Title 7, Judiciary and Civil Procedure

(a) This Chapter 42A shall be known as and may be cited as the Guam International Arbitration Chapter. (b) This Chapter 42A is intended to govern all international commercial arbitrations. It is based on the UNCITRAL Model Law and should be interpreted having regard to internatio…

For the purposes of this Chapter 42A: (a) Arbitration means any arbitration whether or not administered by a permanent arbitral institution. (b) Arbitral tribunal means a sole arbitrator or a panel of arbitrators. (c) Court means a body or organ of the judicial system of a State.…

(a) Unless otherwise agreed by the parties: (1) Any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his or her place of business, habitual residence or mailing address; if none of these can be found aft…

A party who knows that any provision of this Chapter 42A from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his or her objection to such non-compliance without und…

In matters governed by this Chapter 42A, no court shall intervene except where so provided in this Chapter 42A or federal law.

Arbitration Assistance and Supervision. The functions referred to in Sections 42A203, 42A302, 42A304, 42A305, 42A401 and 42A402 shall be performed by the Superior Court of Guam.

The Supreme Court of Guam is authorized to enact rules and procedures implementing the provisions of this Chapter 42A. ---------- ARTICLE 2 ARBITRATION AGREEMENT

(a) ‘Arbitration agreement’ is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an …

(a) 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 or her first statement on the substance of the dispute, refer the parties to arbitration unless it finds tha…

(a) A party to an arbitration agreement may petition the court or other authority specified in Section 42A106 to consolidate separate arbitration proceedings, and the court or other authority specified in Section 42A106 may order consolidation of separate arbitration proceedings …

(a) The parties are free to determine the number of arbitrators. (b) Failing such determination, the number of arbitrators shall be one.

(a) No person shall be precluded by reason of his or her nationality from acting as an arbitrator, unless otherwise agreed by the parties in the interest of neutrality. (b) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the pr…

COL412014 (a) When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances reasonably likely to give rise to material justifiable doubts as to his or her impartiality or independence. An arbitrator, fr…

(a) The parties are free to agree on a procedure for challenging an arbitrator, and the decision reached pursuant to that procedure shall be final. (b) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of his or…

(a) If an arbitrator becomes de jure or de facto unable to perform his or her functions or for other reasons fails to act without undue delay, his or her mandate terminates if he or she withdraws from his or her office or if the parties agree on the termination. (b) If a controve…

Where the mandate of an arbitrator terminates under Sections 42A304 or 42A305 or because of his or her withdrawal from office for any other reason or because of the revocation of his or her mandate by agreement of the parties or in any other case of termination of his or her mand…

(a) An arbitrator, and those acting pursuant to the order or rules of the arbitrator as his or her employees or agents, shall not be held liable for any action performed or omission made in the course of their official duties undertaken pursuant to this Chapter 42A. (b) The insti…

An arbitrator is not required to disclose to the parties, the public, or anyone other than the arbitrator, any writing produced by the arbitrator that has not been deliberately communicated by the arbitrator to one or more of the parties, unless all parties to the arbitration exp…

(a) Where the place of the arbitration is in Guam, a person serving as an arbitrator shall comply with the ethics and training standards for neutrals adopted by the Supreme Court of Guam pursuant to this Section. The Supreme Court of Guam shall adopt ethical and training standard…

(a) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence, scope or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent …

(a) Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute. The arbitral tribunal may …

COL412014 It is not incompatible with an arbitration agreement for a party to request, before the constitution of an arbitral tribunal, from a court an interim measure of protection and for a court to grant such measure.

The arbitral tribunal may, at any time during the arbitral proceedings, make an interim, interlocutory or partial arbitral award on any matter with respect to which it may make a final arbitral award. The interim award may be enforced in the same manner as a final arbitral award.…

Unless otherwise agreed to by the parties; every person who is entitled to recover damages certain, or capable of being made certain by calculation, under an arbitration award, and the right to recover which is vested in him, upon a particular day, is entitled also to recover int…

(a) Unless otherwise agreed by the parties, the costs of an arbitration shall be at the discretion of the arbitral tribunal. (b) In making an order for costs, the arbitral tribunal may include as costs any of the following: (1) The fees and expenses of the arbitrators and expert …

The parties shall be treated with equality and each party shall be given a full opportunity of presenting his or her case.

(a) Subject to the provisions of this Chapter 42A, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (b) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Chapter 42A, conduct t…

COL412014 (a) The parties are free to agree on the location of arbitration within Guam. (b) Notwithstanding the provisions of paragraph (a) of this Section, the arbitral tribunal may, unless otherwise objected to by the parties, meet at any place it considers appropriate for cons…

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: (a) the institution nominated by the parties. Such a request must include a d…

(a) The parties are free to 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 specifie…

(a) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his or her claim, the points at issue and the relief or remedy sought, and the respondent shall state his or her defense in respect of these p…

(a) 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, unle…

Unless otherwise agreed by the parties, if, without showing sufficient cause, (a) the claimant fails to communicate his or her statement of claim in accordance with Section 42A506(a) , the arbitral tribunal shall terminate the proceedings; (b) the respondent fails to communicate …

(a) Unless otherwise agreed by the parties, the arbitral tribunal: (1) may appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; or (2) may require a party to give the expert any relevant information or to produce, or to provide…

The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of Guam assistance in taking evidence. The court may execute the request within its competence and according to its rules on taking evidence.

The arbitrators selected, either as prescribed in this Chapter 42A or otherwise, or a majority of them, may summon, in writing, any person to attend before them or any of them as a witness at a time and place therein specified. The fees for such attendance shall be the same as th…

The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party is required to be licensed to practice law in at least one State. ---------- ARTICLE 6 MAKING OF AWARD AND TERMINATION OF PROCEEDINGS

(a) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given State shall be construed, unless otherwise expressed, as direc…

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 …

(a) 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. (b) An…

(a) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with 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 signa…

(a) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with Paragraph (b) of this Section. (b) The arbitral tribunal shall issue an order for the termination of the arbitral proceedings when: COL412014 (1) the claimant…

(a) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (1) 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 error…

Arbitral Award. (a) This Section only applies where the place of the arbitration is Guam and neither the Federal Arbitration Act nor the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards apply. (b) In any of the following cases the court may make a…

Motions; Judgment; Docketing; Force and Effect; Enforcement. (a) This Section only applies where the place of the arbitration is Guam and neither the Federal Arbitration Act nor the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards apply. (b) If th…

Vessel or Property. § 42A801.Proceedings Begun by Libel in Admiralty and Seizure of Vessel or Property. If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, notwithstanding anything herein to the contrary, the party claiming to be aggrieved …