Ordinance on Procedures of the Central American Court of Justice

This Ordinance establishes and develops the procedure and manner of exercising the jurisdictional functions of the Court, with respect to Law in the interpretation and application of the Protocol and the Statute of the Court, its complementary instruments or acts derived therefrom; the safeguarding of the purposes and principles of the System; the objectivity of rights; the equality of the parties; the guarantee of due process and the assurance of the effectiveness of the substantive rights of the procedural subjects. Definitions

In the provisions of this Ordinance the following are designated: The Court: Central American Court of Justice. Statute: Convention on the Statute of the Central American Court of Justice. Member State: State Party to the Tegucigalpa Protocol. System or SICA: The System of Central American Integration. Magistrate: Titular or Alternate Member comprising the Court. Secretary: Secretary General of the Court. Absolute Majority: Simple majority. Ordinance: Legal Instrument issued by the Court that determines and regulates the procedure and manner of exercising its jurisdictional functions. Business Day: Monday to Friday with the exception of national and local holidays of the host State. Protocol: Tegucigalpa Protocol to the Charter of the Organization of Central American States (ODECA). CHAPTER II PRINCIPLES, SOURCES AND DUE PROCESS Principles and sources

For the application and execution of this Ordinance, the following shall be taken into account: the norms and principles of Public and Private International Law, those of the Charters of the United Nations (UN) and the Organization of American States (OAS); those of Community Law and its Complementary and Derived Instruments, including Declarations and Resolutions issued at Central American Presidential Meetings since May nineteen eighty-six; International and Community Jurisprudence and Custom and International Human Rights Law when related to Community Law; and the general principles of Law and the doctrine of the most competent jurists of the different nations. Due process

This Ordinance shall take into account for its application and execution: the principles, guidelines and guarantees of due process. TITLE II OF THE CENTRAL AMERICAN COURT OF JUSTICE CHAPTER I NATURE, JURISDICTION AND COMPETENCE Nature

The Court is the main, supranational and permanent judicial body, whose jurisdiction and competence are binding and its resolutions are binding for the procedural subjects of the System. Jurisdiction

The Court has, in matters within its jurisdiction, the authority and attributes expressly conferred upon it by the Protocol, the Statute and other complementary and derived instruments. It also possesses the power to decide on its competence and to interpret and apply treaties, conventions and the principles of Integration, Community and International Law, as well as those of Internal Law in their relation to the foregoing disciplines. General competence of the Court

The Court shall have competence to hear controversies relating to the interpretation and application of the Protocol and its complementary instruments and derived acts, without exception whatsoever, to the exclusion of any other court. Determination of competence

The Court shall have the power to determine its competence in each specific case, interpreting the treaties or conventions pertinent to the disputed matter and applying the principles of Integration, Community and International Law. Specific competencies

The specific competencies of the Court are those established in the Statute and in other originating instruments, complementary and Derived Law of the System. TITLE III OF THE PROCEDURAL SUBJECTS AND OF THE PARTIES CHAPTER I OF THE PROCEDURAL SUBJECTS Procedural subjects

The procedural subjects are:

• a)

  The member States of SICA and, where applicable, any other State;

• b)

  The Powers or fundamental Bodies of the member States. The Court shall define in each specific case the procedural nature of the Bodies that appear before it;

• c)

  The Bodies or Organisms of the System; and,

• d)

  Natural or juridical persons. CHAPTER II OF THE PARTIES Appearance

The procedural subjects, at the Court's discretion, shall act as a Party, on their own behalf or through a lawyer in practice in any Member State, to whom sufficient Power has been granted to appear. TITLE IV OF PROCEDURAL ACTS AND COMMUNICATION CHAPTER I PROCEDURAL ACTS Official Language

Procedural acts shall be recorded in written documents and must be conducted in Spanish, which is the official language of the Court. The Court shall provide an interpreter to the person who does not understand the official language. Documents and recordings in a language other than Spanish must be translated in accordance with the legislation of each Member State. The fees and translation costs shall be borne by the interested party. Of the writings and their copies

Writings shall be presented on plain paper or in electronic version. For every writing presented by the petitioning party, as many copies shall be attached as there are parties in the process. When writings on plain paper are received, the Secretariat may record the presentation by paginating the file with number and seal; and if presented electronically, the procedure established by the Court shall be followed. Access to files and certification

The parties may have access to their file, to its constituent parts or to any incident of the process, which shall remain at the Court's headquarters during their examination, and may also request total or partial certification thereof. If the certification is partial, the opposing party shall be heard within a period of three days. Presentation of writing

Every writing must be presented at the Secretariat of the Court. If this is not possible, due to distance, it may be presented at the Secretariat of the Supreme Court of Justice of any of the Member States, which must forward it to the Secretariat of the Court within twenty-four hours following its receipt by technical means of communication that guarantee its authenticity and confidentiality. Records and controls

The Court shall maintain the records and controls necessary for the proper management of its jurisdictional activity and may issue rules for application on the matter. The Court shall organize a database containing the signatures and electronic mail addresses of lawyers in practice who request it, to whom the Court shall extend the corresponding certification. Types of resolutions

In the development of the process, the Court shall issue the following resolutions:

• a)

  Orders, if they are of mere procedural nature.

• b)

  Decisions, if they have the purpose of resolving an incidental matter.

• c)

  Judgments or awards, if they definitively decide the disputed matter or, if concerning an incident, they terminate the litigation making its continuation impossible. When the Court hears a consultation or cases of non-compliance with judicial rulings, it shall issue resolutions and when it acts as an Arbitral Tribunal, awards. Obligation to rule

In the cases submitted to its jurisdiction, the Court may not refuse to rule by alleging silence or obscurity in the invoked agreements and treaties. CHAPTER II COMMUNICATION ACTS Place for notifications

The plaintiff in the complaint and the defendant in his first writing must designate a place to receive his first act of notification at the same address of the Court. If the Court, by force majeure or fortuitous event, temporarily moves its seat, it shall order that the Parties within a term of six business days counted from the day following their notification, make a new designation. Forms of notification

The resolutions issued by the Court shall be notified: personally, by mail, electronic mailbox, in official journals or by any other effective means that provides certainty that such notification was made. Without prejudice to the foregoing, the Court shall assign to each party that so requests, its respective electronic mailbox so that it may follow the progress of the file or receive notifications. Notification by secretariat

Every notification shall be made by the Secretariat, recording it in the file, expressing the day, year and the result of the proceeding. In those cases of personal notification, it shall be signed by the notary public and the person to be notified or who received the notification. In the event that the parties refuse to sign, have an impediment to do so, or that it was carried out electronically, such circumstance shall be recorded in the file. TITLE V OF PROCEDURAL ACTIVITY CHAPTER I OF THE INITIATION OF THE PROCESS Presentation of the Complaint

Every process shall be initiated by means of a complaint filed with the Court in electronic or written form before its Secretariat and in this case, in original with as many copies as there are Parties in the process. Content of the Complaint

The complaint must contain:

• a)

  The identification of the Court to which it is directed;

• b)

  The general information and address of the Parties;

• c)

  The identification of the attorney, who must attach their respective professional credentials;

• d)

  The object of the complaint;

• e)

  The facts or omissions that serve as the basis for the action;

• f)

  The legal grounds on which the claim is based;

• g)

  The offering of evidence;

• h)

  Where applicable, the request for precautionary measures;

• i)

  The claim or petition;

• j)

  The email and place designated to receive notifications at the Court's headquarters;

• k)

  Place and date; and,

• l)

  Signature. Prevention

A complaint shall only be processed if it contains the requirements listed in the previous article. The Court may notify the plaintiff to remedy the omissions incurred, and must comply with the notification within a period of six business days counted from the day following the notification. The Court shall not process complaints that, in its opinion, lack reasonable grounds. Procedural Powers of the Court

The Court shall adopt the necessary measures to direct and expedite the process, and may reject outright those petitions that tend to delay it or divert it. Outright Rejection of the Complaint

The Court shall reject the complaint outright when it lacks jurisdiction or competence. Prohibition of Double Adjudication

Once an action is resolved definitively by the Court, it may not admit a new claim by identical procedural subjects, alleging the same facts or rights that served as the basis for their previous claim. Precautionary Measures

The Court may order such precautionary measures as it deems necessary and appropriate to ensure the effectiveness and compliance of the eventual favorable judgment so as not to aggravate the harm or so that the situation remains in the same state in which it is found while the corresponding ruling is issued. Amendment and Withdrawal of the Complaint

The plaintiff may amend, expand or modify their complaint before its answer; and may withdraw from it at any stage of the process. CHAPTER II OF THE ANSWER TO THE COMPLAINT Answer

The defendant has a period of fifteen business days counted from the day following their notification to answer the complaint. A counterclaim is permitted, which must be raised in the same written answer with equal requirements as the complaint. Content of the Answer

The defendant's answer shall be made by means of a written document addressed to the Court and shall contain:

• a)

  The identification of the Court to which it is addressed;

• b)

  The general information required by law of the defendant and of the lawyer representing him or her;

• c)

  The exceptions invoked against the claims of the plaintiff;

• d)

  The factual and legal grounds on which the answer is based;

• e)

  Where applicable, the request for precautionary measures;

• f)

  The defendant's petition;

• g)

  Where applicable, the email address and the place designated to receive notifications at the seat of the Court;

• h)

  Place and date; and,

• i)

  Signature. Attachments to the answer

The defendant shall attach to the written answer, where applicable, the Power of Attorney granted by his or her principal and as many copies thereof as there are parties in the proceeding, and may offer such evidence as he or she deems convenient. Default admission

Default admission may be made when answering the complaint or at any stage of the proceeding before judgment. The Court shall have the authority to evaluate it. The defendant may expressly admit, in whole or in part, to the claims of the plaintiff. Total default admission is a form of termination of the proceeding. Failure to appear

If the complaint is not answered within the legal time period, the plaintiff may request that the Court declare the defendant in default. If the Court declares it so, whether ex officio or at the request of a party, the defendant shall not be able to allege subsequently the dilatory exceptions that he or she may have. The complaint shall be deemed answered in the negative and the litis shall be joined, and the proceeding must continue in all its phases. The party declared in default may subsequently appear at any stage of the proceeding without preventing the continuation thereof. CHAPTER III OF PROCEDURAL INCIDENTS Procedural incidents

Procedural incidents that arise in relation to the main object of the proceeding shall not suspend the processing thereof, except by express provision to the contrary or when the Court, by way of exception and considering the nature of the question raised, so resolves. If the incident raised is manifestly improper, the Court shall declare it as such. Procedural incidents may be raised at any stage of the proceeding. Types of procedural incidents

The following shall be considered procedural incidents:

• a)

  Recusal or disqualification of Magistrates;

• b)

  Consolidation of cases;

• c)

  Nullities;

• d)

  Third-party claims;

• e)

  Expiration of the instance;

• f)

  Exceptions; and, g) Failure to exhaust internal procedures; The Court may, if it deems it pertinent, proceed with any other incident that may arise in the proceeding. Grounds for recusal and disqualification

Magistrates shall excuse themselves or may be recused for the following grounds:

• a)

  Relationship of the Magistrate, his or her spouse, partner or companion in stable de facto union within the fourth degree of consanguinity or second degree of affinity, with any of the Parties, his or her lawyer, representative, agent or advisor;

• b)

  Direct or indirect interest of the Magistrate, his or her spouse, partner or companion in stable de facto union, in the matter submitted to the Court or in another matter concerning a similar object;

• c)

  Having previously intervened in the knowledge of the matter as judge, party, agent or advisor;

• d)

  Having issued an extrajudicial opinion regarding the proceeding he or she knows;

• e)

  Intimate friendship or manifest enmity of the Magistrate, his or her spouse, partner or companion in stable de facto union, with the Parties, their representatives or agents. Request for disqualification to hear

The Magistrate who falls within any of the foregoing grounds shall request the Court to remove him or her from knowledge of the proceeding and the Court shall resolve it without further proceeding. Of recusal

Recusal shall be proposed to the Court, at any stage of the proceeding, by means of a written document in which the factual and legal grounds on which it is based shall be expressed and the evidence intended to be alleged shall be offered. Once the recusal is admitted, a separate case file shall be formed for its processing without suspending the proceeding, granting the recused Magistrate a period of three days to present his or her arguments. After said period, the Court shall order a period for evidence of eight business days counted from the date of notification to decide on the matter. Effects

Disqualification and recusal shall produce no effect whatsoever on the proceedings in the process. In the same manner and for the same reasons or disqualifications expressed for the Magistrates, the Secretary shall excuse himself or herself or may be recused. Consolidation of actions and proceedings

All actions that the claimant brings against the defendant shall be consolidated in a single proceeding, provided they are not mutually exclusive. The Court, ex officio or upon request of a party, may consolidate two or more proceedings when it considers that by their nature they are compatible or there is a relationship between them. The newer proceeding shall be consolidated with the older one. Consolidation may be processed before the deadline for submitting closing arguments expires. Both consolidations shall be resolved in a single judgment. Grounds for Nullity

The Court shall declare, ex officio or upon request of a Party, as the case may be, the total or partial nullity of the proceeding. In cases where nullity is requested by one of the Parties, the Court shall order the opposing Party to be heard within three business days counted from the day following its notification. Third-Party Claims

Third-party claims shall be admissible at any stage of the proceeding if properly justified in the Court's discretion. If admitted and before resolving this incidental matter, the Court shall order the Parties to be heard for a period of three business days counted from the day following the respective notification. Lapse of Instance

The failure to take procedural action for more than one calendar year after the last action in the proceeding is grounds for the Court to declare ex officio or upon request of a party the lapse of the instance. Exceptions

Exceptions shall be raised when answering the complaint, with an explanation of the reasons that justify them. The Court shall process them in accordance with their nature. As the case may be, the Court shall order the other Party to be heard for a period of ten days, after which the corresponding interlocutory order shall be issued within a period not exceeding five days. Failure to Exhaust Internal Resources or Procedures

The Court, in addition to determining whether the complaint complies with the requirements established in this Ordinance, shall determine whether or not the pertinent resources or internal procedures required by the respective national legislation have been exhausted. It shall be considered that such resources or internal procedures required by national legislation have been exhausted in cases where application of internal jurisdiction has resulted in a final judgment declared enforceable and, where applicable, having acquired the status of res judicata, or the respective procedures have been exhausted in those cases being heard with the application of rules relating to Community Law. CHAPTER IV ON EVIDENCE Purpose

By means of evidence, the facts presented by the Parties shall be proven in proceedings before the Court in order to produce certainty regarding the disputed points. Offering, Admission and Production of Evidence

Once the deadline for answering the complaint has expired or the incidental matters that have arisen have been resolved, the evidentiary period shall be opened ex officio or upon request of a Party, and the deadline for presenting evidence shall be set, which shall not exceed thirty days counted from the date the order becomes enforceable, without prejudice to the Court being able to extend it for an equal period for justified reasons. If the Court deems that evidence is not necessary, it shall declare so by order and, if it deems it appropriate, shall set the date and time for the hearing and shall order the Parties to be notified. For the reception and production of any evidence, communications that the Court issues to judicial officials or authorities, administrative or of any other nature, shall not require homologation or exequatur for their execution. Evidence presented in an incidental matter shall be produced in a single hearing with the notification of the opposing Party. Means of Proof

In proceedings before the Court, the following means of evidence are admissible:

• a)

  Documentary evidence;

• b)

  Testimonial evidence;

• c)

  Expert opinion or expert report;

• d)

  Judicial inspection;

• e)

  Report rendered by competent authority at the request of the Court; and,

• f)

  Any other suitable means for the formation of the Court's conviction. Validity of Probative Documents in Trial

Documents originating from any State that are presented as evidence in proceedings shall require authentication at their place of origin by: a competent official, a notary public in the exercise of their functions, or apostille. Cooperation for the Production of Evidence

National judges, in their capacity as community judges, shall collaborate with the Court in the practice of evidence and compliance with other judicial proceedings. For better provision

The Court, at any stage of the proceedings, before rendering judgment and for better provision, may order ex officio the practice of such evidence as it deems necessary. These shall be practiced within the extraordinary period granted which may not exceed fifteen days. Costs

The Court shall determine the modalities according to which each Party shall bear the costs arising from the offering and practice of evidence. CHAPTER V OF THE ORAL HEARING The hearing

The hearing shall be public, unless for special reasons the Court resolves to hold it in private. The President shall open and direct the debates. The absence of one or both Parties shall not nullify the proceedings. Development and procedure of the hearing

The hearing shall be initiated with a statement of the proceedings by the Secretary, who shall objectively summarize its development. The session shall be held with the Parties that attend, each of which may make use of the word, allowing for reply and rejoinder. The Parties may intervene in the hearing through their attorney. However, with prior authorization from the Court they may do so by themselves or through advisors or experts. During the course of the hearing, the President and the Magistrates may question the Parties, their representatives or attorneys, as well as the advisors or previously accredited experts. The Parties that have attended the hearing shall submit their conclusions in writing in the same hearing or within the three business days following. Expansion of evidence

When the Court considers that from the interventions of the Parties the need arises to practice evidence or to expand that already conducted, it shall resolve to suspend the hearing only once, grant a reasonable period for its practice according to its nature, and set the day and time for reopening. Minutes of the hearing

The Secretary shall draw up minutes of each hearing which he shall sign with the President. TITLE VI OF JUDGMENTS, AWARDS AND THEIR EXECUTION SINGLE CHAPTER JUDGMENT AND EXECUTION Voting and reasoning

All decisions of the Court and of its Chambers or Panels, including Consultations, shall be made with the favorable vote of at least an absolute majority of its members. The resolution shall be reasoned and shall set forth the names of the Magistrates that have taken part in it and shall contain their signatures, unless justified reasons prevent it. The ruling must resolve each of the points in dispute and shall be binding for the Parties. The dissenting or concurring Magistrate may make use of the right conferred by this Ordinance to set forth his vote. Unappealable ruling

The ruling shall be final and unappealable. Notwithstanding, the Court may, ex officio or at the request of a Party, clarify or expand it within thirty days following its notification. The power granted to the Parties in the preceding paragraph shall be exercised within ten days following its notification. Formalities and content of the judgment

The judgment shall contain:

• a)

  Identification of the Court that renders it;

• b)

  Date, time and place in which it has been rendered;

• c)

  Identification of the parties;

• d)

  Results that briefly describe the facts;

• e)

  Summary of the allegations of the parties;

• f)

  Recitals or reasons that support it;

• g)

  Factual and legal grounds; and,

• h)

  Ruling. The judgment shall include the pronouncement regarding costs, whenever it has been expressly requested in the complaint or in its answer. Judgments shall be signed by the President, the other Magistrates and the Secretary. Binding force and res judicata

The judgment shall be binding and have the force of res judicata from its notification and shall be applicable in the territory of the Member States; it shall not admit any appeal, is binding on the States or the Organs or Organisms of the System and on natural and legal persons and shall be executed as if it were compliance with a resolution, award or judgment of a national court of the respective State, for which the certification extended by the Secretary shall suffice. In case of non-compliance with the rulings and resolutions by a State, the Court shall inform the other Member States requested so that, using the pertinent means, they ensure their execution. Of the communication and publication

Once the judgment is notified, the Secretary shall communicate it to the General Secretariat of SICA and to the Supreme Courts of Justice of the States of the System. The Court shall publish the judgment in its Official Gazette. TITLE VII SPECIAL PROCEDURES CHAPTER I APPEAL OF ADMINISTRATIVE RESOLUTIONS OF THE ORGANS AND ORGANISMS OF THE SYSTEM Appeal

In the case of subsection j) of article 22 of the Statute, the interested Party may file an appeal within ten days following notification of the denial of reconsideration. Reconsideration shall be deemed denied when the corresponding organ or organism does not rule on it within twenty days following its filing. Grievances

In the written statement of filing the appeal, the appellant shall state the grievances. Admission and service of process

Once the appeal is filed timely and properly, the Court shall admit it and serve the appellee to appear and respond to the grievances within ten days following its notification. Within twenty days following the response to the grievances or the defendant having been declared in default for failure to appear, the Court shall render judgment. CHAPTER II ADVISORY OPINIONS Object and purpose

It is the responsibility of the Court to interpret for their correct application the norms that constitute the legal system of the System created by the Protocol and its complementary instruments or acts derived therefrom, in order to ensure their uniform application in the territory of the Member States. Types of advisory opinions

The Court shall hear two types of advisory opinions: those of an illustrative nature and those of mandatory compliance. Illustrative advisory opinions are those submitted by States regarding the interpretation of any Treaty or International Convention in force and regarding conflicts between Treaties or between Treaties and the Internal Law of each State; those submitted by the Supreme Courts of Justice of the Member States of the System, except in cases of preliminary advisory opinions related to Community Law; and those submitted by private parties. Mandatory compliance advisory opinions are those submitted by States, Organs or Organisms of SICA relating to the same System and those of Judges or national Courts of the States. In the latter case the advisory opinion shall be called Preliminary. Effects and scope of the advisory opinion

The Court shall evaluate in each type of advisory opinion its effects and scope, being able to order that whoever it deems pertinent be heard. Means of presentation of advisory opinions

Requests for Advisory Opinions, including those submitted by the Supreme Courts of Justice with Preliminary or Illustrative character, may be presented in writing directly at the seat of the Court by electronic means authorized by it or through the Secretariat of the highest Court of Justice of each Member State. Timeline for responding to advisory opinions

The Court shall respond to Advisory Opinions, except those of a preliminary nature, within a period not exceeding sixty days from their admission, which, exceptionally, at the Court's discretion may be extended up to thirty additional days. CHAPTER III PRELIMINARY ADVISORY OPINION Conditions and requirements for the formulation of the advisory opinion

The request for consultation that national judges direct to the Court must contain;

• a)

  The name and instance of the consulting national judge or court;

• b)

  The list of rules of the legal order of integration or community whose interpretation is required;

• c)

  The identification of the case file that originates the request;

• d)

  The brief report of the facts that the applicant considers relevant for the interpretation; and,

• e)

  The place and address where the judge or court will receive the response to its consultation. Upon receipt of the request, the Secretary will seal it, record the date of presentation or receipt and forward it to the President to submit it for consideration of the Plenary Court. Within thirty days following the admission of the request, the Court will issue an opinion for its proper communication and publication. In its interpretation, the Court must limit itself to clarifying the content and scope of the rules that make up the legal order of integration or community referred to in the specific case. The Court will not interpret the content and scope of National Law nor will it qualify the facts subject to the proceeding. It may refer to these when it is essential for the purposes of the requested interpretation. Suspension of internal judicial proceedings

In consultation cases, the internal judicial process will be suspended until the requested preliminary ruling interpretation is received. Special obligation of the consulting judge or court

The judge or court that is hearing the internal case in which the Preliminary Ruling was submitted must necessarily base its judgment on what was issued by the Court. CHAPTER IV OF THE EXPEDITED PROCEDURE FOR THE FREE TRANSIT OF GOODS Purpose

This abbreviated procedure will be applied in those cases where it is considered that there is a violation of community rights related to the Treaties, Conventions or Agreements that regulate the free transit of goods through the States that make up the System. Claim

The procedure will be initiated with the claim filed by the affected party before this Court in writing or by any technical means. Admission and precautionary measures

In the event that the claim is admitted, if the requesting Party proposes precautionary measures, in the same admission order the Court must rule on them, requiring the guarantee of the case, which will be evaluated by the Court. Requirements

The claim must contain a statement of the facts that allegedly violate the Community Law of the claimant, the grounds for law and the evidence on which it bases its claim. Answer to the claim and deadlines

The defendant will have seventy-two hours, counted from notification, to answer the claim. If after that period it is not answered, the matter will be considered joined and the process will continue in default. Hearing

In the oral and public hearing previously set by the Court, the Parties will present their final arguments. These may request that the hearing be held in person or by virtual conference. In case the Parties do not agree on this point and if any incident arises, the Court will decide what it deems convenient. After the hearing concludes, the respective judgment will be issued in the same act or within three days, which will be notified to the Parties. The judgment will not admit any appeal. CHAPTER V OF THE ARBITRAL PROCEDURE Form of exercising jurisdiction

The Court may exercise its arbitral jurisdiction in Plenary Court, in an ad hoc Chamber or through the appointment of one or more Magistrates. Procedure

When the Parties have agreed to submit the community or international controversy to arbitration by the Court, they shall formulate their claims in writing jointly or separately. In addition to the documents supporting them, they shall attach, where applicable, the public deed containing the arbitration agreement before the Court. If the clause only has a compromissory nature, the Parties may complete and detail their agreement in a preliminary hearing before the Court. If the Tribunal considers the proposed procedure insufficient, it shall apply its own regulations or the pertinent international norms. Opening to evidence, hearing and bindingness

At the request of the Parties or when the Tribunal deems it necessary, the case shall be opened to evidence. If it is not necessary to open to evidence or once these have been presented, a public hearing shall be called in which the Parties shall present their verbal or written arguments with the right to reply. They shall submit their conclusions within three days. They shall submit their conclusions within three days following the closing of the hearing and upon expiration of this term, the award shall be rendered within the following ten days, which shall be unappealable. Against it, only requests for clarification or to remedy omissions shall be admitted within three days following the respective request, declaration or to remedy notification. The Tribunal shall rule within ten days on the clarification or alleged omissions. Content of arbitral clause

The arbitral clause shall contain:

• a)

  Name of the parties to the agreement, their legal capacity and identification data;

• b)

  Statement of the matter to be submitted to arbitration and facts on which the claim is based;

• c)

  The points in controversy between the Parties;

• d)

  Capacity of arbitrator in which the Tribunal shall act;

• e)

  Procedure that is proposed;

• f)

  Form of covering the costs of the proceedings; and,

• g)

  Precautionary measures requested. CHAPTER VI ACTION FOR NULLITY Object

The action for nullity may be brought before the Court challenging the decisions or agreements of the Organs or Organisms of the System issued in violation of the norms that constitute its legal order. Holders of the action

The action for nullity may be brought by the Member States, the Organs or Organisms of the System and natural or legal persons. Prescription

The action for nullity must be filed before the Court within a period of six months from the date of the respective notification, against agreements or regulatory acts that affect the petitioner directly or individually. Provisional suspension and other precautionary measures

The Court, at the request of the plaintiff, may order the provisional suspension of the execution of the challenged agreements or regulatory acts or other precautionary measures in accordance with the following assumptions: 1. If the action exercised has as its object the nullity of agreements or regulatory acts, the irreparable or difficult to repair damages that said agreements or acts cause or could cause to the petitioner must be expressed; and, 2. If the measure requested is based on urgency and appearance of a good right. Effects of the nullity judgment

When the Court declares the total or partial nullity of the challenged agreements or regulatory acts, it shall indicate the effects of the judgment in time. The Organ of the System whose act has been annulled must adopt the provisions required to ensure effective compliance with the judgment within the period set by the Court. CHAPTER VII ACTION FOR NON-COMPLIANCE Object and purpose

The action for non-compliance with agreements or regulatory acts may be invoked before the Court in order that a Member State, Organ or Organism of the System comply with community obligations and commitments. The conduct subject to the censure may be constituted by the issuance of internal norms, acts, agreements, resolutions or sentences contrary to the legal order of the System, by the non-issuance of norms that give compliance to said legal order or by the performance of any acts or omissions opposed to it or in any way hinder or obstruct its application. Subjects of the action

The subjects of the action for non-compliance are the Member States, Organs and Organisms of the System and natural or legal persons. Executive merit of the judgment

The judgment of non-compliance rendered by the Court in an action brought by a private party shall constitute legal and sufficient title so that it may request from the competent national judge, in his capacity as community judge, the indemnification of damages and losses that corresponds. Effects of the non-compliance judgment

The Member State, Body or Organism of the System that the Court has declared responsible for the non-compliance of a community norm is obliged to adopt the necessary measures to comply with it. Also, in the judgment on the merits, it may declare the impossibility of the norm as well as the primacy or prevalence of Community Law over National Law. CHAPTER VIII OF CONSTITUTIONAL CONTROVERSIES AND DISRESPECT FOR JUDICIAL RULINGS Request for a Report

In the case established by Article 22 literal f) of the Statute, the claim presented shall request a detailed report from the Power or Fundamental Body that is sued, which must render it within the period of twenty days, accompanying when deemed necessary, the certifications of minutes, discussions, antecedents and other evidence that in its judgment substantiate its actions. Evidence and Judgment

Upon receipt of the report, the Court, ex officio or at the request of a Party and within the period of eight days, shall resolve on the necessity of presenting evidence. If it is resolved that the evidence stage is not appropriate, it shall pronounce judgment within twenty days without need for a hearing; and, if it resolves to open the evidence, it shall set the period within which it must be submitted. Once evidence has been submitted, the Court shall pronounce judgment. The ruling shall be based on the Public Law of the respective State, on the Principles and Norms of International Law and on those that sustain the System according to the Protocol and its complementary and derivative instruments. Disrespect for Judicial Rulings

In the case of disrespect for judicial rulings referred to in literal f) of Article 22 of the Statute, the Court, taking into consideration their nature and circumstances, shall determine the applicable procedure. The Court shall resolve on the disrespect for judicial rulings contemplated in this Ordinance and shall give them the processing of compliance with definitive sentences with the character of res judicata. The Court shall take into account in its resolution the General Principles of Process and those referring to the nature General Principles of Process and the General Principles of Community Law sustained in the jurisprudence of this Court. If the ruling object of the claim is based on matters of Internal Law of a State, it must be based on its intimate connection with community regulations. FINAL PROVISIONS Unforeseen Procedures

The Court, regarding matters not provided for in this Ordinance, may establish the procedures to be followed, maintaining the objectivity of rights and the safeguard of the purposes and principles of the System, the equality of the parties and the guarantee of due process. Time Periods

The time periods referred to in this Ordinance shall be counted from the day following the last notification. Adjustment of Procedure

Proceedings that are in process at the time this Ordinance enters into force shall be continued and concluded in accordance with the regulations with which they were initiated. Use of Technological Means

The Court, insofar as it is possible, shall implement the technological means that make the processing of cases submitted to its knowledge reliable, secure, fast, effective and economical. The Court shall regulate this matter. Effective Date

This Ordinance shall enter into force on the first day of June of the year two thousand fifteen and, consequently, nullifies the previous Ordinance of the first of January of nineteen hundred ninety-five and its subsequent amendments. It must be published in the Digital Gazette of the Court, without prejudice to its publication in the Gazettes or Official Journals of the Member States and by making it known to the General Secretariat of SICA and other Bodies and Organisms of Central American Integration. Given in the city of Managua, Nicaragua, Central America, on the third day of the month of December of the year two thousand fourteen. Atty. GUILLERMO PÉREZ CADALSO ARIAS President Dr. CARLOS GUERRA GALLARDO Vice President Dr. SILVIA ROSALES BOLAÑOS Magistrate Dr. RICARDO ACEVEDO PERALTA Magistrate Dr. FRANCISCO DARÍO LOBO LARA Magistrate Dr. JULIO ENRIQUE ACOSTA BAIRES Magistrate Msc. MARCIO GUILLERMO MARTÍNEZ VELÁSQUEZ Secretary in Functions 6 J. 2015.