Bolivia: How is Dispute Resolution Integrated

There are no explicit laws related to smart contracts. In Bolivia, two institutions have arbitration bodies for dispute resolution: the National Chamber of Commerce and the Chamber of Industry and Commerce of Santa Cruz (CAINCO). To use these domestic arbitration institutions, private parties must have arbitration in their contracts. While local courts recognize and enforce some foreign arbitral awards and judgments, these can be appealed in Bolivian court. Conflicting Bolivian law makes international arbitration very challenging. Since the 2009 Constitution, which states in Articles 320 and 366 that international arbitration is not recognized in any case and cannot proceed under any diplomatic claim, specifically limiting foreign companies’ access to international arbitration in case of conflicts with the Bolivian government, dispute resolution in Bolivia has become more complicated.


Previous Section Next Section

Have a comment, edit, or item to add? Share your thoughts by commenting below!

comments powered by Disqus