International Execution
– The documentary subscription of guarantees or credits with organizations of forward edge, as well as the subscription of the corresponding insurance policy. Formulas of solution of the conflict If, in spite of the exhibited measures of prevention, a conflict arises, are recommended to carry out the following measures: 1. – To go to an organism of international mediation. One is to put under the resolution of the controversy the neutral, independent one and specialized decision of a third in the matter.
85% of the questions that are put under conciliation or mediation solve successfully. This method characterizes by its rapidity and flexibility, as well as because it can suppose a smaller economic cost than other routes. It requires that the parts are put under voluntarily and their decisions are not binding. Multiple organisms of mediation exist. The majority of the By arbitration international organizations also counts on a service of mediation. For certain matters organisms specialized like for the subjects of industrial property exist, in which it is possible to emphasize the paper of the Service of Mediation of the WIPO (www.wipo.org). 2. – Arbitration the International.
In case it is not managed to solve the question by means of the conciliation recommends the submission to the arbitration. Like the conciliation, it is a faster and flexible method than the ordinary jurisdiction. Their members generally count on a greater specialization and experience in subjects of international trade. Unlike the decision of the mediator, the by arbitration award provides the same effects that the judicial resolution, although for its execution is needed the judicial intervention. However, its execution even can sometimes raise more advantages than a sentence dictated by the ordinary Courts, since there are more countries than they have ratified the main agreements for the recognition and execution of the by arbitration resolutions (of New York of 10 of 1958 Agreement and Agreement June of Geneva of 21 of April of 1961) that those that has subscribed Agreements for the recognition and execution of foreign judicial resolutions.
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