Benito Zelaya

Managing Partner
Residencial La Cumbre, Alta Vista Building, grey, 3 houses after Yolandas beauty salon
+504 89909331
Practice areas:

His main areas of practice are Corporate Law, Regulatory Law, Dispute Resolution;

Industries: Infrastructure, Commercial, Banking, Energy, Telecommunications, Concessions and Public-Private Partnerships;

Experience:  

Benito is mainly dedicated to corporate legal advice, in the structuring and start-up of businesses, as well as in the infrastructure and energy projects, among others, acquisition of Companies, structuring of Financing, Structuring of Trusts, structuring of vehicles with specific purpose, structuring of Corporate Governance, Compliance and Competition Plans,  as well as providing comprehensive legal advice on the operation of companies in different industries.

Benito has a extensive of experience in dispute resolution. He has participated in several complex high-value disputes related to infrastructure projects, energy, real estate development, highways, public-private partnership, concessions, condominium regimes, distribution contracts, insurance contracts, shareholder conflicts, among others. As a legal advisor to companies, as a party lawyer, in arbitral and juridiscretionary tribunals, as well as as an arbitrator, conciliator and secretary.

Benito is Professor of the Master in Commercial Law at the Universidad Autonoma de Honduras since 2019, teaching the class, History, sources, subjects, acts and things of commercial law, (Due Diligence, Corporate Governance, International Standard Contracts and Alternative Dispute Resolution Methods).

Academic Background:

Benito is a lawyer, holds a master’s degree in law, LLM, from the Universidad Católica de Chile, a master’s degree in Business Management from the Universidad Tecnológica Centro Americana (Unitec), a postgraduate degree in International Business from Georgetown University, a postgraduate degree in Civil Procedural Law, Mediation and Arbitration from the University of Salamanca, and a PhD candidate in Law from the Universidad de San Carlos de Guatemala.  He has been trained in Commercial Arbitration, Investment Arbitration, Corporate Arbitration, Construction Arbitration; He has taken the Advanced Request for Litigants  “Complex Case Study Study” – Under the Rules of the International Chamber of Commerce; He attended the “International Internship in Investment Arbitration” given by the Arbitration and Conciliation Center of the Chamber of Commerce of Bogota. Colombia. He has also been trained in Fidic Contracts by the International Federation of Consulting Engineers; In the USA; Colombia; Peru, Panama, Costa Rica.

Some specific experiences:

  • He has participated in more than 30 international and national arbitrations, as Sole Arbitrator, Presiding Arbitrator and Co-Arbitrator, in different matters, Infrastructure, Corporate, Disputes in distribution contracts, Disputes in Civil and Commercial matters, Energy, Concession Contracts, Public-Private Partnership, among others.
  • He has participated as an expert witness in Honduran legislation in international arbitration proceedings under the rules of the Court of Arbitration of the Chamber of Commerce and Industry of Madrid (Construction and Energy Disputes).
  • Has participated as an expert witness on Honduran law in international arbitration proceedings under the rules of the ICC (construction industry dispute).
  • Advice in the preliminary stage before International Arbitration, UNCITRAL Rules, UNIDROIT Principles as applicable law; (Dispute in infrastructure).
  • Representation in International Arbitration, UNCITRAL Rules, Honduran law, in connection with construction contracts;
  • Legal advice in International Arbitration, under LCIA Rules, Honduran law, in connection with airport concession contract;
  • Legal advice in the preliminary stage before Domestic Arbitration, CCA-CCIT Rules, Honduran law, based on the Law for the Promotion and Protection of Investments, controversy between investors;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law, in relation to Subcontract derived from Public-Private Partnership Agreement
  • Representation in Domestic Arbitration, CCA-CCIC Rules, Honduran law, in relation to Construction Contract;
  • Representation in International Arbitration, CCA-CCIT Rules, German law, in relation to Representation and Distribution Agreement;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law; in relation with a contract for the purchase of goods;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law; in connection with a joint venture agreement;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law, in relation to the banking and finance sector;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law, in relation to the airport sector;
  • Representation in Domestic Arbitration, CCA-CCIT Rules, Honduran law, in relation to insurance contracts.

Dispute Boards

  •  Sole member as Dispute Resolution Commission (DAB) in the construction project of Highway and Bypass with Jica Financing, Fidic Contract, CRC, regulated by regulation of Dispute Boards, ICC.
  • Sole member as Dispute Resolution Commission (DAB) in the construction project of Carretera con Financiamiento Jica, Fidic Contract, CRC, regulated by regulations of Dispute Boards, ICC.
  • Representation of the Honduran State Agency in four Dispute Boards, ICC rules, FIDIC Contracts, favorable decisions to the client.

Contract Management

  •  Advice on the Contractual Management of a Collaborative Contract for the Administration, Operation and Maintenance of 3 Airports in the Airport industry;
  • Advice on the Contractual Management of a Public-Private Partnership Contract in the energy industry;
  • Advice on the contractual management of a Concession Contract for the construction, operation and maintenance of an airport;
  • Advising on the contractual management of more than a dozen Fidic contracts for a Public Institution in Honduras

CHARGES

  •  Representative for Honduras of the Dispute Board Foundation 1/2022 to present.
  • Delegate to the International Court of Arbitration of the International Chamber of Commerce 2022 – 2024
  • Representative before  the International Court of Arbitration of the International Chamber of Commerce (ICC) for Honduras from 2017 – 2021
  • Founder and President of the Honduran Chapter of the Spanish Arbitration Club from 2015 to present;
  • Member of the Board of the Latin American International Arbitration – LIA
  • Member and Reporter Next Generation Latin American Arbitration Association – Alarb.
  • Trainer of the Honduran Bar Association;
  • Trainer of the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa;
  • Trainer of the Honduran Chamber of Construction;
  • Trainer of the College of Civil Engineers;
  • Trainer of the Honduras Young Arbitrators;

MEMBERSHIPS

  •  Member of the Latin American and Iberian Chapter of the ICC Institute of World Business Law, ICC.
  • Member of the Latin American Group of Arbitrators of the International Chamber of Commerce; (CCI)
  • Member of the group of Arbitrators of Central America and the Caribbean;
  • Member of the Latin American Association of Arbitrators;
  • Founder, member and reporter for Honduras of the Latin American International Arbitration;
  • Next Generation member and reporter for Honduras of the Latin American Association of Arbitration (Alarb);
  • Founder and member of the Honduran Chapter of the Spanish Arbitration Club;
  • Member of the Latin American Association of Construction Law (ALDEC)
  • Member of the Ibero-American Federation of Lawyers (FIA)
  • Member of the International Bar Association (IBA)
  • Member and country representative of the Dispute Board Foundation.

COMMISSIONS

  •  He has participated in the commission for the reform of the arbitration rules of the Honduran Bar Association;
  • He has participated in the commission for the revision of the reform of the arbitration rules of the Chamber of Commerce and Industry of Cortes, Honduras.
  • He has contributed to the study for the report of the Doing Business indicators 2018, 2019, 2020, 2021, 2022 “Training to Reform” that objectively measures the regulation of the business environment, carried out by the World Bank.

TRAINING, CONFERENCES AND PANELS IN WHICH HE HAS PARTICIPATED

  •  Speaker at the 1st International Arbitration Congress “Challenges and Trends and Trends in International Arbitration”, organized by the Spanish Ibero-American Arbitration Club El Salvador Chapter. San Salvador, November 2023.
  • Lecturer at the II International Congress on Procedural Law “Challenges of Arbitration in Honduras”, San Pedro Sula, November 2023.
  • Speaker at the National Construction Congress of Costa Rica “The Importance of Expert Committees in the New General Law of Public Administration”, San José, November 2023.
  • Speaker at the VI International Arbitration Conference, Buenos Aires, Argentina “Alternative Dispute Resolution Methods in the Construction Industry in Ibero-America”, Buenos Aires, November 2023.
  • Speaker at the Congress on Arbitration and Dispute Resolution, within the framework of sustainability and efficiency, Lima, Peru, October 2023, organized by the CIAC.
  • Speaker ” Dispute Boards Conference 2023. DRBF, Rio de Janeiro, Brazil, June, 2023.
  • Speaker ” Dispute Boards Conference 2023. DRBF, San Jose, Costa Rica
  • Speaker ” Dispute Boards Conference 2022. DRBF, Lima, Peru
  • Training “Dispute Boards Conference” 2021. ICC Conference, Miami, U.S.A.
  • Speaker on Contracts in the Construction Industry and Alternative Dispute Resolution Methods. June 2022, Tegucigalpa, Honduras, Tegucigalpa Chamber of Commerce and Industry. Honduras
  • Conference on Construction Law and Alternative Dispute Resolution Methods. July 2021, Tegucigalpa Chamber of Commerce and Industry.
  • Speaker at the webinar “Arbitration and the New Normal“, organized by the Spanish Arbitration Club Chapter, July 2, 2020.
  • Speaker “Construction Law and Alternative Methods of Conflict Resolution”, CCA, CCIT, 2019, 2020, 2021, 2022.
  • Speaker at the webinar “Effects of Covid 19 on construction contracts”, Conciliation and Arbitration Center of the Chamber of Commerce and Industries of Tegucigalpa, June 30, 2020.
  • Facilitator of session I “Alternative Dispute Resolution Methods and their National Legal Framework” of the Course on Alternative Dispute Resolution Methods: A Domestic and International Perspective“, June 12, 2020, Organized by the Honduran Young Arbitrator.
  • Speaker at the webinar “Legal effects on the construction sector in the construction sector post covid-19”, June 1, 2020, organized by the Honduran Chamber of the Construction Industry”
  • Speaker at the webinar “Force Majeure and Arbitration as a Method of Conflict Resolution”, Conciliation and Arbitration Center of the Chamber of Commerce and Industries of Tegucigalpa, April 2020.
  • Speaker at the webinar “Legal aspects of COVID-19 in the Construction Industry”, College of Civil Engineers of Honduras, April 2020.
  • “Legal Aspects of COVID-19 in the Energy Industry”. Honduran Renewable Energy Association, April 2020.
  • ICC YAF International Workshop: The Evidence in Construction Arbitrations, Chamber of Commerce and Industries of Tegucigalpa, 1 November 2019.
  • Panelist at the Conference “Ethics and Arbitration from the perspective of the parties in response to the Code of Good Practices” of the CEA, Panama, October 28, 2019.
  • IX CENTRAL AMERICAN AND CARIBBEAN CONVENTION OF ARBITRATION CENTERS, as moderator, “The Arbitration by Legal Provision” Tegucigalpa, Honduras September 26, 2019
  • Panelist at II CONFERENCE: ARBITRATION IN LATIN AMERICA Monterrey, Nuevo León, August 14 and 15, 2019. Organized by the ICC. “Alternative Methods of Dispute Resolution in Construction”
  • Course and Workshop for new arbitrators and secretaries of arbitral tribunals, under the Regulations of the Center for Conflict Resolution (CESCON), administrative center of arbitration processes, sponsored by the Panamanian Chamber of Construction (CAPAC). Participation as a speaker with the theme “Ex officio Evidence (time and who is responsible for its management) and The ethics and role of the lawyer during the practice of evidence” Held in Panama City, July 11, 2019
  • XIII IPA International Arbitration Congress, participation as a panelist on the topic Jurisprudence as a weapon. Is it urgent and necessary for national courts to establish predictable jurisprudential criteria on challenges to arbitral awards? Organized by the Peruvian Institute of Arbitration, held in Lima, Peru, from April 24 to 26, 2019.
  • I International Congress of Commercial Law, participation as a lecturer with the theme “Due Diligence, Corporate Governance and Compliance”, Organized by the Master’s Degree in Commercial Law of the Autonomous University of Honduras, held on March 20 and 21, 2019, at the Central American Bank for Economic Integration.
  • Conference “The Obligation to Arbitrate by Legal Provision”, participation as Speaker, event organized by the International Chamber of Commerce through the Young Arbitrators forum in conjunction with the Chamber of Commerce Industry of Courts, November 3, 2018.
  • Conference “Evidence in Construction Arbitration” participation as Speaker, event organized by the International Chamber of Commerce through the Young Arbitrators forum in conjunction with the Chamber of Commerce and Industry of Tegucigalpa, November 1, 2018.
  • Seminar “International Workshop, Construction Contracts and Alternative Dispute Resolution”, participation as a speaker, event organized by the Chamber of Commerce and Industry of Tegucigalpa, Honduras. November 2018.
  • Arbitration Day 2018, participation as a speaker, with the theme “The Second Instance in Arbitration”, San José Costa Rica, October, 2018.
  • VIII Convention of Arbitration Centers of Central America and the Caribbean; participation as Presiding Arbitrator in an Arbitral Tribunal in a mock case of witness examination under ICC rules, an event organized by the ICC YAF, within the framework of said convention. San Jose, Costa Rica, October 2018.
  • National Congress of Civil Engineers, participation as a speaker with the theme “Alternative Methods of Conflict Resolution in Infrastructure Projects”, organized by the College of Civil Engineers, Tegucigalpa, Honduras, July 2018.
  • XIII International Arbitration Congress of the Spanish Arbitration Club held from June 10 to 12, 2018, Madrid, Spain. Participation on behalf of the Honduran Chapter as President and founder of the Chapter.
  • XII INTERNATIONAL CONGRESS OF ARBITRATION, as Speaker; “The Role of the Arbitrator in the Practice of Evidence in International Commercial Arbitration” Lima, Peru 12 September 2018
  • Conference “Arbitration in Latin America“, participation as a speaker with the theme “Judicial Assistance to the Arbitration Process”, event organized by the International Chamber of Commerce, Monterrey, Mexico, March 15, 2018.
  • Conference on “Fidic Contracts”, Lima, Peru, September 2017, Organized by the Federation of Consulting Engineers.
  • “Congress of International Arbitration, Investment and Infrastructure Projects, August, 2017”, Tegucigalpa, Honduras, participation as organizer, and speaker with the theme “The management of claims in infrastructure projects” event organized by the Center for Conciliation and Arbitration of the Chamber of Commerce and Industry of Tegucigalpa.
  • Commercial Arbitration and Investment Congress, San Salvador, El Salvador, January 2017; event organized by the Chamber of Commerce of El Salvador.
  • International Commercial Arbitration Congress “Arbitration in Ibero-America. Have we innovated? Event organized by the Chamber of Commerce

International. San Jose, Costa Rica, February 2017.

  • International Congress of Arbitration in Construction Matters, Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Cortes, San Pedro Sula, January 2016, as Organizer, panelist at the YAF and Lecturer at the Congress.
  • 1st Congress of Arbitration for the Construction Sector, Mediation and Arbitration Center of the Chamber of Commerce and Industry of El Salvador, San Salvador, 2015, as Panelist.
  • Congress of Construction Arbitration, Mediation and Arbitration Center of the Chamber of Commerce and Industry of Guatemala, Guatemala, August, 2015, as Speaker.
  • Congress of the Conciliation, Mediation and Arbitration Centers of Central America, San José, Costa Rica, October 2015, as a Panelist at the YAF and at the Congress.
  • International Conference on Construction Law and Dispute Resolution, ICC, FIDIC, Bogota, 2015, 2017
  • International Arbitration Congress, of the Latin American Arbitration Association ICC, Panama, 2014, 2016.
  • Discussion “The Effects of the Nullity Appeal in Arbitration”, CCIT, Tegucigalpa, 2015
  • International Congress on Commercial Arbitration, Construction and Investment. ICC, San Jose, 2015.
  • 12th and 13th, 14th, 15th Annual Conference of the International Chamber of Commerce, by the Institute of World Business Law. Miami, 2014, 2015, 2016, 2017, 2018, 2019, 2022.
  • Congress of the Conciliation, Mediation and Arbitration Centers of Central America, Managua, Nicaragua, October 2014, as a Panelist at the YAF.
  • Training on International Arbitration, under ICC, CCA, ICIT rules, Tegucigalpa 2014.
  • International Arbitration Congress, Disclosure of ICC Rules, Panama, 2014.
  • Oratory and Performing Skills Workshop, CCA, CCIT, Tegucigalpa, 2013.
  • Congress on Arbitration and Conflict Resolution in Large Infrastructure Projects by the ICC based in Panama City; 2012.
  • Workshop for Arbitral Tribunal Secretaries, CCA, CCIT, Tegucigalpa 2012.
  • International Internship in Investment Arbitration by the International Centre for Settlement of Investment Disputes (ICSID) based in Bogota, Colombia, 2012Training in Commercial Arbitration, by the Conciliation and Arbitration Center of the Chamber of Commerce and Industry of Tegucigalpa;
  • Course in Contract Administration by the Judicial School of the C.S.J., y, ONCAE, Tegucigalpa, Honduras, 2010.
  • Legal Argumentation Course, CCA, CCIT, 2010
  • IV Congress       International       of       Right           Administrative, (IFAD)Mendoza, Argentina, 2010.
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