En el presente artículo, caracterizamos al Procedimiento Administrativo Trilateral como un medio para que las empresas o agentes del sector eléctrico peruano puedan solucionar sus controversias. Para ello, es necesario echar un vistazo a las posibles causas que pueden originar conflictos en el sector, y las vías por las que se puede tramitar su solución. Entre esas vías, es de interés para este trabajo la que ha ideado el Derecho Administrativo peruano –el Procedimiento Administrativo Trilateral–, que se erige en el sector eléctrico a través de la función de solución de controversias de OSINERGMIN, y que es ejercida por sus órganos resolutivos. En tal sentido, analizamos dicha función, su justificación, y los límites de la competencia de OSINERGMIN para ejercerla, tanto en lo relativo a las materias que pueden ser conocidas por la entidad, como en lo que respecta a su r...

In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of a...

Regulation   and   regulatory   agencies   have   aninfluence on the economy and on the legal system ofa country. In this context, which are the challengesof regulatory agencies in developing countries, forexample, Peru? What is their relation with foreign investment? In a context of financial crisis, which isthe role that these agencies should play?THĒMIS-Law Review had the opportunity to briefly interview one of the more recognized and consulted experts in Regulation, who provided answers to the questions indicated above.

In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of a...

Regulation   and   regulatory   agencies   have   aninfluence on the economy and on the legal system ofa country. In this context, which are the challengesof regulatory agencies in developing countries, forexample, Peru? What is their relation with foreign investment? In a context of financial crisis, which isthe role that these agencies should play?THĒMIS-Law Review had the opportunity to briefly interview one of the more recognized and consulted experts in Regulation, who provided answers to the questions indicated above.

Regulation   and   regulatory   agencies   have   aninfluence on the economy and on the legal system ofa country. In this context, which are the challengesof regulatory agencies in developing countries, forexample, Peru? What is their relation with foreign investment? In a context of financial crisis, which isthe role that these agencies should play?TH?MIS-Law Review had the opportunity to briefly interview one of the more recognized and consulted experts in Regulation, who provided answers to the questions indicated above.

In this paper, the author states that every lawyer should be compelled to denounce before the corresponding bar association or the judge the cases of abuse of process that damages clients, so the (bad) lawyer, who is behind of these practices, can be punished. The author remarks the fact that, although judges and bar associations are the main protagonists in the punishment of abuse of process, the recognition of this lawyer’s duty can contribute to clients’ rights protection and the consolidation of rule of law. From this perspective, the author proposes that every abuse of process circumstance is perpetrated because a lawyer incited it or because he or she consented it; for this reason, a (bad) lawyer will always be the one who caused the abuse. Precisely, one “remedy” for a lawyer involved in these practices consists in recognize the duty of a...