Mediation in Uruguay

Quick Facts

• Legal Framework: Uruguay adopted General Arbitration Law No. 19.636 in 2018, based on UNCITRAL Model Law on International Commercial Arbitration (2006 amendment). The law applies to both domestic and international arb...
• Cultural Approach: Uruguay has historical pro-arbitration tradition and arbitration-friendly approach among scholars and jurisprudence. The approach values alternative dispute resolution mechanisms. Uruguay is seen as l...
• Typical Costs: Conciliation mechanism regulated by GCP designed for efficient dispute resolution. Costs determined by GCP provisions and institutional rules. Costs are typically shared between parties unless otherwi...

Mediation Research

Legal Framework

Uruguay adopted General Arbitration Law No. 19.636 in 2018, based on UNCITRAL Model Law on International Commercial Arbitration (2006 amendment). The law applies to both domestic and international arbitration with clear rules favoring enforceability, party autonomy, and efficiency. Articles 293 to 298 of the General Code of Procedure (GCP) regulate the conciliation mechanism for commercial disputes. Uruguay is a party to key treaties including New York Convention (1958), Inter-American Convention on International Commercial Arbitration (Panama Convention 1975), and ICSID Convention. The Arbitration Law consolidates Uruguayan historical pro-arbitration tradition and arbitration-friendly approach among scholars and jurisprudence.

Court System

Articles 293 to 298 of GCP regulate conciliation mechanism for commercial disputes. Uruguayan courts are supportive and arbitration-friendly, assisting in appointment and challenge of arbitrators, granting interim measures, recognising and enforcing foreign awards, and setting aside awards only on limited grounds like public policy or procedural irregularity. Courts recognise and enforce arbitration agreements. Limited court intervention characterises the system, with courts supporting but not interfering with arbitration merits.

Mediator Regulations

Centro de Conciliación y Arbitraje (CCA) of Cámara Nacional de Comercio y Servicios del Uruguay provides conciliation and arbitration services with rules aligned with international standards. Corte de Arbitraje Internacional para el Mercosur provides international arbitration services. Uruguayan Institute of Commercial Law (IUEC) provides education and support for arbitration matters. Professional standards established through legal framework and institutional rules. Ad hoc arbitration is allowed under Uruguayan law, with parties often using UNCITRAL Arbitration Rules.

Cultural Approach

Uruguay has historical pro-arbitration tradition and arbitration-friendly approach among scholars and jurisprudence. The approach values alternative dispute resolution mechanisms. Uruguay is seen as legally neutral and stable, ideal for regional disputes. Party autonomy allows freedom to choose arbitrators, applicable law, seat, language, and procedures. Confidentiality is default in arbitration proceedings. The cultural context values efficient, private dispute resolution.

Typical Costs

Conciliation mechanism regulated by GCP designed for efficient dispute resolution. Costs determined by GCP provisions and institutional rules. Costs are typically shared between parties unless otherwise agreed. CCA administers arbitrations under its own rules with fee structures aligned with international standards. Local and foreign arbitral awards are enforceable under New York Convention with cost recovery provisions.

States and Regions