Originally from Arbitration Law and Practice in Latin America - Second Edition

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I.  INTRODUCTION: ARBITRATION IN BOLIVIA HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical Evolution of Law Relating to Arbitration

Bolivia has a long tradition of regulating arbitration. As early as January of 1829, four and a half years after attaining independence from Spain in August of 1825, one of the most outstanding figures of the wars of independence, Mariscal Andres de Santa Cruz, became Bolivia’s President for one of the longest presidential mandates in its history. With his impulse Bolivia became the first country in the Latin American region to enact complete sets of the main substantive and procedural laws, based on Spanish and French tradition and legislation, and more relevantly based on the so called “Napoleonic Codes”, including a complete Civil Code.  Arbitration became so governed by a separate Code of Procedures. The legislative process occurred during 1830 and 1831.

Under a complete chapter on “Judges Arbitrators” the said Code of Procedures provided that such judges and the exercise of their powers resulted from the agreement of parties. It governed the requirements for their appointment; procedure of appointment; right of the parties to waive appeal procedures; the exclusion of matters affecting the state, divorce and whenever public prosecutors were to be notified of legal process; a term of ninety days for arbitrators’ to resolve the case; the principle to rule only on the subject matters under controversy; detailed procedures and others.