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 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter IV - Competence of Arbitral Tribunal (§ 3244) › § 3244 - Competence of arbitral tribunal to rule on its jurisdiction

(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause that forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction must be raised not later than the submission of the statement of defense. A party is not precluded from raising such a plea by the fact that said party appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in this section as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty (30) days after receiving notice of that ruling, that the court specified in § 3241f of this title to decide the matter. The decision of the court is not appealable. While such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
History —Jan. 5, 2012, No. 10, § 4.01.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245 - Power of arbitral tribunal to order interim measures

(1) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, grant interim measures.
(2) An interim measure is any temporary measure, whether in the form of an award or in another form, by which, at any time before the issuance of the award by which the dispute is finally decided, the arbitral tribunal orders a party to:
(a) Maintain or restore the status quo pending determination of the dispute;
(b) take action to prevent, or refrain from taking action that is likely to cause, current or imminent harm or prejudice to the arbitral process itself;
(c) provide a means of preserving assets out of which a subsequent award may be satisfied, or
(d) preserve evidence that may be relevant and material to the resolution of the dispute.
History —Jan. 5, 2012, No. 10, § 5.01.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245a - Conditions for granting interim measures

(1) The party requesting an interim measure under clauses (a), (b), or (c) of subsection (2) of § 3245 of this title shall satisfy the arbitral tribunal that:
(a) Harm not adequately reparable by an award of damages is likely to result if the measure is not ordered, and such harm substantially outweighs the harm that is likely to result to the party against whom the measure is directed if the measure is granted, and
(b) there is a reasonable possibility that the requesting party will succeed on the merits of the claim. The determination on this possibility does not affect the discretion of the arbitral tribunal in making any subsequent determination.
(2) With regard to a request for an interim measure under subsection (2)(d) of § 3245 of this title, the requirements in subsection (1) of this section shall apply only to the extent the arbitral tribunal considers appropriate.
History —Jan. 5, 2012, No. 10, § 5.02.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245b - Applications for preliminary orders and conditions for granting preliminary orders

(1) Unless otherwise agreed by the parties, a party may, without notice to any other party, make a request for an interim measure together with an application for a preliminary order directing a party not to frustrate the purpose of the interim measure requested.
(2) The arbitral tribunal may grant a preliminary order if it considers that prior disclosure of the request for the interim measure to the party against whom it is directed risks frustrating the purpose of the measure.
(3) The conditions defined in § 3245a of this title shall apply to any preliminary order if the harm to be assessed under subsection (1)(a) of § 3245a of this title is the harm likely to result from the order being granted or not.
History —Jan. 5, 2012, No. 10, § 5.03.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245c - Specific regime for preliminary orders

(1) Immediately after the arbitral tribunal makes a determination in respect of an application for a preliminary order, the arbitral tribunal shall give notice to all parties of the request for the interim measure, the application for the preliminary order, the preliminary order, if any, and all other communications. The notice shall include a description of the content of any oral communication between any party and the arbitral tribunal in relation to any such request or application.
(2) At the same time, the arbitral tribunal shall give an opportunity to any party against whom a preliminary order is directed to present its case at the earliest practicable time.
(3) The arbitral tribunal must decide promptly on any objection to the preliminary order.
(4) A preliminary order shall expire after twenty (20) days from the date on which it was issued by the arbitral tribunal. However, the arbitral tribunal may issue an interim measure adopting or modifying the preliminary order after the party against whom the preliminary order is directed has been given notice and an opportunity to present its case.
(5) A preliminary order shall be binding on the parties but shall not be subject to enforcement by a court. Such preliminary order does not constitute an award.
History —Jan. 5, 2012, No. 10, § 5.04.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245d - Modification, suspension, termination

The arbitral tribunal may modify, suspend, or terminate an interim measure or a preliminary order it has granted, upon application of any party or, in exceptional circumstances and upon prior notice to the parties, on the arbitral tribunal's own initiative.
History —Jan. 5, 2012, No. 10, § 5.05.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245e - Provision of security

(1) The arbitral tribunal may require the party requesting an interim measure to provide appropriate security in connection with the measure.
(2) The arbitral tribunal shall require the party applying for a preliminary order to provide security in connection with the order unless the arbitral tribunal considers it inappropriate or unnecessary to do so.
History Jan. 5, 2012, No. 10, —Jan. 5, 2012, No. 10, § 5.06.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245f - Disclosure

(1) The arbitral tribunal may require any party to promptly disclose any material change in the circumstances on the basis of which the interim measure was requested or granted.
(2) The party applying for a preliminary order shall disclose to the arbitral tribunal all circumstances that are likely to be relevant to the arbitral tribunal's determination whether to grant or maintain the order, and such obligation shall continue until the party against whom the order has been requested has had an opportunity to present its case. Thereafter, subsection (1) of this section shall apply.
History —Jan. 5, 2012, No. 10, § 5.07.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245g - Costs and damages

The party requesting an interim measure or applying for a preliminary order shall be liable for any costs and damages caused by the measure or the order to any party if the arbitral tribunal later determines that, in the circumstances, the measure or the order should not have been granted. The arbitral tribunal may award such costs and damages at any point during the proceedings.
History —Jan. 5, 2012, No. 10, § 5.08.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245h - Recognition and enforcement

(1) An interim measure issued by an arbitral tribunal must be recognized as binding and, unless otherwise provided by the arbitral tribunal, enforced upon application to the competent court, irrespective of the country in which it was issued, subject to § 3245i of this title.
(2) The party who is seeking or has obtained recognition or enforcement of an interim measure shall promptly inform the court of the termination, suspension, or modification of the interim measure.
(3) The court where recognition or enforcement is sought may, if it considers it proper, order the requesting party to provide appropriate security if the arbitral tribunal has not already made a determination with respect to security or where such a decision is necessary to protect the rights of third parties.
History —Jan. 5, 2012, No. 10, § 5.09.
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 V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245i - Grounds for refusing recognition or enforcement

(1) Recognition or enforcement of an interim measure may be refused only:
(a) At the request of the party against whom it is invoked if the court is satisfied that:
(i) Such refusal is warranted on the grounds set forth in paragraph (i), (ii), (iii), or (iv) of subsection (a)(1) of § 3249a of this title;
(ii) the arbitral tribunal's decision with respect to the provision of security in connection with the interim measure issued by the arbitral tribunal has not been complied with, or
(iii) the interim measure has been terminated or suspended by the arbitral tribunal or, if so empowered, by a court of the country in which the arbitration takes place or under the law of which that interim measure was granted; or
(b) If the court finds that:
(i) The interim measure is incompatible with the powers conferred upon the court, unless the court decides to reformulate the interim measure to the extent necessary to adapt it to its own powers and procedures for the purpose of enforcing that interim measure and without modifying its substance, or
(ii) any of the grounds set forth in paragraphs (i) and (ii) of subsection (b)(1) of § 3249a of this title apply to the recognition and enforcement of the interim measure.
(2) A determination made by the court on any ground in subsection (1) of this section shall be effective only for purposes of the application to recognize and enforce the interim measure. The court where recognition or enforcement is sought shall not, in making that determination, undertake a review of the substance of the interim measure.
History —Jan. 5, 2012, No. 10, § 5.10.
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 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter V - Interim Measures and Preliminary Orders (§§ 3245 — 3245j) › § 3245j - Court-ordered interim measures

A court shall have the same power of issuing an interim measure in relation to arbitration proceedings, irrespective of whether the arbitration proceedings are held in this state, as it has in relation to the proceedings in courts. The court shall exercise such power in accordance with its own procedures and in consideration of the specific features of international arbitration.
History —Jan. 5, 2012, No. 10, § 5.11.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246 - Equal treatment of parties

The parties shall be treated with equality and each party shall be given a full opportunity of presenting its case.
History —Jan. 5, 2012, No. 10, § 6.01.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246a - Determination of rules of procedure

(1) Subject to the provisions of this chapter, the parties may agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this chapter, conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality, and weight of evidence.
History —Jan. 5, 2012, No. 10, § 6.02.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246b - Place of arbitration

(1) The parties may agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard for the circumstances of the case, including the convenience of the parties.
(2) Notwithstanding subsection (1) of this section, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts, or the parties, or for inspection of goods, other property, or documents.
History —Jan. 5, 2012, No. 10, § 6.03.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246c - Commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
History —Jan. 5, 2012, No. 10, § 6.04.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246d - Language

(1) The parties may agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, applies to any written statement by a party, any hearing, and any award, decision, or other communication by the arbitral tribunal.
(2) The arbitral tribunal may order that any documentary evidence be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
History —Jan. 5, 2012, No. 10, § 6.05.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246e - Statements of claim and defense

(1) Within the period of time agreed by the parties or specified by the arbitral tribunal, the claimant shall state the facts supporting its claim, the points at issue, and the relief or remedy sought, and the respondent shall state its defense to the claim, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they shall submit.
(2) Unless otherwise agreed by the parties, either party may amend or supplement its claim or defense during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.
History —Jan. 5, 2012, No. 10, § 6.06.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246f - Hearings and written proceedings

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings will be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.
(2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspection of goods, other property, or documents.
(3) All statements, documents, or other information supplied to the arbitral tribunal by one party shall be provided to the other party. Also, any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be provided to the parties
History —Jan. 5, 2012, No. 10, § 6.07.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246g - Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause:
(a) The claimant fails to provide its statement of claim pursuant to subsection (1) of § 3246e of this title, the arbitral tribunal shall terminate the proceedings.
(b) The respondent fails to provide its statement of defense pursuant to subsection (1) of § 3246e of this title, the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations.
(c) A party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
History —Jan. 5, 2012, No. 10, § 6.08.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246h - Expert appointed by arbitral tribunal

(1) Unless otherwise agreed by the parties, the arbitral tribunal may:
(a) Appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal.
(b) Require a party to give the expert any relevant information or produce or provide access to any relevant documents, goods, or other property for inspection.
(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of a written or oral report, participate in a hearing in which the parties have the opportunity to question the expert and to present expert witnesses in order to testify on the points at issue.
History —Jan. 5, 2012, No. 10, § 6.09.
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 VI - Conduct of Arbitral Proceedings (§§ 3246 — 3246i) › § 3246i - Court assistance in taking evidence

The arbitral tribunal, or a party upon the approval of the arbitral tribunal, may request assistance in taking evidence from a competent court of Puerto Rico. The court may execute the request within its competence and according to its rules on taking evidence.
History —Jan. 5, 2012, No. 10, § 6.10.
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 260 - Puerto Rico International Commercial Arbitration Act (§§ 3241 — 3249a) › Subchapter VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247 - Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute pursuant to the rules of law chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given state or country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that state or country and not to its conflict-of-laws rule.
(2) Failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflict-of-laws rules that it considers applicable.
(3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur, only if the parties have expressly authorized it to do so.
(4) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usages of the trade which apply to the transaction.
History —Jan. 5, 2012, No. 10, § 7.01.
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 VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247a - Decision-making by panel of arbitrators

In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if so authorized by the parties or all members of the arbitral tribunal.
History —Jan. 5, 2012, No. 10, § 7.02.
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 VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247b - Settlement

(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.
(2) An award on agreed terms shall be made pursuant to § 3247c of this title and shall state that it is an award. Such an award has the same status and effect as any other award on the merits of the case.
History —Jan. 5, 2012, No. 10, § 7.03.
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 VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247c - Form and contents of award

(1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings having more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, provided that the reason for any omitted signature is stated.
(2) The award shall state the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under § 3247b of this title.
(3) The award shall state its date and the place of arbitration as determined pursuant to subsection (1) of § 3246b of this title. The award shall be deemed to have been made at that place.
(4) After the award is made, a copy signed by the arbitrators pursuant to subsection (1) of this section shall be delivered to each party.
History —Jan. 5, 2012, No. 10, § 7.04.
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 VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247d - Termination of proceedings

(1) Arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal pursuant to subsection (2) of this section.
(2) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when:
(a) The claimant withdraws its claim unless the respondent objects to the withdrawal of the claim and the arbitral tribunal recognizes that the respondent has a legitimate interest in obtaining a final settlement of the dispute; or
(b) the parties agree on the termination of the proceedings, or
(c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
(3) The mandate of the arbitral tribunal terminates with the termination of the arbitral proceedings, subject to § 3247e of this title and paragraph 4 of Article 7.07 [sic].
History —Jan. 5, 2012, No. 10, § 7.05.
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 VII - Making of Award and Termination of Proceedings (§§ 3247 — 3247e) › § 3247e - Correction and interpretation of award; additional award

(1) Within thirty (30) days after receipt of the award, unless another period of time has been agreed upon by the parties:
(a) A party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature.
(b) If so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award.
If the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within thirty (30) days after the request. The interpretation becomes part of the award.
(2) The arbitral tribunal may correct any error described in subsection (1)(a) of this section, on its own initiative within thirty (30) days after the date of the award.
(3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty (30) days after the receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty (60) days after the request.
(4) The arbitral tribunal may extend, if necessary, the period of time within which it shall make a correction, interpretation, or additional award pursuant to subsection (1) or (3) of this section.
(5) The provisions of § 3247c of this title shall apply to a correction or interpretation of the award or to an additional award.
History —Jan. 5, 2012, No. 10, § 7.06.
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 VIII - Recourse Against Award (§ 3248) › § 3248 - Application to set aside as exclusive recourse against arbitral award

(1) Recourse to a court against an arbitral award may be made only by an application to set aside an arbitral award pursuant to subsections (2) and (3) of this section.
(2) An arbitral award may be set aside by the court specified in § 3241f of this title only if:
(a) The party making the application furnishes proof that:
(i) A party to the arbitration agreement was under some incapacity or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of Puerto Rico; or
(ii) the party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present its case; or
(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submissions to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. However, if the decisions on matters submitted to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside, or
(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this chapter from which the parties may not derogate, or, failing such agreement, was not in accordance with this chapter; or
(b) The court finds that:
(i) The subject matter of the dispute is not capable of settlement by arbitration under the law of Puerto Rico; or
(ii) the award is in conflict with the public policy of Puerto Rico.
(3) An application to set aside an arbitral award may not be made after three (3) months have elapsed after the date on which the party making that application receives the award or, if a request had been made under § 3247e of this title after the date on which that request had been disposed of by the arbitral tribunal.
(4) The court, when asked to set aside an award may, if appropriate and so requested by a party, suspend the proceedings to set aside the award for a period of time determined by it in order to give the arbitral tribunal an opportunity to resume the arbitral proceedings or to take such other action as in the arbitral tribunal’s opinion shall eliminate the grounds to set aside the award.
History —Jan. 5, 2012, No. 10, § 8.01.
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 IX - Recognition and Enforcement of Awards (§§ 3249 — 3249a) › § 3249 - Recognition and enforcement

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to this section and § 3249a of this title.
(2) The party relying on an award or applying for its enforcement shall supply the original or copy thereof. If the award is not made in the official languages of Puerto Rico, the court may request the party to supply a translation of the award.
History —Jan. 5, 2012, No. 10, § 9.01.
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 IX - Recognition and Enforcement of Awards (§§ 3249 — 3249a) › § 3249a - Grounds for refusing recognition or enforcement

(1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:
(a) At the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:
(i) A party to the arbitration agreement was under some incapacity or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made;
(ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present its case; or
(iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration. However, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place, or
(v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or
(b) If the court finds that:
(i) The subject matter of the dispute is not capable of settlement by arbitration under the laws of Puerto Rico, or
(ii) the recognition or enforcement of the award would be contrary to the public policy of Puerto Rico.
(2) If an application for setting aside or suspension of an award has been made to a court referenced in subsection (1)(a)(v) of this section, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.
History —Jan. 5, 2012, No. 10, § 9.02.
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 265 - Class Suit for Consumers of Goods and Services (§§ 3341 — 3344) › § 3341 - Suit for damages

There is recognized the right to consumers of goods and services and/or to the Commonwealth of Puerto Rico, through their agencies, dependencies and instrumentalities in their capacity of “parens patriae” to file a class suit on behalf of said consumers by reason of damages as well as injunction suits under Rule 57 of the Rules of Civil Procedure of 1958, for the General Court of Justice, as amended.
History —June 25, 1971, No. 118, p. 362, § 1.
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 265 - Class Suit for Consumers of Goods and Services (§§ 3341 — 3344) › § 3342 - Suit against monopolies

There is recognized the right to merchants, to consumers of goods and services and to the Commonwealth of Puerto Rico to file a class suit on behalf of said merchants or consumers based on the Antitrust Act of the Commonwealth, §§ 257-274 of Title 10.
History —June 25, 1971, No. 118, p. 362, § 2.
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 265 - Class Suit for Consumers of Goods and Services (§§ 3341 — 3344) › § 3343 - Jurisdiction of Court of First Instance

The Court of First Instance shall have exclusive primary jurisdiction on class suits filed pursuant to this chapter. Therefore, the court is hereby vested with authority to prevent, avoid, deter and punish any action to the prejudice of the consumers and/or independent merchants [irrespective] of the amount involved, and during the proceeding before final judgment is rendered, the court may enter such restrictive and prohibitive orders as it may deem fair and equitable pursuant to the act giving rise to the action.
In its order or judgment, the Court of First Instance shall impose an amount equal to the damages determined as compensation for damages, plus a reasonable amount not less than twenty-five percent (25%) for attorney’s fees, plus legal interest from the moment the damage is caused and costs of the proceedings. Any judicial action or suit filed individually may be settled through the intervention of the Consumers Service Administration, which shall have thirty (30) days after receiving notice of the settlement by the court to state its position on the matter.
History —June 25, 1971, No. 118, p. 362, § 3; Nov. 16, 2002, No. 269, § 1.
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 265 - Class Suit for Consumers of Goods and Services (§§ 3341 — 3344) › § 3344 - Prior determination; notice

When a class suit is commenced pursuant to the provisions of this section, the court shall determine, as soon as possible, whether there exists a common question of fact or of law and that the class suit is superior to other means available for the fair and efficient adjudication of the controversy.
The court shall notify the members of the class in the most practical way possible under the circumstances. Those members of the class who may be identified upon a reasonable effort shall be personally notified.
The notice shall indicate that:
(1) The court shall exclude any member of the class if he so requests it specifically.
(2) The judgment shall include all the members who do not request to be excluded.
(3) Any class member who does not request to be excluded shall, if he so wishes, appear through his attorney.
A class suit commenced under this section shall not be withdrawn or settled without the approval of the court. Petition for dismissal or compromise shall be notified to all class members in the manner provided by the court.
History —June 25, 1971, No. 118, p. 362, § 4.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351 - Definition

A trust is an autonomous estate resulting from the act whereby a trustor transfers property or rights, to be administered by a trustee in favor of a beneficiary or for a specific purpose, according to the provisions of the trust instrument and, in the absence thereof, to the provisions herein set forth.
History —Aug. 31, 2012, No. 219, § 1.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351a - Autonomous estate

Trust property or rights constitute a fully autonomous estate separate from the personal estate of the trustor, trustee, or beneficiary that is limited to a specific purpose as determined at the time of the constitution thereof.
These assets shall be exempt from any individual or joint action taken by the trustor, trustee, or the beneficiary’s creditors during the existence of the trust, except as provided in §§ 3353i et seq. of this title.
History —Aug. 31, 2012, No. 219, § 2.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351b - Ownership

During the effectiveness of the trust, all trust assets shall constitute the autonomous estate of the Trustee, and the beneficiary shall hold a beneficial interest that is fulfilled upon termination of the trust unless it includes income or assets that may be received periodically before that.
History —Aug. 31, 2012, No. 219, § 3.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351c - Duties and powers of the parties

The nature and extent of the duties and powers of the parties shall be determined by the trust instrument. If such instrument does not provide therefor, such duties and powers shall be determined by this chapter.
History —Aug. 31, 2012, No. 219, § 4.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351d - Special Trust Registry

The Special Trust Registry is hereby created, attached to the Notarial Inspection Office of the Judicial Branch, which shall issue regulations with regards to requirements and the manner in which the Registry shall be established.
Every trust constituted in Puerto Rico shall be recorded in the Special Trust Registry under penalty of nullity.
Recordation shall include the following:
(a) Name of the trust being constituted;
(b) date and place of constitution;
(c) deed number and name of the notary before whom it was executed, if applicable;
(d) name and address of the trustor;
(e) name and address of the trustee(s) and the substitute(s) thereof, if any;
(f) name and address of the beneficiary or beneficiaries and the substitutes thereof, if any.
The notary before whom the trust instrument was executed shall be required to notify the same to the Notarial Inspection Office not later than the first ten days of the month following the execution thereof.
History —Aug. 31, 2012, No. 219, § 5.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter I - General Provisions (§§ 3351 — 3351e) › § 3351e - Effective term of a trust

The effective term of a trust shall not exceed seventy-five (75) years after the constitution thereof, except in the case of persons with disabilities, which trusts shall last ninety (90) years or the length of the life of the beneficiary with disabilities, whichever is greater.
If the trust is constituted for an indefinite or longer term, said trust shall be valid for a term of ninety (90) years. However, if the trustor had expressed an intention for the trust not to be valid for the shorter term, the trust shall be null.
This provision shall not affect charitable trusts, which may be indefinite.
History —Aug. 31, 2012, No. 219, § 6.
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 266 - Trust Act (§§ 3351 — 3355a) › Subchapter II - Private Trusts (§§ 3352 — 3353aa) › § 3352 - Form

Inter Vivos trust shall expressly state the intention to create a trust through a deed.
Testamentary trusts may also be created in accordance with the requirements set forth by law.
Trusts in Puerto Rico shall be irrevocable.
History —Aug. 31, 2012, No. 219, § 7.