“Arbitration is no longer reactive; it has become a strategic risk management tool”

Leaders League: In your role as executive director of CICA, what are the main priorities when it comes to strengthening arbitration and conciliation in Costa Rica? 

María José Yglesia: We could group the Center’s priorities around three strategic pillars. The first is the effective consolidation of the new arbitral regulatory framework, ensuring that the transition to a monistic system, aligned with the new Arbitration Law (based on the UNCITRAL Model Law), is not merely formal, but translates into consistent, predictable and technically sound arbitral practices.

The second pillar is the continuous professionalization of the system’s operators. At CICA, we have made a strong commitment to the intensive training and updating of our arbitrators and conciliators, fully aware that the quality of arbitration largely depends on the human capital that administers it.

Finally, a key priority is institutional innovation, understood as the responsible incorporation of new tools ‒ such as artificial intelligence applied to arbitration ‒ and the ongoing modernization of our rules, processes and services. In conciliation and mediation, this is reflected in the comprehensive reform we are currently developing, aligned with the Singapore Convention and with international standards for collaborative dispute resolution.

How has the use of arbitration evolved in Costa Rica in recent years, and what factors have been decisive in its consolidation? 

Arbitration in Costa Rica has undergone significant evolution in both volume and sophistication. It has moved from a predominantly domestic and reactive mechanism to an increasingly strategic tool, used by companies, public entities, and international stakeholders as a natural means of managing contractual risk.

Among the key driving factors is, first, the country’s institutional and judicial maturity, which has fostered confidence in the enforceability of arbitral awards and in the respect for the principle of minimal judicial intervention. Secondly, the recent reform of the arbitration law has been a fundamental catalyst, fully aligning Costa Rica with widely recognized international standards.

In addition, the active role of institutions such as CICA has been instrumental. Beyond administering cases, these centers lead regulatory updates, technical training initiatives and the adoption of best practices, contributing to a more robust and reliable arbitration ecosystem. 

The quality of arbitration largely depends on the human capital that administers it

What advantages does Costa Rica offer as an arbitration venue in the region, and what challenges must be addressed to attract more international disputes? 

Costa Rica offers a highly competitive combination of structural advantages. First and foremost, I would highlight the country’s democratic, legal and economic stability, a factor that is highly valued by foreign parties when selecting an arbitral seat. This is complemented by a modern and clear legal framework aligned with the UNCITRAL Model Law, as well as a judiciary with experience and a generally arbitration-friendly approach.

From an operational perspective, Costa Rica benefits from solid infrastructure, strong connectivity, bilingual legal talent and arbitral institutions with international standards, such as CICA, capable of administering complex, high-value disputes.

Looking ahead, the main challenge is to increase the country’s international visibility as an arbitral seat, particularly in extra-regional markets, while continuing to strengthen technical specialization in international arbitration and in strategic sectors. Achieving this requires coordinated efforts among arbitral centers, the legal community and the State, a role in which CICA has taken an active lead. 

What role does CICA play in training arbitrators and promoting quality standards and good arbitration practices? 

CICA views its role as going beyond the mere administration of cases. We see ourselves as an institutional actor committed to the quality of the Costa Rican and regional arbitration system. In this regard, the training and continuous development of arbitrators is a permanent priority. This year, we carried out an intensive training process for our arbitrators, focused on the new arbitration law, CICA’s revised rules and the practical implications of the new monist model.

Likewise, we have been pioneers in the region in adopting an institutional policy on the use of artificial intelligence in arbitration, establishing clear criteria for transparency, ethics and human oversight.

All of this reflects a clear vision: to promote arbitration that is technically rigorous, efficient, ethical and aligned with international best practices, which directly translates into trust for the parties. 

What trends do you think will shape the development of arbitration and conciliation in Costa Rica and Central America? 

Looking ahead, we observe several clear trends. In arbitration, we will see greater internationalization of cases, an increase in complex disputes, and growing demand for efficiency, specialization and the technological management of proceedings.

In conciliation and mediation, the adoption of the Singapore Convention opens up an extraordinary opportunity to position the region as an ideal forum for the early and effective resolution of international commercial disputes. At CICA, we are anticipating this trend by carrying out comprehensive reform of our rules and strengthening of our mediation practices.

Finally, a cross-cutting trend will be responsible for innovation, both regulatory and operational. Centers that succeed in combining legal rigor, openness to technology and high ethical standards will lead the development of arbitration and conciliation in Costa Rica and Central America. CICA aims to be at the forefront of this process.