Scope of Application

(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 international comity.

(c)Solely for the purposes of this Chapter 42A, Guam is considered a State; and the states of the United States, including the District of Columbia, territories and commonwealths of the United States and any foreign nation, shall be considered a different State. COL412014 CH. 42A GUAM INTERNATIONAL ARBITRATION

(d)The provisions of this Chapter 42A apply to international commercial arbitration and domestic arbitration, subject to any agreement in force between Guam and any other State or States.

(e)The provisions of this Chapter 42A, except Sections 42202, 42A403, and 42A702 apply only if the place of the international commercial arbitration is in Guam.

(f)An arbitration is international if:

(1)the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States; or

(2)one of the following places is situated outside the State in which the parties have their places of business:

(A)the place of arbitration if determined in, or pursuant to, the arbitration agreement;

(B)any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or

(C)the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one State.

(g)An arbitration is domestic if:

(1)The arbitration is not an international commercial arbitration as defined in paragraph

(f)above; and

(2)the place of the arbitration is Guam.

(h)For the purposes of paragraph

(f)of this Section:

(1)if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; and

(2)if a party does not have a place of business, reference is to be made to his or her habitual residence.

(i)The term commercial should be given a wide interpretation so as to cover matters arising from all relationships of a commercial nature, whether contractual or not. An agreement is commercial if it arises out of a COL412014 CH. 42A GUAM INTERNATIONAL ARBITRATION relationship of a commercial nature including, but not limited to, any of the following:

(1)A transaction for the supply or exchange of goods or services.

(2)A distribution agreement.

(3)A commercial representation or agency.

(4)An exploitation agreement or concession.

(5)A joint venture or other, related form of industrial or business cooperation.

(6)The carriage of goods or passengers by air, sea, rail, or road.

(7)Construction.

(8)Insurance.

(9)Licensing.

(10)Factoring.

(11)Leasing.

(12)Consulting.

(13)Engineering.

(14)Financing.

(15)Banking.

(16)The transfer of data or technology.

(17)Intellectual or industrial property, including trademarks, patents, copyrights and software programs.

(18)Professional services.

(19)Investment.

(j)This Chapter 42A shall not affect any other law of Guam by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Chapter 42A including, but not limited to, arbitrations conducted pursuant to