reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3186 - Social worker custody recommendation and court determination

The custody recommendation of the social worker, as well as the custody determination of the court, shall have the purpose of ensuring the best interests of the minor. The analysis shall consider joint custody as the first option, provided that it inures to the wellbeing of the minor. Otherwise, the social worker and the Court, as the case may be, shall make the determination that proves most beneficial for the minor.
Custody recommendations made by social workers shall be one of the factors to be considered by the court when making its determination, but it shall not be the only one. The court shall issue the corresponding custody determination taking into account the provisions of this chapter.
Notwithstanding the foregoing, the court shall always have judicial discretion with respect to the determination and awarding of custody, always protecting the best interests and welfare of the minor in light of all existing circumstances.
History —Nov. 21, 2011, No. 223, § 8.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3187 - When joint custody shall not be considered as beneficial and favorable to the best interests of minors

Joint custody shall not be considered as beneficial and favorable to the best interests of minors in the following cases:
(1) When one of the parents expresses that he/she has no interest in having custody of the minors on the basis of a joint custody plan. This shall be construed as a relinquishment in favor of the other parent.
(2) When one of the parents suffers from a physical or intellectual disability, as determined by a health professional, and the same is irreversible and to such extent that it prevents said parent from adequately caring for the children and guaranteeing their safety, as well as their physical, mental, emotional, and/or sexual integrity.
(3) When the actions or omissions of one of the parents are detrimental to the children or set an example that could potentially corrupt the children.
(4) When one of the parents or his/her spouse or domestic partner has been convicted of acts constituting child abuse.
(5) When one of the parents is imprisoned in a correctional institution.
(6) When one of the parents has been convicted of acts constituting domestic violence, as provided in §§ 601 et seq. of Title 8.
(7) Situations where the mother or the father has committed sexual abuse or any other sexual offense towards a minor, as classified in the Puerto Rico Penal Code.
(8) When one of the parents or his/her spouse or life partner, if any, is addicted to illegal drugs or alcohol.
If after joint custody has been awarded, one of the parents recklessly, arbitrarily, and unfairly refuses to accept said decision and engages in acts to obstruct the relations of the other parent with the minor, the court may alter the decree and award custody to the other parent.
History —Nov. 21, 2011, No. 223, § 9.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 258 - Act to Protect the Rights of Minors in Custody Proceedings (§§ 3181 — 3188) › § 3188 - The determination of the court on the custody of minors does not constitute matter judged (res judicata)

The determination of a court on the custody of minors does not constitute a matter judged. When one of the parents of a minor deems that there should be changes in the existing custody agreement regarding the relation of the other parent with their children to guarantee the best interest of the latter, such parent may resort to the court and file a motion to such effects. In said motion, the parent shall state the grounds therefor. The procedure to review a previous determination before the court shall be similar to the one established in §§ 3182, 3184, 3185 and 3186 of this title.
History —Nov. 21, 2011, No. 223, § 10.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3201 - Agreements

Two (2) or more parties may agree in writing to submit to arbitration, in conformity with the provisions of this chapter, any dispute which may be the object of an existing action between them at the time they agree to the arbitration; or they may include in a written agreement a provision for the settlement by arbitration of any dispute which may in future arise between them from such settlement or in connection therewith. Such an agreement shall be valid, requirable and irrevocable except for the grounds prescribed by law for the reversal of an agreement.
—May 8, 1951, No. 376, p. 896, § 1, eff. 90 days after May 8, 1951.
History
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3202 - Filings; summary procedure

All applications made under the provisions of this chapter shall be filed in the part of the of First Instance Court of Puerto Rico in whose territorial jurisdiction the parties or any of them reside, and shall be held summarily, upon the summons provided by law.
History —May 8, 1951, No. 376, p. 896, § 2, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3203 - Stay of legal action

If any of the parties to a written arbitration agreement institutes action or other legal remedy, the court before which said action or remedy is pending shall, after being satisfied that any dispute involved in said action or remedy may be submitted to arbitration under said agreement, and on motion of any of the parties to the arbitration agreement, order said action or remedy stayed, until such time as the arbitration has been proceeded with, according to the agreement.
History —May 8, 1951, No. 376, p. 896, § 3, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3204 - Motion to compel

(1) Any of the parties to a written arbitration agreement who claims negligence or refusal on the part of another party to resort to arbitration according to the agreement, may move the court for an order compelling the parties to resort to arbitration in conformity with the agreement between them. An eight (8) days’ written notice of said petition shall be given to the party who it is alleged is not complying with the agreement. The return of said notice shall be made in the manner prescribed by law or by the Rules of Civil Procedure for the return of summonses in civil actions before the court, as specified in § 3202 of this title. If, after hearing both parties, the court finds that no substantial dispute exists as regards the existence or validity of the arbitration agreement, or the nonperformance thereof, said court shall issue an order commanding the parties to resort to arbitration in conformity with the terms of the agreement.
(2) If the court finds that a substantial dispute has arisen as regards the validity or existence of the arbitration agreement, or as to nonperformance thereof, the court shall proceed immediately to hear such dispute. If from the hearing it is found that there is no written agreement providing for arbitration, or that there is no nonperformance, the court shall deny the motion to compel arbitration.
(3) Either party shall have the right to demand an immediate hearing of any dispute of this nature concerning the validity or existence of an arbitration agreement or the nonperformance thereof. Such a petition shall be made prior to the day set for the hearing of the motion to compel arbitration in conformity with this section; and if such motion is not filed, the request shall be made in the petition for staying the arbitration, as provided in subsection (4)(a) of this section.
(4) In order to give rise to a dispute concerning the existence or validity of an arbitration agreement or the nonperformance thereof, the party concerned shall state the proved facts on which said dispute is founded, and shall:
(a) File a motion to stay the arbitration. If notice has been served of the intent to arbitrate, as provided in § 3211 of this title, notice of the motion to stay shall be served within the twenty (20) days following the return of such notice of intent to arbitrate.
Any dispute concerning the validity or existence of the agreement or the nonperformance thereof, shall be tried in the same manner prescribed in subsections (2) and (3) of this section, or
(b) oppose any motion to compel arbitration, as provided in subsection 1 of this section.
History —May 8, 1951, No. 376, p. 896, § 4, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3205 - Referees—Appointment; powers

On petition of any of the parties to the arbitration agreement and upon notice thereof to the other parties, the court shall appoint one or more referees in any of the following cases:
(a) When the arbitration agreement does not stipulate the manner of appointing same.
(b) When the arbitration agreement stipulates the manner of appointing referees, but none of them has been appointed and the term within which they should have been appointed has expired.
(c) When a referee fails to act or is unable to act, and his successor has not been duly appointed.
(d) The court shall, in its discretion, appoint one (1) or three (3) referees, according to the importance of the dispute involved in any of the preceding cases in which the agreement is silent as to the number of referees.
The referees appointed by the court shall have the same powers as if appointed in conformity with the arbitration agreement.
History —May 8, 1951, No. 376, p. 896, § 5, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3206 - Referees—Qualifications

The appointment of referees may be made by the parties to an arbitration agreement, or by the court, as determined by § 3205 of this title; and said appointment shall fall precisely on persons of legal age, in full enjoyment of their civil rights and who know how to read and write.
History —May 8, 1951, No. 376, p. 896, § 6, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3207 - Referees—Oath of office; waiver

Before entering in the discharge of their offices, the referees chosen by the parties to an arbitration agreement or appointed under § 3205 of this title, shall take an oath before an official authorized to administer oaths, binding themselves properly and faithfully to perform the duties of their offices, to hear without prejudice the allegations and impartially examine the points in dispute and make a fair award to the best of their knowledge and belief.
The parties to an arbitration agreement, or their counsel, may waive in writing the referees’ taking of oath, and, if the parties to an arbitration agreement begin to hold hearings without objecting to the lack of the oath, the obligation of the referees to take such oath shall then be considered waived.
History —May 8, 1951, No. 376, p. 896, § 7, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3208 - Referees—Acceptance of office; compensation

The acceptance of the office by the referees shall entitle each of the parties to compel said referees to fulfil their duties, and said referees shall receive such compensation as may have been agreed upon by the parties, or in lieu thereof, the compensation fixed for them by the court.
History —May 8, 1951, No. 376, p. 896, § 8, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3209 - Referees—Challenge limited

The referees may be challenged only for reasons arising after the arbitration compromise or unknown at the time of the arbitration.
History —May 8, 1951, No. 376, p. 896, § 9, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3210 - Referees—Causes for challenge; procedure

The referees may be challenged for the causes specified in subdivisions (2), (3), (5), (6) and (7) of § 207 of the Code of Civil Procedure.
The challenge shall be made before them.
If they do not yield to the challenge, the challenging party may renew the challenge before the judge of the part of the court in which the challenged referee, or any of them, if there be more than one, resides.
While the challenging incident is discussed before the judge of the court, the hearing on arbitration shall be suspended, and it shall be continued immediately after the court has delivered an executory pronouncement on the said challenge incident.
History —May 8, 1951, No. 376, p. 896, § 10, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3211 - Notice of intent

When the written agreement includes a provision to settle through arbitration a dispute which may arise between the parties subsequent to said agreement or in relation thereto, the party seeking arbitration shall serve on the other party, whether personally or by registered mail, a written notice of his intent to arbitrate. Said notice shall in substance state that, unless within twenty (20) days after notice has been served, the party on whom said notice was served, in turn serves a motion to stay the arbitration, said party shall thereafter be barred from promoting a dispute concerning the existence or validity of the agreement, or the nonperformance thereof.
History —May 8, 1951, No. 376, p. 896, § 11, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3212 - Hearing

The referees shall fix a date and place for the hearing and shall give notice thereof to the parties with reasonable time in advance, may suspend the same from time to time as it may be necessary, and may, on petition of any of the parties and for just cause, postpone the hearing until a later date not beyond that fixed for making the award.
All the referees shall meet and work together during the hearing, but a majority may determine any question and make final award. The court shall be empowered to direct the referees to proceed swiftly to the settlement of the dispute.
History —May 8, 1951, No. 376, p. 896, § 12, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3213 - Failure to appear

If any of the parties fails to appear before the referees after reasonable notice of the date and place of the hearing, the referees may proceed anyway with the hearing and determination of the dispute in the absence of said party on the basis of the evidence submitted to them.
History —May 8, 1951, No. 376, p. 896, § 13, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3214 - Time for award

If the term within which the award shall be made is not fixed in the arbitration agreement, the award shall be made within thirty (30) days following the termination of the hearing, and any award made after the expiration of said thirty (30) days shall have no legal effect, unless the parties, by mutual consent, agree to postpone the term within which said award may be made, or ratify any award when same is made after the expiration of the term of thirty (30) days. Any extension of the term or ratification of the award shall be made in writing and shall be signed by all the parties to the arbitration.
History —May 8, 1951, No. 376, p. 896, § 14, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3215 - Right to counsel

Any of the parties shall have the right to be assisted by counsel in any arbitration proceedings or hearing before the referees.
History —May 8, 1951, No. 376, p. 896, § 15, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3216 - Subpoenas to witnesses; production of evidence

The referees, or a majority of them, may demand the appearance of any person as witness and that he bring with him any books, records, documents, or other evidence. The fees for said appearance shall be the same as those of the witnesses in the Court of First Instance of Puerto Rico, and shall be paid by the parties requesting such appearances.
The referees, or any of them, may issue and sign subpoenas to witnesses, which shall be addressed to the person and served in the same manner as the summonses to testify before any court of record in Puerto Rico. If any person so summoned to give testimony, refuses or fails to obey said summons, the court may, on petition of the referees or a majority of them, compel said person to appear or punish said person for contempt, in the manner provided for the appearance of witnesses in the courts of Puerto Rico.
History —May 8, 1951, No. 376, p. 896, § 16, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3217 - Admissibility; sufficiency of evidence

The parties may offer the evidence they may desire and shall submit such additional evidence as the referee may deem necessary to understand and determine the questions object of the dispute.
The referees shall decide upon the relevance of the evidence submitted by the parties and the acceptance thereof, without having to conform with the rules of evidence.
All the evidence shall be submitted in the presence of all the referees and of all the parties concerned, except when any of the parties is in default or has forfeited his right to be present.
History —May 8, 1951, No. 376, p. 896, § 17, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3218 - Testimony

Sworn testimony may be taken in the same manner and on the same grounds as are provided by law and by the Rules of Civil Procedure.
History —May 8, 1951, No. 376, p. 896, § 18, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3219 - Award—Orders for property maintenance or to insure fulfillment

At any time before the final determination of the arbitration the court may, on request of any of the parties, issue such orders as it may deem necessary for the maintenance of the property or to insure the fulfillment of the award to be made.
History —May 8, 1951, No. 376, p. 896, § 19, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3220 - Award—Form

The award shall be made in writing and shall be signed by the referees or a majority of them. The referees shall deliver a copy thereof to each of the parties or their counsel.
History —May 8, 1951, No. 376, p. 896, § 20, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3221 - Award—Confirmation

At any time within the year following the award, unless the parties by mutual consent postpone the term in writing, any of the parties may request from the court an order confirming the award, and the court shall issue same unless the award is reversed, modified, or corrected, as provided in §§ 3223 and 3224 of this title. Written notice of the request shall be served on the opposing party or his counsel five (5) days in advance of the hearing thereof. The validity of an award which is otherwise valid shall not be affected by the fact that no motion has been filed for its confirmation.
History —May 8, 1951, No. 376, p. 896, § 21, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3222 - Award—Reversal

In any of the following cases the court may, on petition of any of the parties and upon notice and hearing, issue an order reversing the award:
(a) When it was obtained through corruption, fraud or other improper means.
(b) When there was evident bias or corruption on the part of the referees or any of them.
(c) When the referees are in error in refusing to postpone the hearing after just cause therefor was shown, or in refusing to hear relevant and material evidence on the dispute, or when they commit any other error impairing the rights of any of the parties.
(d) When the referees go beyond their function or when the award made does not finally and definitively decide the dispute submitted.
(e) If there was no submission or valid arbitration agreement and the proceedings were initiated without having served the notice of the intent to arbitrate, as provided in § 3211 of this title, or the motion to compel arbitration, as provided in subsection (1) of § 3204 of this title.
In case an award is reversed, the court may, in its discretion, order a new hearing, before the same referees or before new referees to be selected in the manner provided for in the agreement for the selection of original referees, and any provision limiting the term within which the referees may arrive at a decision, shall be considered applicable to the new arbitration and to begin from the date of the court order.
—May 8, 1951, No. 376, p. 896, § 22, eff. 90 days after May 8, 1951.
History
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3223 - Award—Modification; correction

In any of the following cases the court shall, upon notice and hearing, and on petition of any of the parties, issue an order modifying or correcting the award:
(a) When there was evident error of calculation as to the number, or evident error in the description of any person, thing, or property.
(b) When the referees have made a determination on a matter not submitted to them.
(c) When the award is imperfect as to form, without affecting the merits of the dispute.
The order shall modify and correct the award so as to give effect to the intent thereof.
History —May 8, 1951, No. 376, p. 896, § 23, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3224 - Award—Motion to reverse, modify, or correct; stay of proceedings

Notice of the motion to reverse, modify or correct an award shall be served on the opposing party or his counsel within the three (3) months following the delivery of a copy of the award to the party or his counsel. Said serving of notice shall be made in the manner prescribed by law for the serving of notice of motions in a lawsuit. For the purposes of the motion, any judge empowered to issue an order to stay the proceedings in an action instituted before the same court, may issue an order to be served jointly with the notice of the motion, staying the proceedings initiated by the opposing party to enforce the award.
History —May 8, 1951, No. 376, p. 896, § 24, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3225 - Judgment—Costs

When an order is issued confirming, modifying, correcting, or reversing an award, the proper judgment shall be passed accordingly. The costs of the petition and of the subsequent proceedings, which shall not exceed twenty-five (25) dollars, may be fixed by the court, in its discretion.
History —May 8, 1951, No. 376, p. 896, § 25, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3226 - Judgment—Record; entry

Immediately after judgment is passed, the secretary of the court shall file the following documents, which shall constitute the judgment record:
(1) The agreement; the selection or the appointment of the referee or referees; and the extension or extensions granted to make the award.
(2) The award.
(3) Each notice, affidavit, or other document in which is based a petition for confirming, modifying or correcting the award, and a copy of each order of the court in connection with such petition.
(4) Copy of the judgment.
The judgment may be entered in the judgment register as if it has been rendered in a judicial action.
History —May 8, 1951, No. 376, p. 896, § 26, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3227 - Judgment—Effect

The judgment thus rendered shall have the same force and effect in all respects and shall be subject to the same provisions of law referring to judgments in a civil action.
History —May 8, 1951, No. 376, p. 896, § 27, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3228 - Review

The orders and judgments of the Court of First Instance may be appealed from to the Supreme Court of Puerto Rico through certiorari proceedings, which shall be limited to questions of law.
History —May 8, 1951, No. 376, p. 896, § 28, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 259 - Arbitration (§§ 3201 — 3229) › § 3229 - Repeals; exceptions

Title V, §§ 790 to 839, inclusive, and § 487 of the Revised Law of Civil Procedure for Spain and Overseas (Novísima Ley de Enjuiciamiento Civil para España y Ultramar), promulgated by Royal Decree of February 3, 1881, are hereby expressly repealed. The provisions of this chapter shall not apply to arbitration agreements between employers and employees, which shall continue to be governed by §§ 61-76 of Title 29 and by any other act that may be approved to regulate the arbitration of the problems between employers and employees, nor to the arbitration and decision of referees established by the Code of Civil Procedure.
History —May 8, 1951, No. 376, p. 896, § 29, eff. 90 days after May 8, 1951.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241 - Scope of application

(1) This chapter shall apply to international commercial arbitration without prejudice to any multilateral or bilateral agreement in effect between the United States and any other country or countries.
(2) The provisions of this chapter, except §§ 3242, 3242a, 3245h-3245j, 3249 and 3249a of this title, shall apply only if the place of arbitration is in the territory of Puerto Rico.
(3) An arbitration is international if:
(a) The parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different countries, or
(b) one of the following places is located outside of the country in which the parties have their place of business:
(i) The place of arbitration if determined in or pursuant to the arbitration agreement.
(ii) Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected, or
(c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.
(4) For purposes of subsection (3) of this section:
(a) If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement.
(b) If a party does not have a place of business, reference is to be made to his habitual residence.
(5) This chapter shall not affect any other law applicable to Puerto Rico by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration.
History —Jan. 5, 2012, No. 10, § 1.02.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241a - Definitions and rules of interpretation

(1) The following terms shall have the meaning stated below, except where the context clearly indicates otherwise:
(a) Arbitration.— Means any arbitration whether or not administered by a permanent arbitral institution.
(b) Arbitration agreement.— Means an agreement by the parties to submit to arbitration all or certain disputes which may arise between them in respect to a defined legal relationship, whether contractual or not.
(c) Arbitral tribunal.— Means a sole arbitrator or a panel of arbitrators.
(d) Court.— Means the Court of First Instance of Puerto Rico.
(2) Where a provision of this chapter, except § 3247 of this title, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination.
(3) Where a provision of this chapter refers to the fact that the parties have agreed or that they may agree, or in any other way refers to an agreement of the parties, such agreement shall include any arbitration rules referred to in that agreement.
(4) Where a provision of this chapter, other than subsection (a) of § 3246g of this title and subsection (a)(2) of § 3247d of this title, refers to a claim, it also applies to a counterclaim, and where it refers to a defense, it also applies to a defense to that counterclaim.
History —Jan. 5, 2012, No. 10, § 1.03.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241b - International origin and general principles

(1) In the interpretation of this chapter, regard is to be had to its international origin and to the need to promote uniformity in its application and the observance of good faith.
(2) Questions concerning matters governed by this chapter which are not expressly settled in conformity with the general principles on which this chapter is based.
History —Jan. 5, 2012, No. 10, § 1.04.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241c - Receipt of written communications

(1) Unless otherwise agreed by the parties:
(a) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence, or mailing address. If none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee's last known place of business, habitual residence, or mailing address by registered letter or by any other means which provides a record of the attempt to deliver it.
(b) The communication is deemed to have been received on the day it is so delivered.
(2) The provisions of this section shall not apply to communications in court proceedings.
History —Jan. 5, 2012, No. 10, § 1.05.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241d - Waiver of right to object

Any party who knows that any provision of this chapter from which the parties may derogate or any requirement under the arbitration agreement that has not been complied with and yet proceeds with the arbitration without stating an objection to such noncompliance without undue delay or, if a time limit is provided therefor, within such period of time, shall be deemed to have waived the right to object.
History —Jan. 5, 2012, No. 10, § 1.06.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241e - Extent of court intervention

In matters governed by this chapter, no court shall intervene, except where so provided in this chapter.
History —Jan. 5, 2012, No. 10, § 1.07.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter I - General Provisions (§§ 3241 — 3241f) › § 3241f - Court or other authority for certain functions of arbitration assistance or supervision

The functions referred to in §§ 3243a, 3243c, 3243d, 3244, and 3248 of this title shall be performed by the Court of First Instance, Superior Part, in the municipality of Puerto Rico where the place of arbitration is located, in the courtroom of a superior judge.
History —Jan. 5, 2012, No. 10, § 1.08.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter II - Arbitration and Agreement (§§ 3242 — 3242a) › § 3242 - Arbitration agreement and substantive claim before court

(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his/her first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative, or incapable of being performed.
(2) When an action referred to in this section has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.
History —Jan. 5, 2012, No. 10, § 2.01.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter II - Arbitration and Agreement (§§ 3242 — 3242a) › § 3242a - Arbitration agreement and interim measures by court

It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.
History —Jan. 5, 2012, No. 10, § 2.02.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243 - Number of arbitrators

The parties are free to determine the number of arbitrators. Failing such determination, the number of arbitrators shall be three.
History —Jan. 5, 2012, No. 10, § 3.01.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243a - Appointment of arbitrators

(1) No person shall be precluded by reason of his/her nationality from acting as an arbitrator, unless otherwise agreed by the parties.
(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators, subject to the provisions of subsections (4) and (5) of this section.
(3) Failing such agreement:
(a) In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator. If a party fails to appoint the arbitrator within thirty (30) days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty (30) days of their appointment, the appointment shall be made, upon request of a party, by the court specified in § 3241 of this title.
(b) In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in § 3241 of this title.
(4) Where, under an appointment procedure agreed upon by the parties:
(a) A party fails to act as required under such procedure; or
(b) the parties, or two arbitrators, are unable to reach an agreement under such procedure, or
(c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in of § 3241f of this title to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
(5) A decision on a matter entrusted by subsection (3) or (4) of this section to the court specified in subsection (3) or (4) of this section is not appealable. The court or other authority in appointing an arbitrator shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations that are likely to secure the appointment of an independent and impartial arbitrator. In the case of a sole or third arbitrator, the court shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.
History —Jan. 5, 2012, No. 10, § 3.02.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243b - Grounds for challenge

(1) When a person is approached in connection with a possible appointment as an arbitrator, said person must disclose any circumstance likely to give rise to justifiable doubts as to his/her impartiality or independence. An arbitrator, from the time of appointment and throughout the arbitral proceedings, shall disclose any such circumstances to the parties without delay, unless they have already been informed of them by him or her.
(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality or independence, or if the arbitrator does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by it, or in whose appointment the party participated, only for reasons of which the party becomes aware after the appointment has been made.
History —Jan. 5, 2012, No. 10, § 3.03.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243c - Challenge procedure

(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to subsection (3) of this section.
(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen (15) days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstance referred to in § 3243b of this title, send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his/her office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
(3) If a challenge under any procedure agreed upon by the parties or under the procedures of this section is not successful, the challenging party may request, within thirty (30) days after having received notice of the decision rejecting the challenge, the court specified in § 3241f of this title, to decide on the challenge. The decision of the court is not appealable. While such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
History —Jan. 5, 2012, No. 10, § 3.04.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243d - Failure or impossibility to act

(1) If an arbitrator becomes de jure or de facto unable to perform his/her functions or for other reasons fails to act without undue delay, his/her mandate terminates if he/she withdraws from office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court specified in § 3241f of this title to decide on the termination of the mandate. The decision of the court is not appealable.
(2) If, under this section or in subsection (2) of § 3243c of this title, an arbitrator withdraws from his/her office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this section or in subsection (2) of § 3243b of this title.
History —Jan. 5, 2012, No. 10, § 3.05.
2023 Laws of Puerto Rico › TITLE THIRTY-TWO - Code of Civil Procedure (§§ 1 — 3576) › Subtitle 4 - Special Legal Proceedings Law (§§ 2241 — 3355a) › PART V - Other Actions (§§ 2951 — 3355a) › Chapter 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter III - Composition of Arbitral Tribunal (§§ 3243 — 3243e) › § 3243e - Appointment of substitute arbitrator

When the mandate of an arbitrator terminates under § 3243c or 3243d of this title or because of his/her withdrawal from office for any other reason or because of the revocation of the mandate by agreement of the parties or in any other case of termination of the mandate, a substitute arbitrator shall be appointed pursuant to the rules that were applicable to the appointment of the arbitrator being replaced.
History —Jan. 5, 2012, No. 10, § 3.06.