Regulations on Conciliation and Arbitration of the Inter-American Chamber of Commerce

FOUNDATION. Based on the Law of Conciliation and Arbitration, the Organic Law of CICH and its Regulations, the Center of Conciliation and Arbitration of the College of Civil Engineers of Honduras (CCA-CICH) is hereby established, as an integral attached part of this Professional College, with the objective of resolving conflicts or controversies of a patrimonial nature that are susceptible to being resolved through institutionalized alternative dispute resolution methods. The CCA-CICH shall specialize in the administration of alternative methods that seek to resolve conflicts or controversies that bear some relationship with the construction industry, without prejudice to its ability to hear any other type of conflicts or controversies related or unrelated to said matter. The conflicts submitted shall be in accordance with the will of the parties. The domicile of the CCA-CICH shall be the capital of the Republic of Honduras, but it may have functions at the National level through the Chapters duly established by CICH.

DEFINITIONS. For the purposes of this Regulation, the following shall be understood as: A. Arbitration: Mechanism for resolving disputes through which the parties in conflict defer the resolution thereof to an Arbitral Tribunal. B. Ad-hoc Arbitration: That in which the parties agree on the rules of procedure applicable to the resolution of their dispute. C. Institutional Arbitration: That in which the parties submit to a procedure established by an arbitration center. D. Technical Arbitration: That in which the arbitrators render their award based on their specific knowledge in a particular science, art, or profession. E. Center or CCA-CICH: Center of Conciliation and Arbitration of the College of Civil Engineers of Honduras. F. College or CICH: College of Civil Engineers of Honduras. G. Commission: Commission of Conciliation and Arbitration of the College of Civil Engineers of Honduras. H. Conciliation: Mechanism for resolving disputes through which two or more persons, natural or legal, attempt to achieve by themselves the resolution of their differences with the help of a neutral and qualified third party who shall be called a conciliator. I. Conciliator: A neutral, impartial, and qualified third party who acts, by virtue of the empowerment of the parties, to facilitate dialogue between them with the objective of allowing them to reach solutions satisfactory to both parties. J. Arbitration Agreement: The mandatory written agreement by which the parties voluntarily decide to submit to arbitration the disputes that have arisen or may arise between them, regarding a specific legal relationship of a contractual or non-contractual nature. K. Director: Director of the Center of Conciliation and Arbitration of the College of Civil Engineers of Honduras. L. Board of Directors: Executive body of the College of Civil Engineers of Honduras that holds its legal representation. M. Award: Judgment or decision rendered by an Arbitral Tribunal. N. Law: Law of Conciliation and Arbitration of the Republic of Honduras. O. Regulation: Regulation of the Center of Conciliation and Arbitration of the College of Civil Engineers of Honduras. P. Arbitral Tribunal: Body in charge of resolving the conflict or dispute submitted to arbitration. It may be composed of either a single (1) arbitrator or a plurality of arbitrators.

SERVICES OFFERED BY THE CENTER. The CCA-CICH shall offer, through its administrative bodies, the following services:

• A)

  Administer arbitrations complying with the procedures established by the parties, even in ad-hoc processes.

• B)

  Administer conciliations and arbitrations, national and international, when so requested, providing its advisory and assistance services, in accordance with the procedure established in this Regulation.

• C)

  Administer any other alternative method of conflict resolution, develop the procedure, if necessary, and the respective training plan.

• D)

  Develop programs designed or those agreed upon in agreements with other conciliation and arbitration centers, universities and, in general, with analogous entities, national or international.

• E)

  Appoint conciliators and arbitrators when appropriate.

• F)

  Promote the use of conciliation and arbitration as alternative methods of conflict resolution and pursue the permanent development and improvement thereof within the scope of its competencies.

• G)

  Design programs for the training of conciliators, arbitrators, and secretaries of the Arbitral Tribunal, either directly or with other national or international institutions.

• H)

  Integrate the list of Arbitral Tribunal secretaries, experts in the technical management of the secretariat and the arbitration process.

• I)

  Integrate the lists of conciliators and arbitrators attached to the Center, which must have a sufficient number of experts to allow for timely and effective provision of services.

• J)

  Integrate the lists of experts by specialties to serve as technical support to the Arbitral Tribunal.

• K)

  Keep statistics that allow knowledge of the quantitative and qualitative development of alternative methods of conflict resolution.

• L)

  Maintain a schedule of administrative expenses of the Center, fees for conciliators, arbitrators, and secretaries of the Arbitral Tribunal; as well as any other service offered.

• M)

  Promote the conclusion of agreements aimed at strengthening relationships with analogous organisms and institutions, national or international, to maintain a permanent collaboration network that results in the development and dissemination of alternative methods of conflict resolution.

• N)

  Conduct analyses and studies on alternative methods of conflict resolution, at national and international levels. O) Process inquiries and issue the opinions requested of it, related to conciliation, arbitration, and any other alternative mechanism for dispute resolution approved by the Commission. P) Any other function that relates to, develops, or improves the foregoing, in accordance with the Law.

APPLICATION OF THE REGULATION. Conflicts or disputes submitted to the CCA-CICH shall be resolved in accordance with the arbitration agreement of the parties, this Regulation, the Law of Conciliation and Arbitration, without prejudice to recognition of other international procedural rules on dispute resolution mechanisms.

SUBMISSION TO THE CENTER. By submitting themselves, in accordance with article 52 of the Law, the parties are subject to the CCA-CICH as an administering entity of conciliation and arbitration, with the powers and obligations established in this Regulation.

CONFIDENTIALITY. Conciliation, arbitration, and any other alternative mechanism for resolving disputes approved by the Center shall be confidential, so the right to privacy and good name of the users of the processes and procedures carried out at the Center shall be protected. However, for academic and statistical purposes, with the express written authorization of both parties and excluding their names, the Center may compile the awards and decisions that are produced in the arbitration proceedings submitted. CHAPTER II ORGANIZATION OF THE CENTER SECTION I COMMISSION OF CONCILIATION AND ARBITRATION

ORGANIZATION. The Commission is the advisory, consulting, and disciplinary body of the CCA-CICH, in charge of fulfilling the functions provided for in this Regulation. The Commission is composed of five (5) principal members and five (5) alternate members, who shall be appointed for a period of two (2) years, and may be re-elected, appointed by the Board of Directors of CICH. At least two (2) of its members must have experience in alternative dispute resolution methods. The Board of Directors, at the time of election, shall designate the President of the Commission. In any case, the members of the Commission cannot be elected unless the election of the members of the Board of Directors of CICH for the pertinent period has been completed.

FUNCTIONS OF THE COMMISSION. The functions of the Commission are as follows:

• A)

  Approve the administration of procedures other than those provided for.

• B)

  Approve or disapprove applications to integrate the lists of conciliators, arbitrators, secretaries, experts, and any other professional who is part of the other alternative dispute resolution mechanisms duly approved by the Commission according to the selection methodology previously approved by it.

• C)

  Address the violations committed by arbitrators, secretaries of arbitral tribunals, conciliators, and any other professional who is part of the other alternative dispute resolution mechanisms duly approved by the Commission, and decide whether or not to impose the corresponding sanctions.

• D)

  Exclude from the lists of the Center, for just cause, conciliators, arbitrators, secretaries, and experts, and any other professional who is part of the other alternative dispute resolution mechanisms duly approved by the Commission, when appropriate.

• E)

  The parties have the power to appoint their arbitrators; however, when they cannot be agreed upon and there are no objections from the parties, they may appoint principal and alternate arbitrators according to the specialties and experience for those processes that require it, as established in this Regulation, using the procedure that the Commission itself establishes.

• F)

  Resolve recusations of arbitrators, including matters related to conflicts of interest and similar matters.

• G)

  Serve as a consulting body to the Director of the Center, to whom it shall indicate the general policies and guidelines to be followed.

• H)

  Ensure compliance with the Center's regulations and that services are provided by applying the Center's ethical principles, efficiently, in accordance with the Law and this Regulation.

• I)

  And any other service offered by the Center that does not correspond to another body thereof.

TERM OF THE COMMISSION. The term of the members of the Commission shall be two (2) years. However, if upon expiration of the respective term they have not been replaced, they must continue in their positions until such time as this occurs.

RESERVED NATURE OF SESSIONS. The sessions of the Commission shall have a reserved character, unless the simple majority of the members present in the respective session agree otherwise, which must be recorded in the corresponding minutes.

INABILITIES AND IMPEDIMENTS. Every principal and alternate member of the Commission is disqualified or shall be declared prevented:

• A)

  From being appointed as an arbitrator, when the appointment corresponds to CICH.

• B)

  From participating in Commission sessions when he/she has an interest in a matter or litigation submitted to arbitration. In the case of a principal member, the remaining members of the Commission shall summon an alternate member.

• C)

  When he/she considers that it is his/her ethical duty not to exercise his/her functions with respect to a specific matter. SECTION II DIRECTION OF THE CENTER

THE DIRECTOR. The CCA-CICH shall have a Director who is responsible for the management and administration of the Center and the execution of its policies. The Director must be an expert in the handling of the techniques, procedures, and services provided by the Center. The Director shall be appointed by the Commission in accordance with the internal procedures of the CCA-CICH.

FUNCTIONS OF THE DIRECTION. The Director of the Center shall exercise the following functions:

• A)

  Be the highest authority of the CCA-CICH in administrative matters.

• B)

  Act as Secretary of the Commission, for which he/she shall attend sessions with voice but without vote.

• C)

  Provide support in transcription and documentation of the process to the Arbitral Tribunals that are established to hear the different disputes submitted to the CCA-CICH.

• D)

  Consult with the Commission regarding changes in the management of the Center, when deemed convenient or necessary.

• E)

  Directly perform the functions of the CCA-CICH, in accordance with the policies and general guidelines that the Commission establishes in order to achieve the proposed objectives.

• F)

  Direct conciliations prior to arbitration, in the cases that correspond to him/her.

• G)

  Issue certificates and certifications that accredit the status of conciliators and arbitrators of Arbitral Tribunals of the Center.

• H)

  Manage and obtain the amount of administrative expenses and arbitration fees and others.

• I)

  Forward to the Commission the requests for recusal of arbitrators and resolve issues of recusal of conciliators.

• J)

  Liquidate the expenses contributed by the parties for the arbitration proceedings and payment of fees to the arbitrators.

• K)

  Handle the public relations of the Center directly or through an employee designated for that purpose.

• L)

  Keep the lists of conciliators, arbitrators, experts of the CCA-CICH and any other professional who is part of the other alternative dispute resolution mechanisms duly approved by the Commission updated, along with the curriculum vitae that corresponds to each one.

• M)

  Provide support in the management of the case file and all acts of communication with the parties in the arbitration process. For this, he/she is fully empowered to participate in each and every hearing held during their processing.

• N)

  Review that the written request for conciliation meets the requirements mentioned in article 36 of this Regulation. O) Submit in a timely manner to the consideration of the Commission the names of persons who request to be registered in the lists of conciliators, arbitrators, or experts of the CCA-CICH. P) Ensure that the provision of services by the Center is efficient and complies with the law, the regulation, and within the general principles of ethics. Q) Verify that those seeking to integrate the lists of conciliators, arbitrators of arbitral tribunal, and experts, meet the requirements required for this. R) In general, execute all actions aimed at improving the administrative functions of the Center and its image, provided they are not functions that correspond to the Commission.

SUB-DIRECTOR OF THE CENTER. The Commission may appoint a Sub-Director, who shall perform the duties of Director in temporary or final hearings until the Director is designated and shall be in charge of the activities assigned or delegated to him/her by the Director. The hiring shall be in accordance with the internal procedures of the CCA-CICH. SECTION III CONCILIATORS, ARBITRATORS, AND SECRETARIES

LISTS. The Center shall have official lists of conciliators, arbitrators, and secretaries of the Arbitral Tribunal and any other professional who participates in the other dispute resolution mechanisms approved by the Commission, without prejudice to the fact that it may have lists of experts or others that it deems relevant according to the subject matter to be addressed. The official lists of the Center shall have a number of members that allows for timely and effective provision of services. The same person may simultaneously be part of the list of conciliators, arbitrators, experts, and secretaries of the Arbitral Tribunal and any other professional who participates in the other alternative dispute resolution mechanisms approved by the Commission. Once a person is chosen as a conciliator, arbitrator, expert, or secretary, he/she is not disqualified from being selected from the other lists of which he/she is a member, except in those cases related to the conflict and subject matter for which he/she has already acted as a conciliator, arbitrator, expert, or secretary. Whoever, in accordance with this regulation, is suspended or excluded from one list, shall automatically be excluded or suspended from the others.

PROFILE OF THE CONCILIATOR. To act as a conciliator of the CCA-CICH, the following requirements and characteristics must be met:

• A)

  Be a university professional duly registered and authorized to exercise their attributions in their respective professional association.

• B)

  Know the ethical principles that govern the Center, have the attitudes that facilitate their practice, and comply with the regulations.

• C)

  Believe in conciliation as a means to resolve conflicts. Have the capacity to review and permanently update their personal paradigm, to adapt attitudes, positions, and beliefs in favor of conciliation.

• D)

  Have a clear sense of justice.

• E)

  Have the capacity to give real and practical meaning to civic values that characterize democracy and pluralism: solidarity, dialogue, respect, individual freedoms, and the common good.

• F)

  Be an agent of cultural change that contributes to the transition from a litigation culture to a culture of peaceful coexistence.

• G)

  Be trained, in accordance with the requirements of the Center, in the handling of negotiation and conciliation techniques.

• H)

  Possess broad awareness and sensitivity, in accordance with the humanistic function they perform.

• I)

  Keep themselves updated in their knowledge of conciliation.

• J)

  Meet any other requirements that the Law and the Regulation may require or that the Commission considers.

PROFILE OF THE ARBITRATOR. Those who aspire to be included in the list of arbitrators of the CCA-CICH must meet the following requirements, without prejudice to any others that the Commission may consider:

• A)

  Know and previously accept the ethical principles that govern the Center, have the attitudes that facilitate their practice, and comply with the regulations.

• B)

  To form those arbitral tribunals that must rule in accordance with technical knowledge related to the subject matter submitted to arbitration, be a professional expert in the corresponding technique and be legally incorporated in the corresponding Professional Association, duly current with the same.

• C)

  To form those arbitral tribunals that must rule in accordance with Law, with the exceptions in the case of International Arbitrators, be a legal professional and be legally incorporated in the Bar Association of Honduras and be current with the same.

• D)

  Professional practice of not less than five (5) years to arbitrate controversies of lesser amount and not less than seven (7) years to arbitrate matters of greater amount.

• E)

  Have attended and passed the training course on the subject required by the CCA-CICH.

• F)

  Those other requirements required by the Law, this Regulation, or any other applicable regulation of the CCA-CICH.

SECRETARIES OF THE ARBITRAL TRIBUNAL. The Arbitral Tribunal of the CCA-CICH shall appoint a secretary from the official list of the Center, who shall provide legal and technical support to the Tribunal and shall have the functions of technical guidance of the process and the management of the case file.

PROFILE OF THE SECRETARY. To be included in the official list of secretaries of the Center and to exercise these functions, the following requirements must be met:

• A)

  Know the ethical principles that govern the Center, have the attitudes that facilitate their practice, and comply with the regulations.

• B)

  Be of recognized honorability and prestige and not have been sanctioned by the Professional Honor Tribunal where they are registered.

• C)

  Legal professional, be incorporated and current with their obligations to the Professional Association where they are registered, and know the technique of arbitral process management.

• D)

  Have attended and passed the training course on the subject that the CCA-CICH may require.

• E)

  With five (5) years of professional practice and be legally incorporated and current with the Professional Association where they are registered. The five (5) years of experience shall be counted from the date of incorporation in said Professional Association.

INCORPORATION INTO THE OFFICIAL LISTS. The official lists of the CCA-CICH shall be prepared and kept current in accordance with the following rules: To be included in any of the lists, the interested party must present to the Director of the Center the following documents:

• A)

  Written application.

• B)

  Curriculum vitae.

• C)

  Certificate evidencing that the person has taken and passed the CCA-CICH training for prospective conciliators or arbitrators, issued by the Commission and signed and sealed by the Director of the Center.

• D)

  Certificate from the Professional Honor Tribunal of the corresponding Professional Association, showing that they have not been sanctioned.

• E)

  Certificate of solvency from the corresponding Professional Association.

• F)

  Criminal and police background records.

• G)

  Two (2) personal references from professionals of recognized honorability and prestige.

• H)

  Meet any other requirements that the Law and the Regulation may require or that the Commission by unanimous vote may consider. The Director shall verify that the formal requirements are met and, having been satisfied, shall present the name of the applicant for consideration by the Commission so that it may make a final decision on the registration application.

COMMITMENT LETTER. Once the respective admission application is approved, the admitted person must execute a letter with the institution, by virtue of which the applicant formally commits to perform their function in a diligent and effective manner, complying with the policies and regulations of the Center.

OBLIGATIONS. The persons subject to this Regulation must comply with the following obligations, according to their position and functions, without prejudice to those contained in other sections of this Regulation and the Law:

• A)

  Refrain from executing acts in the facilities of the Center that violate morality or good customs.

• B)

  Comply with and adhere to the ethical principles of the Center, as well as its objective.

• C)

  Update and train themselves on topics related to both alternative dispute resolution methods and the specialty to which they belong, by attending conferences, discussion forums, internships, training courses, seminars, and in general, the academic activities programmed by the Center.

• D)

  Train and update themselves in the use of computer systems in order to manage, at a minimum, the basic elements of the main software programs (MS Word®, MS Excel®, MS Power Point®, etc.) or similar applicable computer packages that may emerge.

• E)

  Train and make appropriate use of the information systems offered by the Center with a view to providing better service.

• F)

  Adhere to the principle of good faith in their actions.

• G)

  Cite the parties or their representatives, as appropriate, to each of the hearings or meetings, with sufficient advance notice and in the manner indicated by law or by the Center's procedures.

• H)

  Fully comply with the current regulations on the matter, the professional and ethical duties of the respective profession.

• I)

  Comply with all norms related to disqualifications, incompatibilities, conflicts of interest, and duty to inform; as appropriate to the nature of the functions and position, and notify whoever corresponds of any situation that may cast doubt on their impartiality and independence.

• J)

  Report to the competent authorities and notify the Center of any conduct that according to this Regulation or the Law is subject to discipline.

• K)

  Develop the functions and duties contained in all current regulations applicable to their respective functions.

• L)

  Devote to the attention and study of the case all the time that it reasonably requires.

• M)

  Exercise their functions with full adherence to professional ethics and the guidelines established by the Law and by the Center.

• N)

  In the case of arbitration, arbitrators and secretaries must ensure proper protection of the process and observe the maximum period for the duration of the process. O) In general, comply with any other requirement established by the Center in accordance with the Law and this Regulation. P) Guarantee proper custody and preservation of both the case file containing the procedural actions and any other elements related to the process. Q) Report in writing to the Center the acceptance or withdrawal from a public position, for the purpose of being temporarily suspended or reinstated on the lists. R) Grant any legally interested person in a proceeding, or the lawyer of such person, the full right to be heard in accordance with the law. S) Provide disinterested collaboration to the Center in the event that it requires it and conditions permit. T) Perform the acts that are necessary to avoid invalidity of the action and, should the case arise, to remedy any that may have occurred. U) Be punctual and responsible in the management of the schedules established for the different hearings, arriving in advance to have everything ready that is needed and to start the action exactly at the scheduled time. V) Process conciliation, arbitration, or any other alternate mechanism for dispute resolution approved by the Center, in accordance with the procedures agreed by the parties, applicable legislation, and the Center. W) Treat with respect, courtesy, impartiality, and integrity the representatives, the parties, and in general, the persons with whom they interact during the provision of the service. X) Safeguard the interests of the Center, being loyal to the institution and acting in such a way that contributes to achieving its permanence and development.

VALIDITY OF INCORPORATION. The official lists of the Center shall be reviewed by the Commission and renewed every three (3) years, upon expiration of which, the Commission shall renew or not renew the registration. To that end, the Commission shall send a communication requesting an update of personal contact information and the documents established in items D, E, and F of article 18 of this Regulation in order to carry out the renewal, for which a period of thirty (30) business days shall be granted. Against the decision of the Commission by which it resolves the renewal or non-renewal of registration, the remedy of reconsideration may be filed, which must be filed within a period of three (3) business days from the notification of the resolution. The remedy of reconsideration must be resolved by the same body within a period of five (5) business days from its presentation. Against the resolution of the remedy of reconsideration no remedy shall lie.

FAULTS. A fault consists of the non-compliance with the obligations established in the Law, this Regulation, and other regulations of the CCA-CICH, such as the following:

• A)

  When they are sanctioned criminally or disciplinarily or incur ethical faults that damage their image or that of the Center, provided that this matter is duly proven to the Center. Exceptions are made for criminal sanctions for negligent crimes (negligence).

• B)

  Not accepting the appointment made by the institution to handle a specific case or not appearing at a hearing, except in case of force majeure, act of God, or duly justified excuse.

• C)

  Not meeting the requirements of law, regulations, and ethical principles of the Center.

• D)

  Not meeting the deadlines established in this Regulation.

• E)

  Not participating in at least one of the free dissemination or promotion activities of the Center programmed annually.

• F)

  Not repeatedly participating in academic activities, coordinated or conducted by the Center.

• G)

  Providing inaccurate or false information, or omitting relevant information.

SANCTIONS. Depending on the severity of the fault, one of the following sanctions may be imposed on the responsible party:

• A)

  Private Reprimand: It is a confidential notice contained in a written document signed by the Director, which shall remain in the professional's file to whom it is directed.

• B)

  Suspension: It is the temporary removal from the list of professionals to which they belong. The suspension shall have a minimum duration of three (3) months and a maximum of six (6) months, after which they shall be considered again as an eligible professional by the Center.

• C)

  Exclusion: It is the permanent separation from the Center's lists. Exclusion results in the impossibility of being part of or re-entering any of the official lists of the Center. The professional who has been suspended or excluded from the Center's lists, applying items B and C of this article, may not be chosen by the parties to exercise the functions of arbitrator, conciliator, or secretary in the proceedings administered by the Center.

DISCIPLINARY PROCESS AND APPLICATION OF SANCTIONS.

• A)

  The process may be initiated by written request of any natural or legal person, presented at the facilities of the Center.

• B)

  The Director shall notify the professional of the investigated fact so that they may present in writing their version of the facts, providing relevant explanations or acknowledgment of the same, within ten (10) business days following receipt of the communication in which they were informed about the disciplinary process. Failure to do so within the stated period shall be understood as acknowledgment of the facts and the respective sanction shall be imposed, if appropriate. The Director shall submit the results of the investigation to the Arbitral Commission, which shall decide the applicable sanction in the specific case.

• C)

  The person against whom the disciplinary proceeding is initiated shall have the right to know all actions, to request copies of the case file that contains them, to exercise their right of defense by presenting written rebuttals and presenting evidence they deem appropriate or requesting the taking of evidence not in their possession. They may also appoint a representative and may know the content of the decisions.

• D)

  The sanctions shall be executed by the Director, in accordance with what was resolved by the Commission.

• E)

  The sanction must be reasoned and based on evidence gathered during the process.

• F)

  Against the resolution of the Commission imposing sanctions, no remedy may be filed, except in the cases provided for in the Constitution of the Republic.

INFRACTIONS WARRANTING PRIVATE REPRIMAND. The following conduct may warrant private reprimand:

• A)

  Fail, without valid written excuse, to attend training programmed by the Center.

• B)

  Fail to comply with the scheduled times for hearings or meetings.

• C)

  Not accept cases assigned to them without impediment or valid excuse.

• D)

  Not update personal contact information contained in the Center's database, either by updating requested by the Center or by changes that may affect the service.

• E)

  Not comply with the procedures established by the Center.

• F)

  Not timely inform the Center of any situation that may jeopardize the success of the proceeding or the reputation of the Center, its collaborators, or Alternate Mechanisms for Conflict Resolution.

• G)

  Not adequately prepare in advance and with depth the hearings.

• H)

  Not safeguard proper custody and preservation of both the case file containing the procedural actions and other elements related to the process.

• I)

  Schedule hearings outside of service hours, unless with express authorization from the Center.

• J)

  Use inappropriate vocabulary when addressing any person, that is, utter insults or use hurtful or obscene words to refer to a party, their representative, or even any other professional or employee of the Center.

INFRACTIONS WARRANTING SUSPENSION. The following conduct may warrant suspension:

• A)

  Incur in a second fault that warrants written reprimand.

• B)

  Mismanage resources under their custody, or not deposit them timely to whoever corresponds.

• C)

  Exercise any type of pressure or lobbying with a party or with the Center, to be appointed in a proceeding as arbitrator, secretary, conciliator, or similar.

• D)

  Fail to comply with duties related to disqualifications, conflicts of interest, duty to inform, and in general, those duties related to independence and impartiality.

• E)

  Resign from the proceeding without just cause once accepted.

• F)

  Violate the confidentiality duties established in this Regulation and the Law.

INFRACTIONS WARRANTING EXCLUSION FROM PROFESSIONAL LISTS. The following conduct may warrant exclusion:

• A)

  Have been sanctioned with suspension on two (2) or more occasions for the same or different reason.

• B)

  Have been sanctioned by the Professional Honor Tribunal of the corresponding Professional Association, or by any other entity or authority, for violation of their duties as a professional or for criminal or disciplinary infractions.

• C)

  Participate in a proceeding knowing that they are or may be in a possible conflict of interest or in a disqualification or cause for impediment that prevents them from acting with impartiality or independence toward the parties or their representatives. To this effect, the actions taken by the professional to identify such situation shall be verified.

• D)

  Have seriously breached the Rules and Ethical Principles of the CCA-CICH.

ACCEPTANCE OF THE REGULATION. By the simple submission of the application for incorporation into any of the lists of the CCA-CICH, it is understood that the applicant has read and accepts the content of this Regulation and commits to comply with it and to enforce it in the exercise of their functions; likewise, it is understood that they commit to exercise their position with strict adherence to the Conciliation and Arbitration Law and the ethical principles of the Center. Acceptance also includes that of the fees set in the current Fee Schedule and payment guidelines.

MANNER OF RESOLVING CONFLICTS. This Regulation shall govern conciliation, arbitration proceedings in law, in equity or technical matters, and any other alternative conflict resolution mechanism approved by the Commission. In the case of arbitration, the Arbitral Tribunal shall resolve the conflict in accordance with the nature established in the arbitration agreement and, in its absence, it shall be presumed that the arbitration agreed upon by the parties is technical.

NOTIFICATION. All notifications shall be made to the last address of the intended recipient party or their representative as communicated by such party or by any other party. Such notifications or communications may be effected by delivery upon receipt, certified mail, messenger service, electronic mail, or any other digital telecommunication means that provides a record of transmission.

MODALITY OF HEARINGS. The Director of the Center or the Arbitral Tribunal, as the case may be, may choose between in-person, virtual, or hybrid modality to hold any hearing within the conciliation process, arbitration, and any other alternative dispute resolution mechanism approved by the Commission, provided that the parties do not make any mention regarding this matter. Virtual modality employs the use of videoconference platforms that transmit in real time, for which the parties must have the appropriate technological equipment for the case and comply with the guidelines approved by the Commission. In any case, during virtual hearings, all participants must always keep their cameras turned on, except in case of a duly justified technical problem.

TERMS AND DEADLINES. The terms and deadlines established by the Regulation shall begin to run the day following that on which a communication or notification is considered effective according to the forms established in this Regulation. For all purposes, the days and hours established for the terms and deadlines shall be understood as business days, unless otherwise provided. Business days are understood to be those days and hours when the Center is open to the public. If the last day of the deadline falls on a holiday or non-business day, the deadline shall be extended until the first following business day. The Director of the Center in a conciliation process, or the Arbitral Tribunal in arbitration, as the case may be, may enable non-business days and hours, it being understood that the enablement is made by ordering or executing proceedings on non-business hours and days. The Director of the Center in a conciliation process, or the Arbitral Tribunal in arbitration, as the case may be, in addition to the deadlines established in this Regulation, shall have the freedom to set those required by each corresponding procedure. Furthermore, they may extend them if they deem it convenient.

OFFICIAL LIST OF CONCILIATORS AND ARBITRATORS. Conciliators and arbitrators must be appointed and chosen from among those included in the Official List of Conciliators and Arbitrators, current at the moment of submitting the request for conciliation or constitution of the Arbitral Tribunal.

CONFIDENTIALITY OF PROCEEDINGS ADMINISTERED BY THE CENTER. Every proceeding administered by the Center shall be a private and confidential process, conducted behind closed doors, unless the parties establish limits in specifically indicated aspects. All information, of any kind, must be protected according to privacy and confidentiality standards by all members participating in the proceedings. The transfer of information from a specific proceeding to ordinary jurisdiction shall be carried out with prudence, only when necessary, and respecting the limits of privacy and confidentiality. SECTION II CONCILIATION

FUNCTION. Conciliation shall be initiated for the purpose of resolving disputes in an extrajudicial manner, for which the parties shall attend a conciliation hearing under the direction of a conciliator, with specialization in the subject matter of preference, in order to resolve in whole or in part the disputes arising from a contractual or non-contractual matter.

REQUEST FOR CONCILIATION. One or more parties interested in promoting a conciliation process before the instances of the CCA-CICH must submit a written request directed to the Director of the Center. The conciliation request must contain the following requirements:

• A)

  Name, domicile, physical address, email address, telephone number of the applicant and of their representatives or attorneys when applicable;

• B)

  Name, domicile, address of the prospective summoned party and their representatives or attorneys when applicable;

• C)

  A brief description of the conflict to be addressed and the claims of the requesting party;

• D)

  A reasonable estimate of the value or the statement of the character of a determined value;

• E)

  The documents that are considered relevant for the better development of the conciliation process and that have a direct relationship with the conflict;

• F)

  Place and date of the request;

• G)

  Signature of the applicant;

• H)

  The receipt evidencing payment of administrative expenses in favor of the CCA-CICH and the fees of the conciliators; which, in case the conciliator is not appointed, shall only be refunded the portion contributed as a concept of conciliator fees.

DURATION. The duration of conciliation may not exceed five (5) months, counted from the acceptance of the sole or last conciliator, without prejudice to the parties being able to agree jointly and prior to its expiration to extend it.

APPOINTMENT OF CONCILIATOR. The conciliator shall be appointed by the parties involved in the process, for which the Director of the Center shall grant them a period of three (3) business days to appoint the Conciliator in accordance with the current Official List of Conciliators. After that deadline has elapsed without the parties agreeing on the appointment of the Conciliator, the Director of the Center shall appoint the Conciliator within the three (3) following business days. The appointed Conciliator who is not subject to disqualification or grounds for recusal must accept the position within a period of three (3) business days following notification of appointment made by the Director of the Center. In the event that the Conciliator does not accept the position or does not respond within the allotted deadline, the Director of the Center shall initiate the appointment process established in the preceding paragraph again.

DEVELOPMENT OF THE PROCEDURE. With the acceptance of the position by the conciliator, the Director of the Center shall invite the conciliator and the parties to hold a conciliation hearing, setting the place, date, time, name of the conciliator and other information relevant to the case. The summons shall have attached a copy of the conciliation request and other documents related to the case.

LANGUAGE OF CONCILIATION. The official language of conciliation shall be Spanish. For these purposes, the conciliator may request the translation of documents or the intervention of interpreters as appropriate for the case. Costs arising from document translation or interpreter service shall be divided in equal proportions between the parties when it is of common interest and, at the expense of only one party, when only that party benefits.

DISQUALIFICATIONS AND RECUSALS. The grounds for recusal and abstention of conciliators shall be the same as those established for judges and magistrates of ordinary jurisdiction, as well as any reason due to legitimate cause that contravenes the performance of their functions in an impartial and independent manner. Once the position has been accepted, if the conciliator considers or becomes aware of the existence of a circumstance included within the grounds for recusal and abstention within the scope of the first paragraph of this article, the conciliator shall communicate it to the Center within the three (3) following business days. If grounds are found, the Center shall decide on the admissibility by resolution, without possibility of any appeal. The parties may file in writing the recusal of the conciliator within three (3) business days following notification of acceptance or upon becoming aware of the existence of a disqualification. The conciliator and the other party may present a written opposition within the three (3) business days following service of the written motion. The Center shall decide on the admissibility of the recusal by resolution, without possibility of any appeal.

PERSONAL APPEARANCE. The parties must appear personally at the conciliation hearing and, in the case of legal entities, by means of their legal representatives. The parties may be accompanied by their legal representatives for the purpose of providing advice to their clients; but they shall not intervene directly in the hearing. In the event that the parties cannot attend, they may be represented by a third party or by their legal representatives, provided that they have powers of express mention, sufficient to conciliate and act within the process.

CONCILIATION HEARING. The Conciliator shall conduct the hearing according to the following considerations, parameters and aspects:

• 1)

  Shall reaffirm to the parties the confidentiality and submission to the regulations of the Center for the conciliation process;

• 2)

  Shall act with equity, celerity, transparency and impartiality, ensuring that the parties understand clearly that their only interest is to assist them in an impartial manner so that they may reach self-composed resolution of their conflict;

• 3)

  Shall clarify the steps or rules that the parties shall respect during the course of the hearing;

• 4)

  Once the conflict is defined, shall assist the parties to present settlement proposals, taking careful note of the approaches that occur, or the proposed solutions that lead to a positive and fruitful result considering the real interest of the parties; and 5. Shall have special interest and care in advising the parties that the agreements that are reached are viable and do not affect third parties.

CONCILIATION MINUTES: The minutes shall be clear and precise, containing punctually the rights and obligations that each of the parties acquires, if there is agreement, or the record that there was none, always preserving the confidentiality that characterizes the process. The conciliator, in order to draft the minutes, shall comply with the following rules:

• 1)

  In the event that the parties reach a total or partial conciliatory agreement, the conciliator shall immediately prepare the minutes, clearly expressing that, having the capacity to conciliate, they have reached the following agreement, incorporating it therein. The minutes shall be signed by the parties and the conciliator;

• 2)

  If one of the parties fails to appear, it shall be concluded and the conciliator shall issue to the interested party a record of impossibility of conciliation;

• 3)

  When the parties are unable to achieve a conciliatory agreement, they may request from the conciliator verbally, jointly or separately, that a new hearing be scheduled. In such case, the conciliator shall draw up a record of suspension of the hearing and shall inform the Director so that he or she may proceed to notify a new hearing date within a period not exceeding three (3) business days; and 4. When one or both parties, due to disagreement or lack of conciliatory intent, fail to reach a conciliatory agreement, the hearing shall be concluded and the conciliator shall immediately prepare the minutes constituting the record of disagreement, which shall be signed by the parties and the conciliator. SECTION III GENERAL PROVISIONS OF ARBITRATION

APPLICATION REGIME: This Regulation shall be applied by agreement of the parties established in the arbitration agreement or commitment, or when the parties decide to submit the arbitration before the CCA-CICH. For all purposes, the Regulation in force at the time of filing the written request for integration of the Arbitral Tribunal shall apply. Everything not provided for in this regulation and in the absence of agreement between the parties shall be resolved by the Arbitral Tribunal, once it has been integrated and installed, provided that it does not contravene a norm of public order as provided in the Law. The parties, by mutual agreement, may modify in whole or in part the rules of the arbitral process stipulated in this Regulation in accordance with the provisions of the Law.

DURATION OF THE PROCESS: The duration of the arbitral process shall not exceed five (5) months from the notification of acceptance of the sole or last arbitrator, unless otherwise agreed by the parties. The foregoing is without prejudice to the parties, by mutual agreement and prior to its expiration, deciding to extend it. The notification to the parties of the acceptance of the position by the sole or last arbitrator is the precise moment at which the arbitral process begins.

ORALITY OF THE ARBITRAL PROCESS: The arbitral process is governed by the principle of orality, so all proceedings shall be conducted in accordance with this principle. The hearings of the arbitral process shall be recorded; through audiovisual, digital, screen recording, or videoconference means or similar. The Secretary of the Tribunal shall draw up a record of the proceedings and procedural actions that occur during the course of each hearing. The content of the hearings may be recorded in detail in minutes, without detriment to the principle of procedural economy.

METHODS OF RECORDING THE ARBITRAL PROCESS: The hearings of the arbitral process shall be recorded by audiovisual, digital, screen recording, or videoconference means or similar. The Secretary of the Tribunal shall draw up a record of the proceedings and procedural actions that occur during the course of each hearing.

SEAT OF ARBITRATION: The seat of the arbitral tribunal is the same as that of the Center, the city of Tegucigalpa, Municipality of the Central District, Department of Francisco Morazán, Republic of Honduras. The principal establishment of CICH shall serve as the place for the development of the hearings and procedural actions of the arbitration when the Arbitral Tribunal or the parties deem in-person proceedings appropriate. Notwithstanding the foregoing and unless otherwise agreed, the Arbitral Tribunal may meet in any place it deems appropriate.

LANGUAGE OF ARBITRATION: In national arbitration, the language of the process shall be Spanish. In international arbitration, the parties may agree on a different language in the arbitration agreement or commitment and, in the absence thereof, shall be governed by the Spanish language. Documents submitted in arbitration, as well as other written documents and notes of party origin that are in a language other than the language of arbitration, must be submitted with proper translation by qualified person(s) in the matter. Interpreters shall be admitted in the hearings of the arbitral process in support of the linguistic understanding of the situations occurring within the arbitration in question. The Translator must maintain the privacy and confidentiality of the information and secrets revealed, both during the course of the process and after its conclusion. The costs of translation or interpreter services shall be covered in accordance with the rule established in Article 40 of this Regulation. SECTION IV OF ARBITRATION SUB-SECTION I OF THE ARBITRATORS

NUMBER OF ARBITRATORS: The parties have the power to determine the number of arbitrators that shall constitute the Arbitral Tribunal, which at all times must be odd. With the absence of expression in the arbitration agreement or commitment, as well as the disagreement of the parties in fixing a number of arbitrators, a sole arbitrator shall be assigned to settle disputes of lesser amount and three (3) arbitrators for disputes of greater amount or undetermined amount. The following is understood as dispute of lesser amount, greater amount, and undetermined amount: A. There is a dispute of lesser amount when the economic value of the claims in the litigation is less than fifty (50) minimum monthly wages. B. There is a dispute of greater amount when the economic value of the claims in the litigation is equal to or greater than fifty (50) minimum monthly wages. C. There is undetermined amount when the economic value of the claims in a dispute cannot be determined immediately and precisely due to the circumstances of the case. By 'minimum wage' shall be understood the current and highest among all sectors of national commerce at the beginning of the arbitral process.

OFFICIAL LIST OF ARBITRATORS: The Arbitral Commission shall prepare an Official List of Arbitrators from which the parties, the arbitrators, and the Center authorities shall appoint the arbitrators. The appointed arbitrators who are not affected by impediments or grounds for recusal to incorporate the Arbitral Tribunal must announce their acceptance or rejection of the position within five (5) days following the notification of the appointment. The response is negative when he or she expressly rejects the position of arbitrator or omits to respond regarding the appointment within the stipulated time.

EXCLUSION FROM ARBITRATORS LIST: The information of the arbitrator included in the Official List of Arbitrators of the CCA-CICH shall be excluded when, by complaint of an interested party or ex officio by the Arbitral Commission, any of the following grounds for exclusion concur:

• A)

  When the non-compliance with legal and regulatory duties is not justified or when ethical faults related to the position on the List are incurred;

• B)

  When by final criminal sentence or disciplinary sanction ethical faults are incurred that tarnish his or her image or that of the Center. Exceptions are made for criminal sanctions relating to negligent crimes;

• C)

  When, without just cause and in a repeated manner, he or she does not participate in the activities of training, certification, and updating of knowledge on academic matters or promotion coordinated or directed by the College of Civil Engineers of Honduras through the Center for Conciliation and Arbitration;

• D)

  When, having been appointed to the function of arbitrator and having accepted, he or she does not exercise the position with the highest standards of professional quality or incurs in behavior contrary to ethics, good faith, and/or good customs.

APPOINTMENT OF SOLE ARBITRATOR: When the constitution of an Arbitral Tribunal with a sole arbitrator has been established, the parties shall select the arbitrator within a period not exceeding five (5) business days from the notification of the resolution issued by the Center's Management in this matter. After the expiration of the period, without designation of an arbitrator by the parties, ex officio or at the request of an interested party, the Arbitral Commission shall select the arbitrator from the Official List within a period not exceeding five (5) business days. Without prejudice to what is indicated in Article 56, the appointed arbitrator shall accept the position within five (5) business days following the notification of appointment. The rejection of the position shall remit to whoever made the appointment to appoint another arbitrator within the time and form established upon notification of the rejection.

APPOINTMENT OF COLLEGIATE TRIBUNAL: With the determination of the constitution of a Collegiate Tribunal, the Center shall issue the respective resolution, and the following directives and rules shall apply: A. For Collegiate Arbitral Tribunals with three (3) arbitrators, each party shall select an arbitrator within a period not exceeding five (5) business days from the Director's Resolution of the Center. The third arbitrator, who shall serve as President of the Arbitral Tribunal, shall be selected by the two (2) already appointed arbitrators within five (5) business days from the day following the date on which the last of these has accepted the position. B. For Collegiate Arbitral Tribunals with a number of arbitrators greater than three (3) members. Each party shall select a number of arbitrators in equal proportion, so that only one arbitrator remains. The parties shall have a period of fifteen (15) days to make the appointments from the Center's resolution. The remaining arbitrator shall be the President of the Arbitral Tribunal and shall be appointed by all arbitrators subject to prior selection by the parties, within eight (8) days following the acceptance of the position by the last of these. C. The failure to appoint one or more arbitrators by the parties within the stipulated time, ex officio or at the request of an interested party, the Arbitral Commission shall select the missing arbitrator(s) within a period of five (5) business days. D. If the arbitrators fail to select the President of the Arbitral Tribunal within the established period, the Arbitral Commission shall proceed with his or her selection within five (5) business days following.

SUBSTITUTION OF ARBITRATOR: The death, resignation, or separation of one or more arbitrators from the Arbitral Tribunal shall suspend the arbitral process and the period of duration of the process. The substitution of one or more arbitrators shall be under the same conditions as the arbitrator(s) removed from the Arbitral Tribunal, whose period shall not exceed ten (10) business days. The arbitral process and the period of duration of the arbitral process shall be reinstated upon notification of acceptance of the sole or last arbitrator.

THE DUTY TO DISCLOSE OF THE ARBITRATOR: The arbitrator has the duty to disclose, at the earliest possible time, any fact, condition, circumstance, situation, relationship, business, or similar of any kind that could compromise independence or impartiality in decision-making during arbitration.

GROUNDS FOR RECUSAL AND ABSTENTION OF ARBITRATORS: The grounds for recusal and abstention are as follows:

• 1)

  Intimate friendship or manifest enmity with any of the parties;

• 2)

  Kinship within the fourth degree of consanguinity or second degree of affinity with the parties to the process;

• 3)

  The same kinship within the second degree of consanguinity or affinity with the Attorney or Counsel for any of the parties intervening in the suit in the case;

• 4)

  Having been under guardianship or curatorship of any of those mentioned in the previous numerals;

• 5)

  Being or having been judicially reported or accused by any of them as author, accomplice, or concealer of a crime, or as author of a misdemeanor;

• 6)

  Having been the defender of any of the parties, issued an opinion on the full or process, or any of its incidents, as counsel or intervened in it as Prosecutor, expert witness, or witness;

• 7)

  Being or having been the informant or private accuser of the one recusing;

• 8)

  Being or having been guardian or curator of someone who is a party to the suit or in the case;

• 9)

  Having direct or indirect interest in the suit or in the case;

• 10)

  Having a pending suit with the party recusing;

• 11)

  Any circumstance, relationship of subordination, business, or similar that makes impossible the exercise with independence and impartiality of the position.

ARBITRATOR RECUSAL: The arbitrator's recusal shall be presented within five (5) business days following the knowledge or occurrence of a ground for disqualification. The arbitrator shall inform the Arbitral Commission in writing of the intention to recuse himself from the position with indication of the circumstances and grounds for disqualification pertinent to the case. The Arbitral Commission shall resolve the proceeding within a period of three (3) business days; said resolution shall be non-appealable. The duration of the recusal proceeding shall suspend the time limit for the duration of the process from the presentation of the arbitrator's recusal writing until the resolution of the proceeding issued by the Arbitral Commission.

DISQUALIFICATION OF ARBITRATORS: Disqualification shall be processed in accordance with the following stages: A. The parties must present the disqualification in writing to the Arbitral Commission within three (3) business days following notification of the arbitrator's acceptance of the position, or at the moment of becoming aware of the existence of one or several grounds for disqualification. B. The Arbitral Commission shall notify the other party and the disqualified arbitrators of the disqualification within twenty-four (24) hours following receipt of the disqualification writing. C. The opposing party and the arbitrators may separately present opposition to the disqualification writing within three (3) days following notification thereof. The Arbitral Commission shall transmit the opposition writing to the disqualifying party within twenty-four (24) hours following receipt of the opposition by the Commission. D. When there is evidence to be presented, the Arbitral Commission may convene the parties and arbitrators to a hearing to be held within a period of five (5) business days counted from notification of the opposition to the disqualifying party. The duration of the disqualification hearing may not extend beyond three (3) business days from its commencement. The Arbitral Commission shall resolve the disqualification proceeding with the utmost diligence possible, notifying the parties of the decision. E. The arbitrator may submit a resignation at any time from the installation of the disqualification proceeding, without implying tacit acceptance of the alleged grounds. SUBSECTION II COMMENCEMENT OF ARBITRAL PROCEEDINGS

APPLICATION FOR CONSTITUTION OF THE ARBITRAL TRIBUNAL: The arbitral proceeding is initiated by presenting the application for constitution of the Arbitral Tribunal before the Director of the CCA-CICH by any person subscribing to the arbitral clause or compromise. The application for constitution of the Arbitral Tribunal shall be accompanied by the number of copies in consideration of the quantity of arbitrators and of parties being sued. The Center shall proceed to form the merits file, in which any document, writing, and application presented shall be added until the Arbitral Tribunal is installed and issues the corresponding resolutions.

REQUIREMENTS FOR THE APPLICATION FOR CONSTITUTION OF THE ARBITRAL TRIBUNAL: The application for constitution of the Arbitral Tribunal must be presented in physical format before the Center's office or in electronic format in accordance with mechanisms approved by the Center and, in any case, shall comply with the following requirements: A. Full name as it appears in the National Identification Document of the parties when they are natural persons. The business name or corporate denomination with current registration at the moment of submission of the application. B. Address, email, telephone number, personal information as required by law of the parties and their legal representatives or attorneys-in-fact. C. A summary of the factual elements of the dispute to be resolved through arbitration. D. The determination of the amount or express statement of an indeterminate value. E. The address for receiving notifications, telephone number, fax and email. F. The receipt proving payment of the corresponding fifty percent (50%) of administrative expenses in favor of the CCA-CICH. G. The signature of the parties with legible blue ink in their own capacity, if a natural person; by the legal representative, if a legal entity. H. List of documents attached to the application in Annexes.

CORRECTION OF APPLICATION FOR CONSTITUTION OF ARBITRAL TRIBUNAL: The Center shall grant the applicant a period of three (3) days to correct the defects of the application or complete the arbitral convocation. In the event that the applicant does not correct the observations within the stipulated period, the office of the CCA-CICH shall order the filing of the case, without prejudice to the right to resubmit the application at another opportunity and shall forfeit the amount paid for administrative expenses for submission of the application.

RESOLUTION OF APPOINTMENT: With notification of the application for constitution of the Arbitral Tribunal to the other party, the Director of the Center must issue a resolution within forty-eight (48) hours following so that the parties may proceed to the appointment of arbitrators in accordance with what is provided in the arbitral clause or agreement or the present Regulation.

CONCILIATION HEARING IN ARBITRAL PROCEEDINGS: The Center shall invite the parties to hold a conciliation hearing directed by the Director of the Center. The Center shall transmit to the parties, by written note, the corresponding invitation, warning of the voluntary and personal nature of the conciliation hearing. The settlement of the parties in accordance with all claims shall allow the Director of the Center to draw up a Conciliation Act on the assumed commitments and shall establish the end of the arbitral process. If the settlement is partial, the arbitral process shall continue in function of the unconciliated claims. If conciliation fails or any of the parties does not attend the hearing, the arbitral process shall continue with the proceedings for constitution of the Arbitral Tribunal.

NEW CONCILIATION HEARING: Prior to issuing the award, the parties by mutual agreement may request the Center's office to suspend the arbitral process in order to conduct a new conciliation hearing directed by the Director of the CCA-CICH. At the request of the parties, the transaction resulting from the new conciliation shall be incorporated into the arbitral award. The time spent on the new conciliation shall not be counted for the computation of the time limit for the duration of the arbitral process. The new conciliation begins with notification to the parties of the admission of the application for new conciliation by the Center and ends with the issuance of the Conciliation Act, regardless of the degree of success.

COSTS AND FEES: With notification of acceptance of the arbitrators of the Arbitral Tribunal and upon completion of the disqualification, recusal, and/or substitution proceedings, the Center shall issue a properly communicated resolution to the parties so that within a period of five (5) business days they proceed to pay the administrative costs and fees of the corresponding arbitrators, with the provision that if none of the parties makes the timely deposit the file shall be archived. If only one of the parties makes the deposit of the amount within the established period, it shall be instructed to deposit the full amount for administrative expenses and fees within a period of five (5) business days granted for such purpose, so that the process may continue. If the payment of one is total and the other is partial, what is established in the preceding paragraph shall apply with respect to the party that has deposited the full amount. If both parties make partial deposits, the Center shall grant three (3) business days to the parties to complete the provision of funds for what is missing. Upon expiration of the period, if only one party has deposited the remainder, what is provided in the second paragraph shall apply. Non-compliance in completing the remaining balance by the parties shall authorize the Center to archive the file by resolution. When the Center verifies payment of the arbitrators' fees and administrative expenses in the proper terms, it shall issue a resolution notified to the parties to inform them of the specifications of the installation hearing of the Arbitral Tribunal. SUBSECTION III INSTALLATION HEARING

INSTALLATION HEARING: The Installation Hearing of the Arbitral Tribunal shall address the following parameters: A. Swearing in of the arbitrators, with the proper positioning of their positions. B. Delivery of the file to the member arbitrators of the Arbitral Tribunal. C. Appointment of the President of the Arbitral Tribunal. D. Appointment of the Secretary of the Arbitral Tribunal, who shall be sworn in when present; otherwise, it shall proceed at the following hearing. E. The Director of the Center shall serve as Ad-Hoc Secretary until the Secretary is properly sworn in and takes possession of the office. F. Establishment of the seat of arbitration following the rules of the present CCA-CICH Regulation. G. Establishment of the language of arbitration following the regulation of the CCA-CICH Regulation. H. Setting of the schedule for the arbitral process. I. Ordering the presentation of the complaint writing according to the agreed schedule and in the absence of agreement, in accordance with what is provided in this Regulation.

RESOLUTION OF ADMISSION: Upon completion of the hearing in question, the Arbitral Tribunal shall issue a resolution of admission. SUBSECTION IV CLAIM AND COUNTERCLAIM

REQUIREMENTS OF THE CLAIM: The complaint writing must be presented within fifteen (15) days following the date of the Admission Act, in physical or electronic format in accordance with guidelines approved by the Center, with all documents indicated in annexes, with copy for each party and member of the Arbitral Tribunal and, in compliance with the minimum requirements demanded below:

• A)

  Full name of the parties, if they are natural persons. In the case of legal entities, their business name or corporate denomination;

• B)

  Address, email, telephone, domicile, personal information as required by law of the parties and their legal representatives or attorneys-in-fact;

• C)

  Address authorized to receive notifications, telephone numbers, fax, email;

• D)

  Document evidencing the existence and legal representation of the claimant, when a legal entity;

• E)

  Account of the facts, claims and legal grounds, determining its cause of action. In the complaint writing the object of the process shall be established with its claim and in the answer writing the object of the dispute shall be set. The same applies in the case of counterclaim. F. Indication of the amount or statement of being an indeterminate amount. G. Copy of the document containing the arbitral clause or compromise, with original to be compared with copy by the Secretary of the Arbitral Tribunal or Ad-Hoc; H. Signature of the claimant party; and, I. Annexes that describe and enumerate the content of the documents attached to the complaint writing.

ADMISSION OF THE CLAIM: Upon receipt of the complaint writing, the Arbitral Tribunal shall resolve with admission, non-admission, or correction of merit. If the writing suffered from correctable defects or omissions, the Arbitral Tribunal shall proceed to communicate it to the claimant party, so that it proceeds to correct what corresponds within five (5) business days following notification. Upon admission of the claim, the Arbitral Tribunal shall transmit the claim to the other party by means of the proper communication channels.

NON-PRESENTATION OR CORRECTION: If the complaint writing or the correction is not presented within the determined period, the Arbitral Tribunal shall consider its functions terminated and shall return the proceedings of the parties.

ANSWER TO CLAIM, EXCEPTIONS AND COUNTERCLAIM: Upon notification of the claim, the defendant party shall present, in physical or electronic form, the answer writing within fifteen (15) business days following. The proposition of procedural exceptions and the counterclaim shall be accompanied with the answer writing to the claim. The answer to the claim and the counterclaim shall meet the same requirements as the claim.

ADMISSION OF ANSWER AND COUNTERCLAIM: Upon receipt of the written answer and counterclaim, the Arbitral Tribunal shall resolve with admission, inadmission, or correction of merit. If either or both written documents have subsumable defects or omissions, the Arbitral Tribunal shall proceed to communicate this to the respondent party so that it may correct what corresponds within five (5) business days following its notification. Once the counterclaim is admitted, the Arbitral Tribunal shall transmit the written document to the other party through authorized notification channels. The Arbitral Tribunal shall transmit to the claimant party the written answer, exceptions, and counterclaim together. Failure to answer in whole or in part does not presume tacit acceptance of the facts alleged in the claim.

RESPONSE TO EXCEPTIONS AND COUNTERCLAIM: Once the claimant party is notified of the answer, exceptions, and counterclaim, the defendant counterclaimant shall respond to the counterclaim and the exceptions raised within eight (8) following days. Failure to respond within the designated time period shall prompt the Secretary of the Arbitral Tribunal to draw up a record of the fact.

TACIT SUBMISSION: If the written claim is not accompanied by proof that the arbitration agreement is set forth in writing, the Tribunal shall notify or inform the other party, in accordance with legal provisions, of the claim filed, and if the other party presents an answer to the claim within the established period without raising exceptions of lack of competence, it shall be understood that it consents to submit to arbitral jurisdiction, that there is a tacit arbitration agreement, and where applicable, that it submits to the provisions of this regulation. SUBSECTION V PRELIMINARY HEARING

PRELIMINARY HEARING: The Arbitral Tribunal shall convene the parties to a preliminary hearing, establishing for this purpose the date, time, and place. In this hearing, the arbitral tribunal shall resolve, among others, the following matters:

• A)

  Competence: The arbitral tribunal is authorized to decide on its own competence, including on objections relating to the existence, validity, or effectiveness of the arbitration agreement. -- Objection in whole or in part to arbitration based on non-existence, invalidity, or ineffectiveness of the arbitration agreement, or because arbitration was not agreed upon to resolve the disputed matter, must be raised when the summoned party presents its answer to the claim. The arbitrators, however, may consider these matters on their own motion. - The arbitral tribunal shall resolve these matters as a preliminary question; however, it may proceed with the proceedings and decide on such objections in the award;

• B)

  Clarification, correction, or supplementation of the claim, the answer thereto, the counterclaim to the claim, or the answer to the counterclaim, which the tribunal shall request, and the parties shall respond to during the hearing or at the request of a party within three (3) days counted from the day following the conclusion of this hearing, without being able to modify the cause of action of the initial claim;

• C)

  On the amount of the claim and the counterclaim, if applicable, as well as provisions on the respective advance of costs;

• D)

  Resolution of exceptions raised, which it shall resolve in the hearing, or in the arbitral award, if they have been raised by the parties;

• E)

  Amendments to the proceedings regarding nullities, material or formal errors in the file, or any other incident that affects procedural elements;

• F)

  Resolution regarding undisputed facts, to be valued in the award without need for proof;

• G)

  Precise establishment of the facts in controversy through tribunal resolution, which shall determine the object of the debate;

• H)

  Setting of the Hearing for presentation of evidence, which shall concern the disputed facts, the parties shall propose evidence in their order, and the tribunal may hear the opposing party pronounce on the proposed evidence. The arbitral tribunal shall issue the corresponding resolution on the admissibility of the proposed evidence. I. Ratify or adjust the procedural calendar for the remainder of the arbitral process. SUBSECTION VI HEARING FOR PRESENTATION OF EVIDENCE

PRESENTATION OF MEANS OF PROOF: The Arbitral Tribunal shall hold a hearing for presentation of the means of proof offered at the established times. The parties shall individualize each means of proof submitted to the process, designating the facts it proves and its relevance. The Arbitral Tribunal shall grant the word to the respondent party so that it may list all means of proof offered in the corresponding manner, followed by the opposing party. The parties may point out the illegality, impertinence, impropriety, or uselessness of the means offered by the other party, after the conclusion of each statement.

ADMISSIBILITY AND VALUE OF EVIDENCE: The Arbitral Tribunal has the power to determine the admissibility, relevance, and value of evidence offered in the arbitral process, as well as to require clarifications, information, and/or supplementary evidentiary elements of any kind that it deems necessary for the purposes of the arbitration. The Arbitral Tribunal shall convene the parties to a hearing to present the admitted evidence, indicating to the parties by means of a ruling the date, time, place, and other relevant specifications. In case the evidence is purely documentary, the Arbitral Tribunal shall limit itself to announcing the complete presentation of the evidentiary items and shall open the conclusions phase.

EVIDENTIARY HEARING: The order of proceeding with presentation of means of proof shall be established at the discretion of the Arbitral Tribunal, taking into consideration the procedural formula with greater efficiency in proof production. The stages of the Evidentiary Hearing shall be conducted in accordance with the terms and assessments provided in the arbitral process calendar, which must have been determined during the installation hearing of the Arbitral Tribunal and reviewed during the Preliminary Hearing. Unless the parties provide otherwise, the proceedings arising from the evidentiary hearing shall, regardless of the modality of its celebration, be documented in physical and digital records, recorded on technical and/or digital medium through the use of audiovisual means useful to the case. The custody of information, documents, and computer files occurring in the evidentiary hearing shall be made in preservation of the privacy and confidentiality of the arbitral process. The arbitrators may declare expired the deadlines of stages already completed by the parties. The inactivity of the parties does not impede continuation of the process, nor the issuance of the award based on what has been done. The arbitrators may reasonably dispense with evidence not presented if they consider themselves adequately informed. The parties shall be responsible for the appearance of proposed witnesses and experts, as well as necessary interpreters, in due time and manner. The quality of image and/or sound, reproduction defects, or material damage to the medium of technical evidence that prevents its presentation shall be the responsibility of the proponent. The party proposing a deficient technical means may replace it with an exact and faithful copy of the original file. Access to spaces and things, sufficient for detailed observation, in the exercise of arbitral inspection, shall be guaranteed by the proponent(s) from the time of its offer, without prejudice to the Tribunal's authority to refuse to consider the evidence. Witnesses and experts shall take the corresponding oath of law. Subsequently, the Arbitral Tribunal shall proceed to the presentation of witness statements and expert testimony in the absence of other witnesses and experts. Once these conclude, the proponent of the evidence may begin with questioning by asking relevant questions to the object of the process, then the opposing party may formulate relevant questions. Confrontation of witnesses and experts shall be done when the Arbitral Tribunal deems it necessary.

SPECIAL RULES FOR EXPERT AND WITNESS EVIDENCE: Expert evidence shall be offered with submission of the expert opinion by the parties in their writings of claim, answer, counterclaim, and answer to counterclaim. The parties may request the performance of one or several expert examinations by their choice or by appointment of the Arbitral Tribunal, with precision of the name of the expert if by the party's choice, the scope and object of the work, and approximate time for preparation of the opinion; the Tribunal shall resolve on what is appropriate to the case, and may require the expert to present. The expenses occasioned by the expert examination shall be shared in equal proportions between the parties when the request is joint, and charged to only one party when its request is unilateral, provided there is no opposition from the other party. The silence of the opposing party may not be interpreted as tacit acceptance. If the Arbitral Tribunal requires expert evidence from the parties, the expenses shall be divided in equal proportions, and one of the parties may pay the totality of the expenses in the event of the other party's refusal, without prejudice to the decision on costs in the award. The Tribunal and the parties may question witnesses and experts, after their statement or presentation, to clarify, expand, or develop the content of the evidence. To the expert report presented in writing, the Arbitral Tribunal or the parties may request expansions thereof within the period that the Tribunal might grant for this purpose. The Center may approve guides regarding minimum technical conditions for the production of witness or expert evidence through electronic means.

EXPERT EXAMINATION AT THE TRIBUNAL'S INSTANCE: The Arbitral Tribunal may require expert evidence from the parties with submission of the opinion and presentational form, the expenses shall be divided in equal proportions, and one of the parties may pay the totality of the expenses in the event of the other party's refusal, without prejudice to the decision on costs in the award.

TERMINATION OF EVIDENTIARY PHASE: Once evidence has been presented in legal and proper form, the Arbitral Tribunal shall issue a ruling indicating the termination of the evidentiary phase and shall indicate the opening of the conclusions stage for this purpose. SUBSECTION VII CONCLUSIONS HEARING

CONCLUSIONS: The conclusions hearing takes place in oral form, with the possibility for the parties to present written, digital, or any other format support, projected for themselves or the public at the hearing, as part of the presentation. The outcome of conclusions must determine the veracity or not of the disputed facts, according to the evidence admitted and duly presented in the process, for the purpose of defining the legal effects produced. Once conclusions are concluded, the Arbitral Tribunal shall notify, by means of a ruling, the parties of the termination of the conclusions phase, shall warn of the last opportunity to reach new conciliation, the other appropriate rights to the case, and shall order the opening of the period for issuance of the award. SUBSECTION VIII AWARD

PERIOD FOR ISSUANCE OF AWARD: The Arbitral Tribunal shall issue the Arbitral Award prior to the expiration of the period of duration of the arbitral process. When the Arbitral Tribunal deems it necessary, it may convene the parties to a meeting with the intention that the parties agree to the extension of the period of duration of the process.

VOTING: The awards and decisions of the Collegiate Arbitral Tribunal shall be voted by simple majority of votes, provided the parties do not establish otherwise. In the absence of a majority, the vote of the President of the Tribunal shall count as two (2) votes, double vote in the sense of its initial decision.

REQUIREMENTS OF THE AWARD: The Arbitral Award shall be issued in writing and shall meet the following requirements:

• A)

  Place and date of issuance;

• B)

  Names of the parties, their representatives if any, and the arbitrators;

• C)

  The matter submitted to arbitration and a summary of the allegations and conclusions of the parties;

• D)

  Statement of admitted facts;

• E)

  Assessment of the evidence presented;

• F)

  The resolution, which shall be clear, precise, and consistent with the claims and other demands duly raised in the proceeding, making the declarations that these require, condemning or absolving the respondent, and deciding all disputed points that have been the subject of debate. When these have been multiple, the corresponding pronouncement for each shall be made with proper separation;

• G)

  Factual, legal, and jurisprudential grounds for admitting or rejecting the respective claims and defenses, in case the nature of the Arbitration is Law-based;

• H)

  Technical grounds employed for admitting or rejecting the respective claims and defenses, in the case of Technical Arbitration. I. The Resolution which shall be clear, precise, and consistent with the claims and other demands duly raised in the proceeding, making the declarations that these require, condemning or absolving the respondent, and deciding all disputed points that have been the subject of debate. When these have been multiple, the corresponding pronouncement for each shall be made with proper separation; J. Determination of the costs of the process, if any, and; K. Signature of the members of the Arbitral Tribunal and the Secretary. When the Arbitral Tribunal is collegiate and an arbitrator decides to dissent, it shall express it explicitly and indicate the reasons on which it bases it simultaneously with the signing of the majority award. The dissent must be reasoned, and its lack of drafting or signature shall not affect nor impede the execution of the majority award.

AWARD HEARING: The Award Hearing may be held in person or through a videoconference platform. Within said hearing, the Arbitral Tribunal shall do the following: 1. Complete reading of the operative part of the Arbitral Award, and the parties shall be deemed notified of the Arbitral Award. 2. Physical delivery of the certification of the Award, thereby concluding the award hearing. If one of the parties requests it in digital format, the Secretary of the Tribunal shall dispatch the content of the arbitral award in said format within the following twelve (12) hours through authorized digital communication channels. 3. Notification of the award due to absence of one of the parties shall be made within three (3) business days following the award hearing in physical and/or digital delivery of the Award at the domicile and/or by authorized electronic mail.

CLARIFICATION AND CORRECTION OF THE AWARD. Upon notification of the award, the parties may request in writing from the Arbitral Tribunal the clarification, completion, or correction thereof within three (3) days following the award hearing, whether due to calculation error, copying error, typographical error, or other aspects stipulated in the Conciliation and Arbitration Law. The Tribunal shall have a period of seven (7) days from receipt of the request to carry out the pertinent clarifications, completions, and/or corrections in the case.

REMEDIES. Against the arbitral award, the remedy of nullity shall be available on the grounds expressly stipulated in the Conciliation and Arbitration Law and International Treaties, and the other decisions of the Arbitral Tribunal may be reviewed through the filing of the remedy of reconsideration. By express agreement of the parties, the remedy of nullity may be heard and decided through the constitution of another Arbitral Tribunal in accordance with the same original arbitral process, for which purpose the proceedings shall be forwarded. In all other respects, both remedies shall be governed in accordance with what is established in the Conciliation and Arbitration Law. SUBSECTION IX EXPENSES AND FEES

SETTLEMENT OF EXPENSES. The Arbitral Tribunal shall make the final settlement of the additional expenses requested by the parties to advance the process, other than administrative expenses, for which purpose it shall cover the outstanding expenses and, after providing a reasoned accounting, shall return any balance to the parties if there is one.

ASSUMPTION OF THE FEE SCHEDULE. The participation of the parties in conciliation and/or arbitration processes filed before the CCA-CICH affirms knowledge of the content, scope, and full acceptance of the fees and rules adopted in the Official Fee Schedule for Expenses and Fees of the Conciliation and Arbitration Center of the Association of Civil Engineers of Honduras in effect from the filing of the request for constitution of the Arbitral Tribunal.

COSTS OF ARBITRATION: The costs arising from the arbitration process shall be borne by the parties in the proportion established by the Arbitral Tribunal. SECTION V INTERNATIONAL ARBITRATION

INTERNATIONAL ARBITRATION. The CCA-CICH may administer and process international arbitrations in cases where the parties have agreed to do so in the respective Arbitration Agreement. Arbitrations shall be considered international when, in accordance with International Treaties or the Law, they must be so classified.

SUBSTANTIVE RULES. In international arbitrations, the substantive rules applicable shall be those agreed upon by the parties in the respective Arbitration Agreement or, failing that, those determined by the Arbitral Tribunal at the Initial Hearing as shall be recorded in the admission order.

PROCEDURAL RULES. The procedural rules in an international arbitration shall be those of the regulations to which the parties have submitted themselves, and as mandatory arbitral rules those of the place established as the seat of arbitration. In international arbitrations conducted at this Center, the procedural rules developed in this Regulation shall be considered, and the mandatory rules shall be those of the Conciliation and Arbitration Law of Honduras. Arbitrations shall be conducted in accordance with the provisions of this Regulation, with the modifications established in this Chapter.

LEGAL ARBITRATION. In international arbitrations that must be resolved according to law, the arbitrators must be legal professionals and be authorized to practice their profession. An arbitrator is understood to meet this requirement if he or she is authorized to practice the legal profession in the country where he or she practices it.

TECHNICAL ARBITRATION. In international arbitrations that must be resolved in accordance with technical rules or principles, the arbitrators must be experts in the art, profession, or trade that corresponds. Arbitrators are understood to meet this requirement if they practice it in their country of origin.

DISCRETION OF ARBITRATORS REGARDING LANGUAGE AND APPLICABLE RULES. In international arbitrations, in the event that the parties do not establish it by mutual agreement, the Arbitral Tribunal shall pronounce itself on the language of the arbitration and the rules applicable to the specific case.

NATIONALITY OF ARBITRATORS: Except by agreement to the contrary of the parties, the nationality of a person shall not be an obstacle to that person acting as an arbitrator. However, in the event that the controversy is resolved by a single arbitrator, the nationality of such arbitrator shall be different from that of the litigating parties, unless the Center deems otherwise, after consultation with the parties, who may object on well-founded grounds. This same rule shall apply in the case of the President of a collegiate tribunal. In all cases, arbitrators who are Civil Engineers and related professionals must have their corresponding registration with the CICH. SECTION VI DISPUTE RESOLUTION PANELS

DISPUTE RESOLUTION PANELS. Dispute resolution panels are an alternative method of conflict management whose purpose is for the parties to achieve prevention and/or efficient and expeditious resolution of their disputes during contract or project execution.

SUBMISSION. The dispute resolution panels shall issue recommendations to the parties, whether binding or non-binding, regarding how to resolve the dispute, depending on the terms agreed between the parties. The Parties may include a clause submitting themselves to a panel at the time they enter into the Contract or through a subsequent agreement. In any case, they must express their submission to the administration and organization of the Center as well as the provisions of this Regulation and any other applicable rules or guidance to the processes administered by the Center.

NATURE. This Regulation shall regulate two types of dispute resolution panels, without prejudice to the Center agreeing through a rule the regulation of other modalities. A) Dispute Resolution Panel (hereinafter, MRD), which issues binding decisions and non-binding recommendations. Within this modality is the MRD established in the State Procurement Law. B) Dispute Resolution Advisory Panel (hereinafter MCD), which issues non-binding recommendations. In both modalities, the panel may act on a permanent or ad-hoc basis, depending on the agreement of the parties. It is permanent when the presence of the panel is required from the beginning to the end of the project.

LISTS. The Center may maintain a list of experts who may be part of this dispute resolution mechanism. Likewise, the Center may determine the requirements for access to these lists. CHAPTER IV FINAL PROVISIONS

SIMULTANEITY IN THE CENTER'S OFFICIAL LISTS. The same person may simultaneously be part of the lists of arbitrators, conciliators, and arbitral tribunal secretaries, but whoever is excluded from one of them shall be automatically excluded from the others. Once a person is selected as an arbitrator, conciliator, or secretary, they are not disqualified from being selected in the other lists of which they are a member.

OFFICIAL LISTS OF ARBITRATORS AND CONCILIATORS. The Arbitral Commission shall approve by majority vote the official lists of arbitrators and conciliators each year from the approval of this Regulation. The CCA-CICH shall maintain the official lists updated and at the disposal of the general public.

ETHICAL PRINCIPLES. The Arbitral Commission shall approve, by majority vote, the ethical principles that shall govern the ethical conduct, moral behavior, and good customs, during or outside of a proceeding before the CCA-CICH, of the members of the Center for Conciliation and Arbitration of the College of Civil Engineers of Honduras, the arbitrators, conciliators, secretaries, the parties to arbitration, and the other subjects of relevance in this Regulation.

TARIFFS. The Official Tariff of Expenses and Fees of the CCA-CICH shall be approved by majority vote by the Arbitral Commission, and shall be reviewed periodically to address necessary regulations and modifications. The Official Tariff shall regulate matters concerning administrative expenses arising from conciliation and arbitration proceedings, as well as address the fees of conciliators and arbitrators, as well as the expenses and fees of other dispute resolution mechanisms approved and administered by the Center. When the amount of conciliation or arbitration is indeterminate, the Official Tariff of Expenses and Fees shall regulate the corresponding expenses and fees, as well as everything related to the same effects.

EFFECTIVE DATE OF THE REGULATION. This Regulation of the Center for Conciliation and Arbitration of the College of Civil Engineers of Honduras (CCA-CICH) shall enter into force six (6) months after its publication in the Official Gazette La Gaceta. ENG. BAYARDO PAGOADA FIGUEROA PRESIDENT ENG. ORLANDO JOSÉ AVENDAÑO ARGUELLO GENERAL SECRETARY, BY LAW 6 J. 2024