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international procedure » international providers (Expander búsqueda), international precedents (Expander búsqueda), operational procedures (Expander búsqueda)
1
artículo
The complexity of construction disputes commands special attention and constant innovation. Fortunately, arbitration is well-equipped to meet the challenges of such disputes, due to its flexibility and adaptability. This paper discusses three areas of innovation in evidence procedure unique to construction disputes: institutional, technological and procedural. Due consideration is also given to the virtual hearing, an innovation which has proven critical to the survival of arbitration amidst the COVID-19 pandemic. Technology, while valuable, will not improve the efficiency of arbitration alone: it must be used in conjunction with procedural innovations. The implementation of procedural, technological and institutional advancements by a proactive tribunal and open-minded parties can create boundless innovation and provide maximum value for all involved.
2
artículo
The complexity of construction disputes commands special attention and constant innovation. Fortunately, arbitration is well-equipped to meet the challenges of such disputes, due to its flexibility and adaptability. This paper discusses three areas of innovation in evidence procedure unique to construction disputes: institutional, technological and procedural. Due consideration is also given to the virtual hearing, an innovation which has proven critical to the survival of arbitration amidst the COVID-19 pandemic. Technology, while valuable, will not improve the efficiency of arbitration alone: it must be used in conjunction with procedural innovations. The implementation of procedural, technological and institutional advancements by a proactive tribunal and open-minded parties can create boundless innovation and provide maximum value for all involved.
3
artículo
Publicado 2022
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This article explores some theoretical and procedural aspects of the Norwegian mediation in the Venezuelan internal crisis. Likewise, it tries to demonstrate that it is not a mediation of 2019 and another of 2021, but that it consists of a single mediation with a suspension, an interruption and a resumption. This mediation (legal term) or facilitation (political term) has been carried out to date, based in Mexico and with the Netherlands and Russia as accompanying countries.
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artículo
Publicado 2011
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The International Criminal Court (ICC) and the United Nations (UN) are independent international institutions with overlapping interests in the field of international peace and security. The ICC and the UN have a mutually cooperative yet independently functioning relationship, even though the ICC was originally conceived as a judicial body closely related to the UN and working in association with the UN Security Council. The interrelationship between the ICC and the Security Council was an issue of rigorous debate in the negotiation processes and preparatory commission of the ICC Statute. The travaux préparatoires of the ICC Statute show that the drafters acknowledged the primary role of the Security Council in determining threats or breaches of the peace and acts of aggression. This is reflected in the ICC Statute where the Security Council maintains two distinct powers in the function...
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artículo
Publicado 2017
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The figure of international arbitration is briefly defined as a method of conflict resolution in the international level, alternative to the Administration of Justice, emphasizing its neutrality, speed and confidentiality.This article shows the new challenges faced by arbitrators, in terms of choice, length of process and efficiency in decision making. In addition, it proposes nine solutions to improve arbitration performance and abbreviate the process of taking decisions.
8
artículo
Publicado 2017
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The figure of international arbitration is briefly defined as a method of conflict resolution in the international level, alternative to the Administration of Justice, emphasizing its neutrality, speed and confidentiality.This article shows the new challenges faced by arbitrators, in terms of choice, length of process and efficiency in decision making. In addition, it proposes nine solutions to improve arbitration performance and abbreviate the process of taking decisions.
9
artículo
Publicado 2017
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The commercial operations of the modern world are complex and often present a series of equally sophisticated disputes. The old contractual models and their remedies are not sufficient to cover the current dynamics, this is the case of related operations that require efficient tools for their solution.In this context, the author develops a series of techniques or mechanisms for the efficient and effective solution of the identified problems, consolidation and suspension. It proposes that these mechanisms respond to the contractual mechanics of the current trade, which involves a series of intricate and related relationships, grouping in a single process the solution of the controversy.Likewise, the advantages and elements required by these mechanisms to operate will be analyzed.
10
artículo
Publicado 2017
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The commercial operations of the modern world are complex and often present a series of equally sophisticated disputes. The old contractual models and their remedies are not sufficient to cover the current dynamics, this is the case of related operations that require efficient tools for their solution.In this context, the author develops a series of techniques or mechanisms for the efficient and effective solution of the identified problems, consolidation and suspension. It proposes that these mechanisms respond to the contractual mechanics of the current trade, which involves a series of intricate and related relationships, grouping in a single process the solution of the controversy.Likewise, the advantages and elements required by these mechanisms to operate will be analyzed.
11
artículo
Publicado 2023
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Objective. The objective of the study was to determine the relationship between internal control and the execution of works by direct administration in the District Municipality of Santa María del Valle, Huanuco, 2019. Methods. For it, a census sample composed of a total of 20 municipal collaborators was used. The research methodology used was applied, with a quantitative approach and a correlational descriptive level. A non-experimental and cross-sectional design was used. To obtain information from the population, the survey and questionnaire were used as a technique and instrument, respectively. The questionnaire was validated through experts judgment and demonstrated high reliability with a Cronbach alpha coefficient of 0.92. Results. The main result of the study revealed that there is a direct and significant relationship between internal control and the execution of works by direc...
12
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...
13
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...
14
artículo
Publicado 2022
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This scientific paper analyzes how reasonable adjustments should be applied in a criminal procedure against defendants with cognitive intellectual disabilities in order to respect their right to due process.
15
artículo
Publicado 2022
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This scientific paper analyzes how reasonable adjustments should be applied in a criminal procedure against defendants with cognitive intellectual disabilities in order to respect their right to due process.
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artículo
Publicado 2020
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The Prague Rules are intended to provide efficiency and reduce costs in conducting arbitration proceedings. The Rules are based on the position that the practice and procedure of international arbitration is too heavily influenced by the adversarial system found in common law jurisdictions, and that the inquisitorial judicial practices of civil law jurisdictions are more conducive to a “streamlined procedure”. In this paper, the authors first consider whether this predicate is accurate and fair. Are adversarial practices the source of inefficiency in international arbitration, or can the reasons be found elsewhere? Next, they compare certain features of the Prague Rules to the IBA Rules on the Taking of Evidence, and examine how both sets of rules differ in substance. Moreover, they address the criticisms that the Prague Rules may pose yet another case of useless rule-making. In fact...
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artículo
Publicado 2020
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The Prague Rules are intended to provide efficiency and reduce costs in conducting arbitration proceedings. The Rules are based on the position that the practice and procedure of international arbitration is too heavily influenced by the adversarial system found in common law jurisdictions, and that the inquisitorial judicial practices of civil law jurisdictions are more conducive to a “streamlined procedure”. In this paper, the authors first consider whether this predicate is accurate and fair. Are adversarial practices the source of inefficiency in international arbitration, or can the reasons be found elsewhere? Next, they compare certain features of the Prague Rules to the IBA Rules on the Taking of Evidence, and examine how both sets of rules differ in substance. Moreover, they address the criticisms that the Prague Rules may pose yet another case of useless rule-making. In fact...
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artículo
Publicado 2009
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In recent years, there has been a revaluation of International Labor Law and, as a result, it has been strengthened with labor human rights. In this line, this study aims to address this issue from the horizon of international law. The author has divided the analysis in five large parts. In the first section a concept is proposed for this select group of basic labor rights, just as they are running the arguments that justify their legal recognition in the instruments international human rights The second section addresses the identification of labor rights with social rights, as a way to devalue their legal relevance. This is an analysis that refutes the questions that question the location of social rights within the list of human rights. In the third section the singularities of labor human rights are highlighted, which makes it difficult to subject them to the classic division between...
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artículo
Publicado 2009
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In recent years, there has been a revaluation of International Labor Law and, as a result, it has been strengthened with labor human rights. In this line, this study aims to address this issue from the horizon of international law. The author has divided the analysis in five large parts. In the first section a concept is proposed for this select group of basic labor rights, just as they are running the arguments that justify their legal recognition in the instruments international human rights The second section addresses the identification of labor rights with social rights, as a way to devalue their legal relevance. This is an analysis that refutes the questions that question the location of social rights within the list of human rights. In the third section the singularities of labor human rights are highlighted, which makes it difficult to subject them to the classic division between...
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artículo
Publicado 2024
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This paper comprises, in general terms, the content of the Convention on the international recovery of child support and other forms of family maintenance of 2007. It approaches the topic from a doctrinal perspective, international regulations and Nicaraguan domestic law, and emphasizes the purposes pursued by the Convention on this sensitive human right; the petitions available to creditors and debtors; and, the role of the Central Authorities in charge of the Convention’s enforcement, their functions and procedures to follow, in order to enable the feeding right of children, adolescents, and other family members. This work makes it possible to visualize the opportunity that the aforementioned legal instrument between contracting States offers, that the State of Nicaragua is part of, for the realization of the right to food for family members, which makes it necessary to properly know...
