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international commercial » internacional comercio (Expander búsqueda), international cooperation (Expander búsqueda), international financial (Expander búsqueda)
1
artículo
Publicado 1986
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The paper analyzes international commercial arbitration, highlighting it as an effective means of resolving commercial disputes before the courts. The author points out that, while trials in the judiciary can take years, arbitration offers speed, resolving cases in 90 to 120 days, and adapts to the needs of the parties in terms of procedure and specialization, which is essential in complex commercial matters. It also mentions that arbitration offers privacy and flexibility, factors that preserve business relationships and avoid public exposure of disputes. The paper also explains the existence of two types of arbitration: ad hoc arbitration, in which the parties choose the arbitrators without relying on an institution, and institutional arbitration, which is regulated by specific organizations that facilitate the process and resolve procedural disputes. Finally, it addresses the internat...
2
artículo
Publicado 1986
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The paper analyzes international commercial arbitration, highlighting it as an effective means of resolving commercial disputes before the courts. The author points out that, while trials in the judiciary can take years, arbitration offers speed, resolving cases in 90 to 120 days, and adapts to the needs of the parties in terms of procedure and specialization, which is essential in complex commercial matters. It also mentions that arbitration offers privacy and flexibility, factors that preserve business relationships and avoid public exposure of disputes. The paper also explains the existence of two types of arbitration: ad hoc arbitration, in which the parties choose the arbitrators without relying on an institution, and institutional arbitration, which is regulated by specific organizations that facilitate the process and resolve procedural disputes. Finally, it addresses the internat...
3
artículo
Publicado 2019
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The Argentine Law of International Commercial Arbitration represents a very important milestone in the Argentine Commercial Law, regulating for the first time in a specific way a necessary aspect in the international commercial legal traffic: the arbitration. In this sense, it is necessary to carefully analyze not only the background to this fundamental norm but also every essential and innovative characteristic such as the principles that inspire it, the recusal of arbitrators, the precautionary measures, the arbitration body, among others. In this way, the reader can have a panoramic view that will allow you to know the strengths and weaknesses of the new legal treatment of international commercial arbitration in Argentina.
4
artículo
Publicado 2019
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The Argentine Law of International Commercial Arbitration represents a very important milestone in the Argentine Commercial Law, regulating for the first time in a specific way a necessary aspect in the international commercial legal traffic: the arbitration. In this sense, it is necessary to carefully analyze not only the background to this fundamental norm but also every essential and innovative characteristic such as the principles that inspire it, the recusal of arbitrators, the precautionary measures, the arbitration body, among others. In this way, the reader can have a panoramic view that will allow you to know the strengths and weaknesses of the new legal treatment of international commercial arbitration in Argentina.
5
artículo
Publicado 2020
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When referring to international commercial arbitration in Peru, two questions that have received little doctrinary reflection arise. These are, on one hand, the possibility that a Peruvian court may adopt a precautionary measure in assistance of a commercial arbitration based abroad and, on the other hand, the possibility of recognition by the Peruvian courts of a precautionary measure issued in the context of a commercial arbitration based abroad. They constitute the two sides of the same legal problem to which the author aims to reply by proposing a solution through a solid argumentative development. In this article, the author’s analysis departs from the importance of the right to effective international judicial protection, emphasizing on international precautionary protection. Moreover, he reflects on the duty of cooperation of the state courts in order to safeguard the effectiven...
6
artículo
Publicado 2020
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When referring to international commercial arbitration in Peru, two questions that have received little doctrinary reflection arise. These are, on one hand, the possibility that a Peruvian court may adopt a precautionary measure in assistance of a commercial arbitration based abroad and, on the other hand, the possibility of recognition by the Peruvian courts of a precautionary measure issued in the context of a commercial arbitration based abroad. They constitute the two sides of the same legal problem to which the author aims to reply by proposing a solution through a solid argumentative development. In this article, the author’s analysis departs from the importance of the right to effective international judicial protection, emphasizing on international precautionary protection. Moreover, he reflects on the duty of cooperation of the state courts in order to safeguard the effectiven...
7
artículo
Publicado 2020
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As one of the pillars of international arbitration, the doctrine of kompetenz-kompetenz has a dual function. In a positive sense, it represents the recognition of the existence of an arbitral jurisdiction founded on the parties’ agreement and thus the power of any arbitral tribunal to rule on its own jurisdiction when challenged. In its negative sense, the principle acknowledges the arbitrators’ power to be the first judge to consider and decide on the said jurisdiction when resolving a dispute.In this article, the authors recapitulate the kompe-tenz-kompetenz principle under the light of the recently promulgated Argentina’s International Com-mercial Arbitration Law, emphasizing its various nuances, which sometimes occur unnoticed by national courts. The aim is understanding, through a logic and practical standpoint, the reasonable and balanced distribution between arbitral and jud...
8
artículo
Publicado 2020
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As one of the pillars of international arbitration, the doctrine of kompetenz-kompetenz has a dual function. In a positive sense, it represents the recognition of the existence of an arbitral jurisdiction founded on the parties’ agreement and thus the power of any arbitral tribunal to rule on its own jurisdiction when challenged. In its negative sense, the principle acknowledges the arbitrators’ power to be the first judge to consider and decide on the said jurisdiction when resolving a dispute.In this article, the authors recapitulate the kompe-tenz-kompetenz principle under the light of the recently promulgated Argentina’s International Com-mercial Arbitration Law, emphasizing its various nuances, which sometimes occur unnoticed by national courts. The aim is understanding, through a logic and practical standpoint, the reasonable and balanced distribution between arbitral and jud...
9
artículo
Publicado 2019
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The objective of the investigation was todetermine the influence of the internal accountingaudit on the finances of the textile companies ofthe commercial empire of Gamarra located in thedistrict of La Victoria in the department of Lima,capital of Peru. The study was of the basic type,descriptive level and causal correlational design.To measure and then correlate both variables, asurvey questionnaire was applied to a sample of132 accountants, administrators and businessmenwho are in charge of the management of 12 textilecompanies that offer their products in the Gamarracommercial emporium. The review of the scientificliterature included the analysis of the InternationalAuditing Standards (NIAS), the Generally AcceptedAuditing Standards (NAGAS) and the InternationalStandards for the Exercise of Internal Audit (IIA).The correlation coefficient r was 0.94, while thecoefficient of determinat...
10
artículo
Publicado 2001
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One of the most remarkable economic developments of the 1970s for the State of Florida was its emergence in the international financial world. Florida's economy, which until then was essentially relying on tourism, agriculture and the construction industry, began during the 1970s to gradually acquire a new dimension--international banking. Florida's proximity to Central and South American markets, its bilingual population, and the promulgation by the state of international banking legislation have all contributed to Miami's emergence--both nationally and internationally--as a specialized Latin American banking center.With international banking a major financial activity, its impact is felt throughout the Florida economy. Employment and office expenditures have a direct effect on local income. However, the total economic impact of international banking activities on the local economy is e...
11
artículo
The liberalization process of the Peruvian economy, initiated in the 1990s, has led the external sector to a high level of vulnerability in the current global context. On the one hand, the rapid growth of exports -mainly primary products- is linked to the price increase due to China’s strong demand, starting in the 2000s. However, the international crisis of 2008-2009 and the beginning of the Chinese economic model change, had an impact on the process decline of Peruvian exports since 2012; accentuated by the sharp fall in raw material prices and the loss of competitiveness vis-à-vis Asian products. On the other hand, the structure and composition of Peruvian international trade, including a pattern of specialization oriented to the export of low added value goods and the growing import of high and medium technology goods, represent one of the major weaknesses of the national economy.
12
artículo
The last 30 years have been a really exceptional time for international arbitration. The author resembles international arbitration with the SevenKingdoms of “Game of Thrones” where everything went right under the umbrella of the New York Convention.Gary Born states: “Winter is Coming” for international arbitration. The arbitration community should be prepared to defend itself from a metaphorical “armyof undead” who could demand more government control of the arbitration process in the future. In that regard, the author states that instead of beinghunted in defending arbitration, we ought to hunt a little bit. The time to stop fending off attacks and start going on the offensive against arbitration’s critics have come.
13
artículo
The last 30 years have been a really exceptional time for international arbitration. The author resembles international arbitration with the SevenKingdoms of “Game of Thrones” where everything went right under the umbrella of the New York Convention.Gary Born states: “Winter is Coming” for international arbitration. The arbitration community should be prepared to defend itself from a metaphorical “armyof undead” who could demand more government control of the arbitration process in the future. In that regard, the author states that instead of beinghunted in defending arbitration, we ought to hunt a little bit. The time to stop fending off attacks and start going on the offensive against arbitration’s critics have come.
14
artículo
Publicado 2023
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Rosewood (Aniba rosaeodora) is one of the most commercially valuable Amazonian tree species due to the extraction of its essential oil. Its trade is regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Historically, it has been threatened by commercial overexploitation to meet the demands of cosmetic markets, mainly in Europe. This research aims to gather primary information on the population of rosewood in areas with known exploitation in Peru, estimating its density and determining its population structure. Data from 111 hectares were analyzed, divided into three sample strips of 1 hectare each (1000 x 10 m), spaced 350 m apart, and randomly distributed in areas with a probable species distribution (>75% probability of occurrence). The densities found were 0.524 individuals per hectare and 0.547 individuals per hectare in Loreto a...
15
artículo
Publicado 2017
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Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.
16
artículo
Publicado 2017
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Is the choice of the arbitral seat still an important decision in international arbitration? Should arbitral awards be subject to greater judicial scrutiny? Should the appeal be in international arbitration? Is it possible that an annulled arbitral award is recognized under the New York Convention? Should the New York Convention be amended to achieve CNY 2.0? Is investment arbitration a system that works? Are the criticisms of investment arbitration valid? In this interview, Gary Born responds to each of these questions by addressing many controversial current issues in international arbitration.
17
artículo
Publicado 2015
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This paper analyzes the role of China in the current world situation and its position in the global economy. It also describes China’s foreign policy, and its participation in the international forums. The characteristics of the bilateral trade relationship with Peru are examined, and the investments from China are discussed, including the key sectors that involves and itsimplications in national economy.
18
artículo
Publicado 2015
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This paper analyzes the role of China in the current world situation and its position in the global economy. It also describes China’s foreign policy, and its participation in the international forums. The characteristics of the bilateral trade relationship with Peru are examined, and the investments from China are discussed, including the key sectors that involves and itsimplications in national economy.
19
artículo
Publicado 2016
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This article offers an academic and practical overview for the drafting of international arbitration clauses, from an international Latin American approach and with special emphasis on the energy and construction industries.The authors begin by analyzing the elements of the existence of the arbitral clause and putting forward certain fundamental and general cautionary notes. Then they go on to analyze key elements to include in an arbitral clause, the elements which inclusion is recommended, the elements that might be convenient to include, and others that is best to leave out. The article ends with a conclusion regarding the mindset that parties should have when drafting arbitration clauses.
20
artículo
Publicado 2016
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This article offers an academic and practical overview for the drafting of international arbitration clauses, from an international Latin American approach and with special emphasis on the energy and construction industries.The authors begin by analyzing the elements of the existence of the arbitral clause and putting forward certain fundamental and general cautionary notes. Then they go on to analyze key elements to include in an arbitral clause, the elements which inclusion is recommended, the elements that might be convenient to include, and others that is best to leave out. The article ends with a conclusion regarding the mindset that parties should have when drafting arbitration clauses.
