitration (Panama Convention of 1975), in force since 1985. Unfortunately, Venezuela has not private parties. This places Venezuela in a pro-ADR position in tune with the global evolution of dispute resolution mechanisms. What key Venezuelan statutes and legislation govern the practice of mediation, arbitration, and ADR more broadly? There are currently laws that govern private arbitration (Commercial Arbitration Act of 1998) and justice of peace (Organic Law of the Special Jurisdiction of Communal Justice of Peace of 2012) and a flourishing jurisprudential doctrine in favour of alternative dispute resolution mechanisms (see judgments SC/TSJ No. 1541/08 published in Official Gazette No. 39,055 of 10 November 2008 [today leading case in arbitration], SC/ developed a law that governs mediation and conciliation, but there are regulations inside some legislation. Those are the Civil Procedure Code and the Labour Procedure Law. This last instrument establishes a mandatory mediation phase before the trial, which in practice has given very good results. Venezuela is also a signatory party to the United Nations Convention on International Settlement Agreements Resulting from Mediation of 2019 (Singapore Convention on Mediation). Although it has not entered into force in the country, it shows the vocation and commitment for ADR promotion. How have you witnessed the ADR landscape develop during your time as a practitioner? The ADR landscape has been undergoing THOUGHT LEADER 69
RkJQdWJsaXNoZXIy Mjk3Mzkz