Belize is a former British colony, previously known as British Honduras. Its legal system is based on English common law. Belize has a written constitution adopted on 21 September 1981, which includes an extensive bill of rights and also establishes the judicial arm of Belize’s government and the Belize High Court. It follows an adversarial model, where opposing parties present their cases before an impartial judge. Proceedings are conducted through a combination of written submissions and oral arguments.
Belize’s court system is mainly comprised of the following four levels, from the top down:
The Belize court system is not organised into specialised courts by subject matter, although some specific issues such as labour disputes are handled by designated bodies like the Labour Complaints Tribunal. Instead, the courts generally address a wide range of matters across civil, criminal and administrative law.
The timeline from commencing proceedings to trial in the Belize High Court can vary significantly depending on several factors, including the complexity of the case, the court’s schedule and the readiness of the parties involved.
However, for relatively simple cases with few issues in dispute, it can take six to eight months from the filing of the claim to the start of the trial. This timeline accounts for pre-trial steps like case management conferences, discovery and pre-trial review. Complex cases or heavier court workloads may extend the time to trial significantly.
The High Court accepts the electronic filing of documents in civil proceedings. A document filed in this manner is deemed to have been filed on the date and at the time when the filing fee is received by the court office and a copy of the document bearing the stamp or seal of the court is transmitted to the filing party. In exceptional circumstances, an emergency application may be filed at any time, but it must be accompanied by a Certificate of Urgency.
Except for sensitive matters such as sexual offences, certain family cases and those involving minors, court proceedings are generally open to the public. The High Court may order that the filings, record of proceedings and evidence in certain matters are sealed and kept private upon the application of a party to such actions.
Under Section 186 of the Senior Courts Act, 2022, hearings formerly held in chambers may now be conducted virtually by videoconference. Court of Appeal hearings are typically remote. High Court trials are generally in person (with video-link testimony allowed). Magistrates’ Court matters are held in person. At the Caribbean Court of Justice, case management may be held virtually, while appeal hearings are usually in person, with accommodations for persons with disabilities or special circumstances.
Rights of audience are enjoyed by attorneys-at-law admitted to practise law in Belize under the Legal Profession Act, 2020 and those appearing as agents of the Belize government, still referred to as the Crown. Foreign lawyers cannot appear in Belizean courts unless they are formally admitted to practise law in Belize, either permanently or on a case-by-case basis.
Belize has not adopted legislation permitting litigation to be funded by third parties. Furthermore, the common law doctrine of champerty makes it unlawful for a third party with no previous interest in a suit to interfere in the disputes of others by funding it with a view to profiting from its proceeds. Similarly, the common law doctrine of maintenance prohibits a disinterested third party from meddling in the litigation of others’ disputes by supporting or encouraging it.
Attorneys are generally prohibited from entering into partnerships or fee sharing arrangements concerning the practice of law with non-qualified bodies or persons. Attorneys are also prohibited from accepting any fee or reward for merely introducing a client or referring a case or client to another attorney.
Given the restrictions discussed in 2.1 Third-Party Litigation Funding, this issue does not arise in this jurisdiction.
This issue does not arise in this jurisdiction.
This issue does not arise in this jurisdiction.
This issue does not arise in this jurisdiction.
Attorneys’ contingency fee agreements are expressly permitted by Section 33 of Belize’s Legal Profession Act, 2020. These agreements may be made to wholly or partly cover an attorney’s remuneration for legal business done on a client’s behalf; they must be in writing and signed by the client or their agent. These agreements may be sued on and recovered on or set aside.
However, if in any suit for the recovery of such fees the agreement appears to the court to be unfair and unconscionable, the court may order that the agreement is cancelled or that the amount payable under it is reduced. In that sense, the fairness of these agreements is subject to review by Belize’s courts.
This issue does not arise in this jurisdiction.
A major reform under the Senior Courts (Civil Procedure) Rules, 2025 is embodied in Practice Direction No 3 of 2025 (Pre-Action Protocols). These protocols formalise pre-litigation engagement across four claim categories:
Compliance with these Protocols is now a mandatory procedural step, replacing informal demand letters. Parties must serve a Pre-Action Protocol Letter detailing the claim and the supporting documents, and containing an invitation to discuss settlement. The opposing party must respond substantively within the prescribed timeframe. Failure to issue or respond may result in cost sanctions or adverse orders.
For other types of claims, similar principles of early disclosure, good-faith engagement and proportionality apply, and parties are expected to follow the spirit and procedural framework of the Pre-Action Protocols to the appropriate extent. Belize joins the wider Caribbean trend in promoting early settlement.
The usual limitation period for actions founded in tort or contract is six years, beginning from the date when the cause of action arises. There is also a 12-year limitation period that applies with respect to matters founded on trust principles, those concerning claims made on the estates of deceased persons and some claims based on adverse possession of real property.
The jurisdiction of the Belize High Court is based upon a person’s physical presence within the jurisdiction of Belize. In contractual claims, a Belize court will generally recognise and honour the jurisdiction clause in the contract, including the parties’ choice of law and choice of dispute resolution mechanism and forum.
A person may be lawfully served with a court process emanating from the Belize High Court when that person is served at a place within the jurisdiction. Alternatively, a person may be lawfully served with a Belize court process outside of the jurisdiction with the permission of the Belize High Court. A defendant located outside of the jurisdiction may also choose to voluntarily accept service through an agent within the jurisdiction appointed for that purpose.
A defendant served outside of Belize risks being deemed to have submitted to the Belize court’s jurisdiction, or having waived their right to challenge it, if they actively take steps in the Belize proceedings without promptly indicating their intention to contest jurisdiction. This includes, for instance, filing and pursuing a counterclaim in the Belize court.
Under the civil procedure rules, a defendant wishing to challenge jurisdiction must first file an acknowledgment of service and then make the application within the time prescribed for filing a defence. Failure to do so constitutes submission to the court’s jurisdiction.
High Court claims are commenced by filing and serving a claim form setting out the particulars of the parties to the claim, the brief nature of the claim, and the relief sought. It is generally accompanied by a statement of claim, which supports the claim form by stating the claim in greater detail, including all information technically required by law.
Belize’s civil procedure rules impose a strict duty on the claimant to set out the full particulars of its case from the outset. A claimant is precluded from relying on an allegation or factual contention not pleaded, unless leave is subsequently granted by the court or consent is obtained from the opposing party.
Certain claims must be initiated by way of a fixed date claim form, such as:
In certain cases, a supporting affidavit may accompany the fixed date claim form. Supporting affidavits would generally serve the same purpose as a statement of claim, except that they constitute sworn evidence supporting the claim upon its commencement and within the stage of pleadings. Although it includes a statement of truth by which a litigant certifies the truth of its contents, a statement of claim is a form of pleading, not sworn evidence.
Where a claimant uses a supporting affidavit, a defendant may likewise initially respond to the claim with their own evidence in the form of an affidavit in response. This procedure of using affidavits at the stage of commencing a claim is useful and is most common in administrative law and judicial review claims, for example.
Belize’s Senior Courts (Civil Procedure) Rules, 2025, permit parties to amend their pleadings without the court’s permission at any time before the first case management conference; a party wishing to amend after that point can only do so with the court’s permission. Generally, the party must promptly apply to court demonstrating that there has been a sufficient change of circumstances since the first case management conference to justify the court’s granting of its permission.
Service of originating process in Belize is governed by Part 5 of the Senior Courts (Civil Procedure) Rules, 2025. Service is generally effected personally by the litigant, not by the court. The Rules also allow electronic service, with proof of transmission (such as delivery or read receipts) exhibited in an affidavit of service. Service on attorneys, companies or partnerships may be completed by courier, post or electronic means to their registered office.
Where personal service is impracticable, parties may use alternative or substituted service – for example, by email or newspaper publication – if it is proven likely to bring the proceedings to the defendant’s attention, as affirmed in Belize High Court Claim No 414 of 2021 Lockwood v Christian.
Service outside Belize is governed by Part 7 of the Senior Courts (Civil Procedure) Rules, 2025, allowing service abroad without leave if:
If ordinary methods are impracticable, the claimant may seek leave for alternative service supported by affidavit evidence.
Claims eligible for foreign service include those involving Belizean contracts, torts, property, companies, trusts, estates, enforceable judgments or interim relief connected to Belize. The court may also authorise service abroad on a necessary or proper party. In exceptional cases, the court may deem alternative service sufficient or may dispense with service entirely where the defendant is aware of the proceedings and no injustice would result.
A claimant may obtain a judgment in default against a defendant who fails to either acknowledge service of a claim in a timely manner or file and serve a defence.
Belize law permits representative actions. The court may appoint one or more persons or a body to represent five or more persons having the same or a similar interest in the proceedings. A representative may be appointed to act on behalf of either claimants or defendants.
Where the court appoints a representative, an order of the court binds everyone represented by that party. Such order may not, however, be enforced against a person who is not a party to the proceedings, unless the person wishing to enforce it obtains permission from the court. This facility for the representation of others in proceedings extends to the representation of persons who cannot be ascertained, including those yet to be born. These possibilities arise especially in proceedings concerning the estates of deceased persons, trust property or the construction of written instruments.
There is no requirement for a cost estimate in Belize litigation. However, courts increasingly follow the practice of directing parties to file costs budgets as part of case management.
In appropriate circumstances, Belize’s civil procedure rules allow parties to seek “interim” remedies, which include remedies that could be obtained before a claim was commenced. Interim orders include:
Wherever practicable, interim applications are dealt with during a case management conference or pre-trial review. If a party files an application that could have been addressed at those stages, the court may order that party to bear the costs of the application, unless special circumstances justify otherwise.
Applications are generally made in writing using Form 6, stating the order sought and the grounds on which it is requested. In urgent matters, the applicant must file a certificate of urgency explaining why an expedited hearing is required. Applications are served promptly, with supporting affidavits and any draft orders attached.
A respondent who intends to oppose an application must now file and serve this notice within seven days of being served with the application, succinctly setting out the grounds of opposition. If no notice is filed, the court may treat the application as unopposed and determine it on the papers. Respondents may also file affidavit evidence in response within 14 days, and applicants have seven days thereafter to file any reply evidence.
Where a respondent does not oppose the relief sought, they must instead file a Notice of Consent within the same seven-day period.
The rules mentioned in 4.1 Interim Applications/Motions also provide for the summary disposal of proceedings, in whole or in part, by various means. These include the powers of the court to grant summary judgment on any issue or issues, or to strike out the whole or any part of a case.
The rules allow for summary judgment on any issue or part of a case where there is no real prospect of success for the opposing party. In addition, a party may apply to strike out the entire claim or defence if it discloses no reasonable grounds for bringing or defending a claim, or where the pleading constitutes an abuse of the court’s process.
Summary judgment and applications to strike out the whole or any part of another’s case are the primary dispositive motions used in the Belize High Court.
It is fair to say that a strike-out order is now considered a “nuclear option”. Its use is generally limited to clear cases where a claim is obviously unsustainable or an abuse of process, as highlighted in Claim No 35 of 2020 Woodye et al v Attorney General of Belize. There, Justice James stated that strike-out motions should be reserved for cases that lack merit and where no further investigation will assist the court in reaching the correct outcome. In addition, preliminary issues may be decided to dispose of the case or to limit its triable scope.
Previously, it was not unusual for interested parties not named as a claimant or defendant to join a lawsuit as an “interested party”. Belize’s Senior Courts (Civil Procedure) Rules permit the court to add, remove or substitute a party at the case management conference, upon application. The court also has the authority to do this of its own initiative.
However, this practice is coming under increasing scrutiny, primarily because of the management of additional costs considerations arising from the involvement of an additional party that might have no true lis in the proceedings. In those instances where the participation of an interested party is permitted, provision should be made for a proper delineation of the scope of that party’s involvement and the costs implications thereof.
A defendant may apply to court for an order that a claimant provides security for that defendant’s costs. These orders are perhaps most common where:
In Civil Appeal No 26 of 2016 Fort Street Tourism Village v Suzanne Kilic, the Belize Court of Appeal held that a defendant must show that there is a real risk that there will be difficulty in enforcing an order for costs. Even if a claimant resides in a country that is included in the Reciprocal Enforcement of Judgments (Extension) Order, a defendant can still succeed in such an application if they can prove difficulty in enforcing a cost award. The manner of posting security includes the claimant’s payment of a specified sum into court in order to abide by the terms of any costs order that the court might ultimately make in the defendant’s favour.
The costs of interim applications can be ordered to be paid relative to the date on which that application is disposed of or at a later date, including by factoring the liability for those costs into the final costs order made at the end of the substantive claim.
Applications for interim relief generally require that the respondents to such applications have at least seven clear days’ notice of the hearing of that application. “Urgent” applications generally only require three clear days’ notice if brought to the attention of any other party.
As a jurisdiction that has adopted English common law, Belize has a process of discovery, which is referred to as disclosure. Litigation proceeding through its normal course in the Belize court is subject to the usual disclosure requirements.
The duty of disclosure is generally confined to the parties to the proceedings. Exceptionally, however, a court may order a third party to disclose information that is relevant to a claim involving parties other than that third party. These orders are of the Norwich Pharmacal/Bankers Trust type. In Belize, their primary use has been with respect to the unearthing of information in proceedings concerning international financial services.
These orders are discretionary. To obtain them, one must generally satisfy the court that:
Bankers Trust type orders specifically are used mainly in tracing actions where an applicant has been unlawfully deprived of its property or property to which it has a legal entitlement.
Generally, parties will be under a duty to disclose all information and documents that are directly relevant to the claim, confirmed by an order for standard disclosure in the case. In simple terms, “directly relevant” means tending to either prove or disprove one’s case. This obligation to disclose all documents that are directly relevant is a continuing obligation on the parties.
A supplemental list of documents must be served within 14 days after any new documents come to the party’s attention. It must be accompanied by an affidavit confirming compliance with the disclosure requirements and verifying that all newly discovered documents have been properly listed.
Otherwise, parties may be ordered to specifically disclose certain information by way of an order for “specific disclosure”. Parties wishing to rely on a document must disclose that document in the proceedings within which they intend to use them.
A party may not rely on any document at trial that was not properly disclosed in accordance with the court’s disclosure order.
Alternatives to discovery include the use of interrogatories and notices to admit facts. Interrogatories are written questions put to a party, which must be answered by affidavit. A notice to admit facts requires a party to admit the facts or part of the serving party’s case outlined in the notice.
A party may claim privilege in the disclosure process and withhold documents from disclosure or inspection on that basis. Legal professional privilege covering certain correspondence between attorney and client features prominently in this area. A party lawfully possessing that privilege may also waive that privilege of their own volition. Communications with in-house counsel qualify equally, provided that the nature of such documents supports the privilege being claimed.
A person may apply to the High Court, without notice, for an order permitting that person not to disclose the existence of a document on the ground that disclosure of the existence of the document would damage the public interest.
Belize law provides for the granting of injunctive relief. These orders are discretionary and include injunctions of various types, such as prohibitory injunctions, mandatory injunctions, freezing orders and anti-suit injunctions.
As mentioned in 4.7 Application/Motion Timeframe, in the case of applications for interim relief generally, Belize’s procedural rules provide for the hearing of applications on an urgent basis, including on a without notice basis. In appropriate circumstances, the hearing of urgent applications brought without notice is constrained only by the availability of the High Court. These applications have been known to be heard within as little as a day or two.
Injunctive relief can be obtained without notice to the respondent in exceptional circumstances. It is for the applicant to assert and persuade the court that the case is appropriate for not giving the respondent notice of the application, such as in cases of extreme urgency. When seeking injunctive relief on an ex parte basis, the applicant has a duty of full and frank disclosure. Under this duty, the applicant must fully and accurately disclose all material facts to the court.
An applicant for injunctive relief is generally required to give an undertaking as to any damages that another party may suffer on account of any injunction obtained by them. That applicant should also demonstrate that they can make good on that undertaking if called upon to do so. In Civil Appeal No 3 of 2022 Dykgraaf et al v Rodriguez, the Court of Appeal emphasised the significance of the undertaking in damages, particularly when the respondent ultimately succeeds and becomes eligible for damages.
An affected party may equally apply to court for an order for the applicant to fortify such an undertaking, especially where sufficient evidence is produced to raise doubts about the applicant’s ability to satisfy that undertaking if called upon to do so.
Injunctive relief is often broadly worded. Freezing orders can be stated to apply to worldwide assets by the terms of such orders.
Injunctive relief orders are not only generally stated to apply to the respondent directly but also seek to enjoin the respondent from breaching the terms of the order by acting through third parties such as employees, successors, agents and/or assignees.
Injunctions will generally include a “penal notice”, which warns persons on whom it is served that they may be liable to be committed to prison, to be fined or to have their assets seized if they fail to comply with the terms of that order, since they may be held in contempt of court. The court’s authority to punish civil contempt is granted by Section 109 of the Senior Courts Act, 2022. The applicant has the burden to prove that a committal order is warranted and that there has been compliance with the procedural requirements to bring the application for committal.
Trials are a combination of leading evidence and presenting arguments, both of which are presented in a mix of oral and written forms. The evidence in interim applications is generally presented by affidavit. Expert evidence may be presented in the form of an expert’s report; an expert may also produce a witness statement in proceedings.
Cross-examination of witnesses is common, but it is less common in matters such as judicial review or the hearing of many interim applications.
As noted in 1.3 Court Filings and Proceedings, trials are primarily conducted in person. However, Section 186 of the Senior Courts Act, 2022 permits virtual hearings or trials in the High Court.
A case management conference is mandatory in all defended claims and must be held within 90 days of filing the defence. At these hearings, usually before a High Court judge sitting in chambers, the court gives directions for the efficient conduct of the case and may resolve substantive matters. Parties are expected to disclose scheduling conflicts and technology needs in advance.
The court may impose sanctions for non-compliance with rules or orders. Relief from sanctions is granted only where the default was unintentional, properly explained and accompanied by general compliance. As affirmed in Claim No 244 of 2016 Lopez Equipment Company Ltd v Pasa Belize Ltd, workload or oversight by counsel is not a sufficient excuse.
Belize law recognises the notion of jury trials in very limited civil cases but this is seldom used in practice, if ever.
The best kind of evidence in most cases will be evidence that is based on the witness’s first-hand perception, involvement or experience. The Evidence Act provides the statutory framework for the admissibility of evidence and competence of witnesses. Hearsay evidence is inadmissible in both criminal and civil trials.
In addition, parties’ oral or written communications that have been communicated in a genuine attempt to settle litigation tend to attract “without prejudice” privilege. At common law, the privilege against self-incrimination is also protected.
Expert evidence can only be used by parties with the court’s permission. Once called, an expert is obliged to acknowledge that their first duty is to the court and not to any particular party at whose behest they might be called, and to act accordingly.
Under Section 23 of the Senior Courts Act, 2022, the court has the authority to obtain support from accountants, actuaries or scientific experts whenever it deems it necessary to resolve any dispute or matter before the court. The court also has the option to refer any accounting-related questions to an accountant for further investigation and report. In such cases, the court may permit the payment of reasonable fees and expenses to these professionals, either by the parties involved or by assessing them as costs in the relevant cause or matter.
As stated in 1.3 Court Filings and Proceedings, court proceedings are generally open to the public, with the exception of certain matters that are considered particularly sensitive. The trial of sexual offences, matters concerning the welfare of families (ie, domestic violence) and matters involving minors are kept private and tried in camera.
A judge is permitted to intervene during a hearing or trial to the extent that they do not unfairly prejudice either side of the litigation by doing so. The judge is required to be an independent and fair arbiter on the trial of disputes. Judges should perform that function without “descending into the arena” of the litigation between the parties.
It is open to judges to reach their decisions at their first opportunity, including immediately upon the conclusion of a trial. A judge is also permitted to reserve their decision on a case for a reasonable time to allow for the necessary deliberation. It is fair to say that, generally, the more complex a matter, the greater the chance of a judge reserving their decision to a later date.
A fair estimate of the time for disposal of an average claim from commencement through to trial in Belize’s High Court would be between nine and 18 months.
The settlement of disputes is strongly encouraged by Belize’s court system. Belize’s procedural rules incorporate the use of alternative dispute resolution mechanisms. There is a system of court-connected mediation legally in place, including a roster of qualified mediators. Parties are not required to seek the court’s approval of the terms of a settlement except in rare cases, such as those involving a minor or an individual deemed legally not competent because of disability or diminished capacity.
Parties have the option to keep the settlement of a lawsuit confidential. They may do so, among other ways, by using an appropriate form of Tomlin Order, the effect of which may be to expressly reserve the parties’ ability to apply to court to enforce the terms of their settlement while keeping the terms of settlement confidential until then, if the disclosure of those terms is indeed proved necessary.
A settlement agreement entered into on its own without being incorporated into an order of the court is generally enforced by suing upon that agreement for its specific performance and damages, or both.
Settlement agreements may be challenged on normal contractual bases, such as illegality.
Belize law recognises most, if not all, forms of relief known to English common law. These include:
Exemplary or aggravated damages are available in special cases, mostly in constitutional or public law claims. In contract, the award of damages where their amount is expressly specified in the contract is subject to the unenforceability of sums found to constitute a penalty.
Pre-judgment and post-judgment interest are available. Pre-judgment interest for the recovery of any debt or damages is discretionary. In contrast, all judgment debts carry interest at the rate of 6% per annum from the time the judgment is entered until it is satisfied, as per Section 176 of the Senior Courts Act, 2022.
A domestic judgment is enforceable by applying to court for orders for its enforcement, including writs of fieri facias and orders attaching a judgment to the debtor’s property or to any reachable stream of a debtor’s income.
A money judgment that is final and conclusive and made upon the merits of the case may be enforced in Belize by a process of registration under the Reciprocal Enforcement of Judgments Act if it so qualifies. The act applies to qualifying judgments emanating from the courts of England and Wales and from those of certain Commonwealth countries. Outside the provisions of that legislation, certain money judgments of a similar nature may be enforced in Belize by commencing suit de novo upon the judgment as a bare contract debt.
Although more onerous than the simplified process of registration, such suits may also prove relatively simplified in appropriate cases. For instance, a claimant may proceed straight to obtaining summary judgment in such an action where the matter is undefended in the Belize court or where, doing their best, the defendant is only able to produce a weak defence.
Belize has a tiered hierarchical court system, and litigants may appeal the decisions of lower courts to the next highest court in the hierarchy. The highest and final appellate court is the Caribbean Court of Justice. Interestingly, that court also serves the dual purpose of being the court of original jurisdiction for matters arising under the Treaty of Chaguaramas constituting the Caribbean Community Regional Block (CARICOM), of which Belize is a member.
Litigants may appeal either as of right or with the court’s permission. For example, most “final” orders of the High Court are appealable as of right, while the appeal of some “interlocutory” High Court orders requires the prior permission of the court. The circumstances in which a court will grant an applicant leave to appeal an interlocutory order were set out in Action No 114 of 1988 James Wang v Atlantic Insurance Co Ltd, as follows:
In Civil Appeal No 23 of 28 Belize Telemedia Limited v The Attorney General et al, the Court of Appeal stated additional considerations that arise in appeals from interlocutory orders, including that:
Where permission is required, the intended appellant applies first to the High Court (being the trial court or court of first instance). If the High Court refuses that application for permission, the intended appellant may then apply directly to the Court of Appeal for permission.
A party appealing a High Court decision must file and serve a Notice of Appeal within 21 days of the perfected order. If alleging a misdirection or error of law, the notice must specify the particulars. The notice must be served on the respondent within seven days of filing, and any cross-appeal must be filed within 14 days of service. Both notices may be amended with the court’s leave.
As noted in 10.2 Rules Concerning Appeals of Judgments, certain interlocutory decisions are not appealable as of right and require leave to appeal. Where leave is required, the time for filing the Notice of Appeal beings to runs only after leave has been granted.
Under the Court of Appeal Rules, a single judge may handle interim matters such as granting security for costs, leave to appeal in forma pauperis, stays of execution, injunctions or extensions of time. Such orders may later be varied or discharged by the full court. Where approaching the Court of Appeal would cause delay, a High Court judge may exercise the same powers and forward the order to the Registry.
Filing an appeal does not automatically stay execution; a stay must be specifically granted by the High Court or Court of Appeal upon application.
Appeals are mostly confined to considering matters of law. Appellate courts will generally defer to the decisions of lower courts on matters of fact and matters concerning the exercise of a discretionary power by a trial judge, except where those decisions or orders are demonstrably “aberrant”. Appeals under Belize’s appellate system would be most fairly classified as exercises of review, not rehearing.
The court has the power to make various orders on granting an appeal. These include powers to confirm, vary, amend or set aside the order or make any such order as the High Court might have made, or to make any order which ought to have been made, and to make such further or other orders as the case may require. The court may make any order on such terms as it thinks just to ensure the determination on the merits of the real question in controversy between the parties.
After hearing an appeal, the Court of Appeal has several options. It may, for example, quash the decision of the lower court and either order a retrial of the matter or substitute its own finding for that of the lower court.
A client will be responsible for paying their attorney’s charges for handling litigation on the client’s behalf. Between party and party, a court may make an order as to which party is to pay the costs of court proceedings. The general rule is that costs follow the event, so an unsuccessful party will generally be ordered to pay the successful party’s costs.
The court also has discretion to make personal cost orders against legal practitioners who cause procedural delays or fail to comply with court directions or orders. This is separate from any wasted costs that may also be imposed.
Where the court considers making a costs order against someone who is neither a party nor a legal practitioner, procedural fairness requires that the person be given prior notice of the intended order, the reasons for it, and at least 14 days’ notice of the hearing to respond. The court’s power to issue such notice extends internationally, allowing service and participation of persons outside Belize without the need for prior leave.
Generally, costs are awarded to the successful party. In awarding costs, the court must consider a party’s:
A court may order that the amount of costs is based on the amount prescribed by Belize’s procedural rules, or may direct that the costs be assessed by the court. Cost orders are appealable.
As noted in 9.3 Pre-Judgment and Post-Judgment Interest, interest is usually payable at the rate of 6% on every judgment debt. A judgment debt includes that portion of the debt arising from the order for payment of costs in those proceedings.
The courts and legal profession increasingly encourage parties to explore settlement mechanisms that reduce delay, expense and adversarial confrontation. Lower costs, simplified processes and quicker results are all factors motivating parties to approach ADR with increasing openness and acceptance. The most popular ADR methods in Belize are Pre-Action Protocol Letters and mediation.
The Belize legal system promotes a culture of consensual dispute resolution within its civil justice system. A court may refer a claim to court-connected mediation even without the parties’ consent, and may also direct court-connected arbitration.
Under the Senior Courts (Civil Procedure) Rules, 2025, several ADR mechanisms are available.
Arbitration in Belize is governed by the Arbitration Act, Chapter 125 of the Laws of Belize, revised edition 2020, which regulates both local awards under the Geneva Protocol (1923) and foreign awards pursuant to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1973. The arbitral procedure, including the composition of the arbitral tribunal, is generally governed by the will of the parties to the arbitration.
In addition, Part 74 of the Senior Courts (Civil Procedure) Rules, 2025 establishes a framework of court-connected arbitration, allowing the court, with the consent of the parties, to refer claims to arbitration at or after the case management conference stage by formal submission notice and court order.
Most commercial disputes are arbitrable, but matters involving criminal, tax, constitutional, public law, family law, intellectual property and property title issues remain non-arbitrable.
A particular subject matter may also be determined to be non-arbitrable if the rules chosen by the parties to govern the conduct of their arbitration do not provide for the arbitration of that particular subject matter.
In respect of local awards, the Arbitration Act provides that the court may remove arbitrators or umpires who misconduct themselves. Furthermore, the court may set aside an arbitration or award that has been improperly procured.
A foreign award shall not be enforceable under the act if the court dealing with the case is satisfied that:
In addition, a court may refuse to enforce a foreign award if it considers that the award has not been made:
Generally, a “local” or domestic award may, by leave of the High Court, be enforced in the same manner as a judgment or order to the same effect. A foreign award is enforceable in Belize either by action or in the same way as one would enforce a domestic award. Specifically, a foreign award may likewise be enforced, by leave of the court, in the same manner as a judgment or order to the same effect.
Enforcing Foreign Awards
A foreign arbitral award is enforceable in Belize under the Arbitration Act if it was made pursuant to a valid arbitration agreement, by a duly constituted tribunal, in accordance with the governing law, and if it has become final at the seat of arbitration and concerns matters that may be lawfully arbitrated under Belizean law. Enforcement will be refused if the award is contrary to public policy or the law of Belize.
To enforce such an award, the applicant must submit:
Under Parts 43.10 to 43.12 of the Rules, the process requires the filing of a fixed date claim form supported by affidavit evidence exhibiting:
Once recognised, the award has the same force and effect as a High Court judgment, including those issued by approved foreign or convention-based tribunals.
Convention Awards
Convention awards may be enforced in the same manner as a judgment, by leave of the High Court. However, enforcement may be refused if the person against whom it is invoked proves that:
Enforcement of a Convention award may also be refused if the subject matter is non-arbitrable, or if recognition would contravene Belizean public policy.
There are no current proposals for any dispute resolution reform. However, the Essential Services Arbitration Tribunal has recently been reconvened to settle trade disputes related to essential services such as electricity, health, finance, water and other similar services, in accordance with the Settlement of Disputes (Essential Services) Act, 2020.
Commercial litigation in Belize is expanding, driven by cross-border investment, real estate development and a more complex business environment. The fastest-growing areas include:
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