Countries › Paraguay › Guide › 14. Disputes › Courts, arbitration and enforcement in Paraguay: the 2025 arbitration law, foreign awards and judgments, the New York Convention and ICSID
Courts, arbitration and enforcement in Paraguay: the 2025 arbitration law, foreign awards and judgments, the New York Convention and ICSID
Last verified: 2026-10-28 · Status: Changing
Paraguay replaced its 2002 arbitration law with Ley 7561/2025, a statute published on 23 December 2025 that bars courts from suspending arbitrations, sends annulment and foreign award recognition straight to the Asunción civil and commercial Court of Appeal, and lets foreign parties waive annulment altogether. Foreign awards are enforced under the New York Convention (in force for Paraguay since 6 January 1998, no reservations), the Mercosur and Inter American instruments or, failing a treaty, the same law; Paraguay has been an ICSID Contracting State since 6 February 1983. Foreign court judgments need exequatur under the Código Procesal Civil, Paraguayan courts cannot accept a contractual choice of foreign courts outside special laws, and the loser pays costs, with lawyer fees set by statute at 5 to 20 percent of the amount at stake in first instance.
USD figures use PYG 5,847.90 per US dollar, the Banco Central del Paraguay reference quotation for 27 October 2026 (latest published planilla on the verification date). Conversions are for orientation only.
Key facts
| Arbitration statute | Ley 7561/2025 (promulgated and published 23 December 2025; repealed Ley 1879/2002 except mediation) Ley 7561/2025 art. 71, as of 2026-10-28 · in force |
|---|---|
| Default number of arbitrators | 3 arbitratorsLey 7561/2025 art. 15, as of 2026-10-28 · in force |
| Deadline to seek annulment of an international award (domestic: 15) | 25 business daysLey 7561/2025 art. 54, as of 2026-10-28 · in force |
| Court hearing annulment actions | Tribunal de Apelación en lo Civil y Comercial de la Capital (single instance, no appeal) Ley 7561/2025 art. 10, 52, 55, as of 2026-10-28 · in force |
| Parties may waive annulment | Yes, if no party is Paraguayan or domiciled, resident or principally active in Paraguay Ley 7561/2025 art. 53, as of 2026-10-28 · in force |
| Arbitral tribunal may order interim measures | Yes; courts may also grant measures before the arbitration starts Ley 7561/2025 art. 14, 25, 26, as of 2026-10-28 · in force |
| State entities may arbitrate contract disputes | Yes, unless exclusively public law; arbitration at law and public Ley 7561/2025 art. 2, as of 2026-10-28 · in force |
| Court recognizing foreign arbitral awards | Tribunal de Apelación en lo Civil y Comercial de la Capital (decision not appealable) Ley 7561/2025 art. 10, 63, as of 2026-10-28 · in force |
| Party to the New York Convention | Yes Ley 948/1996, as of 2026-10-28 · in force |
| New York Convention in force for Paraguay | 1998-01-06 dateLey 948/1996; accession 8 October 1997, as of 2026-10-28 · in force |
| New York Convention entry into force | 1998-01-06 dateLey 948/1996, as of 2026-10-28 · in force |
| New York Convention reservations | None Ley 948/1996, as of 2026-10-28 · in force |
| ICSID Contracting State | Yes, in force since 6 February 1983 ICSID/3 (17 July 2026), as of 2026-10-28 · in force |
| ICSID Convention in force for Paraguay | 1983-02-06 dateICSID/3 (17 July 2026), as of 2026-10-28 · in force |
| Court granting exequatur of foreign judgments | Juez de Primera Instancia en lo Civil y Comercial (on duty) Código Procesal Civil art. 533, as of 2026-10-28 · in force |
| Reciprocity required for foreign judgments | Not listed: treaty first, otherwise the seven conditions of art. 532 Código Procesal Civil art. 532, as of 2026-10-28 · in force |
| Choice of foreign courts enforceable against Paraguayan courts | No, except under special laws Código Procesal Civil art. 3, as of 2026-10-28 · in force |
| Time to raise defences after attachment in execution of a judgment | 3 daysCódigo Procesal Civil art. 525, as of 2026-10-28 · in force |
| Loser pays the winner's costs | Yes, unless the judge exempts with reasons Código Procesal Civil art. 192, 193, as of 2026-10-28 · in force |
| Case lapses for inactivity (caducidad de instancia) | 6 monthsCódigo Procesal Civil art. 172, as of 2026-10-28 · in force |
| Statutory first instance lawyer fee range | 5 to 20 %Ley 1376/1988 art. 32, as of 2026-10-28 · in force |
| Original credit instrument must be deposited in executive suits | Yes, once the Supreme Court Acordada is issued Ley 7663/2026 art. 1, 7, as of 2026-10-28 · pending |
| BCP reference rate used for conversions | 5847.90 PYG per USDBCP planilla 27 October 2026, as of 2026-10-27 · in force |
The rule
Cost to do it: No state filing fee is set by the law. Arbitrators' fees must be reasonable in light of the amount, complexity and time spent and are fixed by the tribunal itself, each arbitrator separately (art. 65); each side deposits an equal advance on costs, and if deposits are not paid within 30 days of the request the tribunal may suspend or end the case (art. 67). Institutional fees apply where an institution administers the case.
Example: A Paraguayan distributor and a foreign supplier with a clause providing for two arbitrators get a tribunal of one; with no clause on number, three. If the respondent ignores a request to appoint for 30 days, the claimant asks the civil and commercial judge, who must appoint within 7 days. / For a US$1,000,000 (PYG 5,847,900,000) supply dispute, the arbitration may run while the respondent's court action is pending; the court must refer the case to arbitration unless the clause is manifestly void.Ley Nº 7561/2025, De Arbitraje, Art. 1, 2, 5, 9, 11, 14, 15, 16 and 69, 2025-12-23 official text · verified 2026-10-28 · changed: Ley 7561/2025, promulgated and published on 23 December 2025, repealed Ley 1879/2002 on arbitration and mediation except its mediation articles 53 to 67; Ley 1879 is now called simply the mediation law. Arbitrations in which the respondent had received the request before the new law took effect stay under Ley 1879, but awards rendered after it follow the new annulment and enforcement regime, and recognition proceedings for foreign awards filed earlier continue under Ley 1879 (art. 70 and 71).
Cost to do it: Annulment is decided on documents in a single instance, which keeps counsel time short; a party seeking a stay must post a bank guarantee sized by the Court of Appeal in relation to the amount of the award.
Example: An international award ordering payment of PYG 5,847,900,000 is notified on a Monday: the losing party has 25 business days to file for annulment. To stop enforcement meanwhile it must ask for a stay and post a joint and several bank guarantee related to the PYG 5,847,900,000 award. / On a US$1,000,000 award, the stay requires bank security in relation to US$1,000,000; a personal undertaking (caución juratoria) is never accepted.Ley Nº 7561/2025, De Arbitraje, Art. 8, 10, 48, 52, 53, 54 and 55, 2025-12-23 official text · verified 2026-10-28
Cost to do it: Translation of the award by a registered public translator (matriculado) and apostille or legalization of documents issued abroad; under the New York Convention art. III, fees for foreign awards may not be appreciably higher than for domestic ones.
Example: A New York seated award against an Asunción company: the creditor files the award and a Spanish translation with the Court of Appeal; the debtor answers within 15 business days; the court rules within 10 business days, without appeal; execution then proceeds against the company's assets in Paraguay. / On paper, recognition of a US$1,000,000 (PYG 5,847,900,000) award takes about 25 business days after the debtor is served, plus execution; real timings depend on court workload.Ley Nº 7561/2025, De Arbitraje, Art. 10, 58, 59, 60, 61, 62 and 63, 2025-12-23 official text · verified 2026-10-28
Cost to do it: No Convention fee; the cost is translation, authentication and counsel, which art. III caps at the level applied to domestic awards.
Example: An award made in São Paulo, Santiago or Madrid is enforceable in Paraguay on the same footing, since Paraguay made no reciprocity reservation. / A US$1,000,000 award rendered in a non Convention state still qualifies, because Paraguay applies the Convention to awards from any state.Ley Nº 948/1996, aprueba la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras (Nueva York, 10 June 1958), Art. 1 of the law; Convention art. I to VI, 1996-09-09 official text · verified 2026-10-28
Cost to do it: ICSID charges its own lodging and administrative fees under its schedule of fees (not restated here); consent depends on the applicable investment treaty or contract.
Example: An investor protected by a Paraguayan investment treaty that offers ICSID can bring a treaty claim against the State; a resulting award for PYG 5,847,900,000 is enforced in Paraguay as a final local judgment. / A US$1,000,000 ICSID award against Paraguay is not open to New York Convention style objections in Paraguayan courts; annulment is only through ICSID's own committee.Convention on the Settlement of Investment Disputes between States and Nationals of Other States (Washington, 18 March 1965), Art. 25, 53, 54 and 55; ICSID/3 entry for Paraguay, 1983-02-06 official text · verified 2026-10-28
Cost to do it: No separate fee; drafting a clearly legible, prominent clause avoids a validity challenge in adhesion contracts.
Example: A Paraguayan soybean exporter and an Argentine buyer: their contract has contacts with two Mercosur States, so the Mercosur Agreement applies to the arbitration and to enforcement of the award. / On a US$1,000,000 cross border sale, the creditor may rely on the New York Convention or the regional instruments; Ley 7561 art. 59 lets it pick the most favourable treaty.Ley Nº 3303/2007, aprueba el Acuerdo sobre Arbitraje Comercial Internacional del MERCOSUR, Agreement art. 3, 4, 5, 6 and 23, 2007-09-11 official text · verified 2026-10-28
Cost to do it: Legalization or apostille and sworn translation of the foreign judgment, plus counsel fees under the statutory scale; execution fees for counsel follow Ley 1376/1988 art. 34 and 35.
Example: A Brazilian judgment for PYG 1,169,580,000 against a debtor domiciled in Asunción: the creditor files a legalized, translated copy with the first instance judge, the debtor and the prosecutor get 6 days each, and once exequatur is granted assets are attached and the debtor has 3 days to raise one of the five permitted defences. / For a US$200,000 judgment from a court abroad, failure to serve the Paraguayan defendant properly in the original case is a ground to refuse exequatur under art. 532 c.Ley Nº 1337/1988, Código Procesal Civil, Art. 3, 525, 526, 527, 532, 533, 534, 536 and 537, 1988-10-20 official text · verified 2026-10-28
Cost to do it: First instance counsel fee of 5 to 20 percent of the amount at stake for the winner's lawyer, recoverable from the loser, plus 25 to 35 percent of that fee per appeal instance.
Example: On a PYG 5,847,900,000 claim, the winner's first instance lawyer fee is regulated between PYG 292,395,000 (5 percent) and PYG 1,169,580,000 (20 percent); at 5 percent, each appeal instance adds PYG 73,098,750 to PYG 102,338,250, and the losing side's lawyer is regulated at half the winner's fee. / On a US$1,000,000 claim, the court regulated first instance fee is US$50,000 to US$200,000 and the losing party bears it; an appeal adds US$12,500 to US$17,500 per instance at the 5 percent base.Ley Nº 1337/1988, Código Procesal Civil, and Ley Nº 1376/1988, Arancel de Honorarios de Abogados y Procuradores (as amended by Ley Nº 4590/2012), CPC art. 192 and 193; Ley 1376 art. 1, 25, 32, 33 and 36, 1988-12-20 official text · verified 2026-10-28
Cost to do it: No new fee in the law; lenders need custody processes for original promissory notes and cheques to sue on them.
Example: A finance company collecting a PYG 58,479,000 promissory note must hand the original to the clerk with the claim, or be named judicial depositary, once the Acordada is in force. / Even for a US$10,000 (PYG 58,479,000) note, a lender that cannot produce the original will not get funds released by the court.Ley Nº 7663/2026, régimen de depósito de títulos de crédito originales; modifica el Código Procesal Civil, Art. 1 (CPC art. 158, 159, 444 and 448), 2 (CPC art. 501 bis), 4, 6, 7 and 8, 2026-06-19 official text · verified 2026-10-28 · changed: Ley 7663/2026 (19 June 2026) adds a mandatory deposit of original credit instruments in executive collection suits, effective once the Supreme Court Acordada is issued (art. 7); the Acordada was due within 120 days of the law (art. 8).
| Route | Legal basis | Competent body | Key deadlines | Review available | Cost markers |
|---|---|---|---|---|---|
| Award seated in Paraguay | Ley 7561/2025 art. 48, 52 to 58 | Annulment: Court of Appeal of the Capital; execution: first instance judge | Comply within 20 days if award is silent; annulment 15 (domestic) or 25 (international) business days | Closed annulment grounds; no merits review; no appeal | Arbitrator fees set by tribunal; stay needs bank guarantee |
| Foreign award | Ley 7561/2025 art. 59 to 63; Ley 948/1996 (New York Convention); Ley 3303/2007 (Mercosur) | Court of Appeal of the Capital, then first instance judge | Objection 15 business days; decision 10 business days | New York Convention style grounds; no appeal | Translation and apostille; fees no higher than domestic (NYC art. III) |
| ICSID award | ICSID Convention art. 53 to 55 (in force for Paraguay 6 Feb 1983) | Enforced as a final local judgment | Per ICSID rules | Only ICSID annulment | ICSID schedule of fees |
| Foreign judgment | Código Procesal Civil art. 532 to 534 | First instance judge (exequatur) | Debtor and prosecutor 6 days each | Seven conditions incl. jurisdiction, service and public policy | Legalization, translation, counsel |
| Paraguayan court judgment | Código Procesal Civil art. 192, 519 to 530; Ley 1376/1988 art. 32 | First instance judge, appeals | 3 days for defences after attachment | Appeal; limited execution defences | Lawyer fee scale 5 to 20 percent: PYG 292,395,000 to 1,169,580,000 (US$50,000 to 200,000), borne by loser |
Routes to enforce a claim in Paraguay (amounts for a US$1,000,000 claim at PYG 5,847.90)
Worked example
- Foreign award: a Spanish equipment supplier wins a US$1,000,000 (PYG 5,847,900,000) award in a Madrid seated arbitration against a Paraguayan agribusiness. It files the award and a sworn Spanish translation of any non Spanish text with the Tribunal de Apelación en lo Civil y Comercial of Asunción under Ley 7561/2025 art. 63 and the New York Convention. The debtor has 15 business days to object on art. 61 grounds with documents only; the court rules within 10 business days and there is no appeal. The supplier then executes before the first instance judge where the debtor has assets; the debtor can only plead forgery of the award, ten year prescription or payment.
- Domestic arbitration: two Paraguayan companies arbitrate in Asunción and the award orders payment of PYG 1,169,580,000 (US$200,000), silent on timing. The debtor must pay within 20 days of notification (art. 48). It may seek annulment within 15 business days (art. 54) but enforcement continues unless it posts a bank guarantee and the Court of Appeal orders a stay within 5 business days.
- Court litigation: a US$1,000,000 (PYG 5,847,900,000) contract claim is won in first instance. The court regulates the winner's lawyer fee between 5 and 20 percent of the amount (Ley 1376/1988 art. 32), US$50,000 to US$200,000, payable by the loser under CPC art. 192, and the loser's own lawyer is regulated at half that figure (art. 25).
Step by step
- Draft the clause for the new law: choose a seat, rules, an odd number of arbitrators and the language; for contracts with Mercosur counterparties make the clause legible and prominent (Mercosur Agreement art. 4).
- If neither party is Paraguayan or based in Paraguay and finality matters more than review, consider an express waiver or limitation of annulment that meets the writing requirement (Ley 7561 art. 53).
- Do not rely on a foreign court clause alone against a Paraguayan counterparty: CPC art. 3 bars prorogation to foreign judges outside special laws; arbitration is the enforceable route.
- If sued in court despite the clause, raise the arbitration objection in the first procedural opportunity; failing to do so is a tacit waiver for the matters claimed (Ley 7561 art. 12 and 14).
- Raise procedural objections before the tribunal within the agreed period or 5 business days, or lose them for annulment (art. 8 and 52).
- After an award, diary 10 days (domestic) or 20 days (international) for correction or additional award requests (art. 50 and 51) and 15 or 25 business days for annulment (art. 54).
- To enforce a foreign award, prepare the award, the agreement, apostilles or legalizations and sworn translations before filing with the Court of Appeal of the Capital; identify debtor assets for the execution stage.
- For foreign judgments, gather proof of finality and of proper service on the Paraguayan defendant before filing for exequatur under CPC art. 532 to 534.
- For collection on promissory notes or cheques, keep originals in secure custody: once the Ley 7663/2026 Acordada is in force, the original must be deposited with the court.
Common traps
- Arbitrations already requested before Ley 7561/2025 took effect stay under the repealed Ley 1879/2002, but awards rendered afterwards follow the new annulment and enforcement rules (art. 70).
- Individual employment disputes cannot be arbitrated (Ley 7561 art. 2); an arbitration clause in an employment contract will not keep a labour claim out of court.
- Arbitrations with state entities must be decided at law and are public; confidentiality and equity mandates are unavailable (art. 2).
- A late award is a ground for annulment only if the parties expressly and unequivocally agreed that it should be (art. 44 and 52 g).
- An even number of arbitrators in the clause is automatically reduced to the next lower odd number (art. 15), which can leave one side without its nominee.
- Annulment does not suspend enforcement; a stay needs a bank guarantee, never a personal undertaking (art. 54). Art. 58 refers to a suspension under art. 56, while the stay power sits in art. 54, so expect argument on this cross reference.
- Corrections and interpretation requests not made in time bar annulment on grounds they could have cured (art. 52, last paragraphs).
- Foreign judgments obtained without proper service on a Paraguayan domiciled defendant are refused exequatur (CPC art. 532 c).
- Court cases lapse after 6 months without procedural activity (CPC art. 172), and the lapse cannot be cured afterwards (art. 174).
- Fee agreements with Paraguayan lawyers below the statutory scale are void (Ley 1376/1988 art. 1), and the scale also drives the cost award against the loser.
Sources
- Ley 7561/2025, De Arbitraje (BACN)
- Ley 948/1996, approves the New York Convention (BACN)
- UNCITRAL status of the New York Convention
- ICSID/3 List of Contracting States, 17 July 2026
- ICSID Convention, Regulations and Rules
- Ley 3303/2007, Mercosur Agreement on International Commercial Arbitration (BACN)
- Ley 1337/1988, Código Procesal Civil (BACN)
- Ley 1376/1988, Arancel de Honorarios de Abogados y Procuradores (BACN)
- Ley 4590/2012, amends Ley 1376/1988 art. 27 e), 54 and 55 (BACN)
- Ley 7663/2026, deposit of original credit instruments (BACN)
- Banco Central del Paraguay, reference exchange rates
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