Strengthening Conciliation and Arbitration Center

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This nonreimbursable technical cooperation seks to improve business and investment conditions by promoting a reliable system for resolving commercial disputes outside of the courts. It provides technical assistance to the Asunción Chamber of Commerce and Commodity Exchange (CBCA) and the Paraguayan Center for Arbitration and Conciliation (CACP) to strengthen the legal, institutional, and administrative framework for Alternatives for Dispute Resolution (ADR) for use both inside Paraguay and in disputes with other countries, particularly in the context of MERCOSUR. The program components are: (a) consolidation of the legal, ethical, and regulatory framework; (b) institutional strengthening of CACP; (c) training; and (d) marketing and dissemination. The first component seeks to strengthen the legal and ethical framework for the application of ADR. Research will be completed on national legislation, the laws in other countries, and international treaties, and, through a participative process, draft legislation and/or regulations encompassing new national and international practices will be prepared for submission to congressional officials by the CACP board of directors, with the full support of the CBCA. The component will include the drafting, discussion, and dissemination of the code of ethics for arbitrators and mediators. The second component seeks to strengthen the CACP's operating capacity and physical and administrative infrastructure, to enable it to provide the quality services required. After a planning session, the CACP will (a) prepare and implement a plan of action; (b) select consultants and personnel for phase two and for the CACP's permanent staff; and (c) update the roster of arbitrators and mediators, in consultation with the committee on ethics and policy. The third component aims to give ADR system operators the technical skills to provide efficient, high-quality, and highly-specialized service. Courses will be offered in: (a) mediation training and mediator ethics; (b) arbitration training and the code of ethics for arbitrators; (c) specialized and ongoing training, focusing on international progress in ADR, lessons learned, and specialized knowledge about business sectors where there is demand for ADR services; and (d) training for trainers, focusing on adult training skills and training at the local level. The fourth component seeks to disseminate the concepts and advantages of ADR and break with the culture of litigation. The component will also promote the CACP as a provider of quality services and furnish information on accessing those services. The following activities are planned: (a) preparing a legal and statistical study as a basis for projecting demand and identifying potential clients and areas of specialization; (b) based on that study, preparing a dissemination and marketing campaign that will include distribution materials, a web page, an advertising campaign, articles in journals, and workshops and conferences for entrepreneurs and their advisors, members of the bar association, and judges; (c) providing advisory services on the inclusion of ADR in university curricula; (d) conducting a direct campaign to promote the arbitration clause for the use of ADR; (e) establishing cooperation alliances with nation or regional organizations; (f) under the pilot plan, developing a system jointly with the judicial branch to divert cases to the ADR system; and (g) establishing strategic alliances with enterprises an