"La responsabilidad de los centros de arbitraje y mediación en el ejercicio de sus funciones"
Within the Arbitration and Mediation Law and regulations of the centers operating all types of obligations thereof they are included. Among these they are have administrative and technical resources necessary for the conduct of arbitrations elements, archive awards and acts of mediation for consulta...
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| Médium: | bachelorThesis |
| Jazyk: | spa |
| Vydáno: |
2017
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| Témata: | |
| On-line přístup: | http://repositorio.uteq.edu.ec/handle/43000/5555 |
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| Shrnutí: | Within the Arbitration and Mediation Law and regulations of the centers operating all types of obligations thereof they are included. Among these they are have administrative and technical resources necessary for the conduct of arbitrations elements, archive awards and acts of mediation for consultation and the issuance of certified copies, and also charge fees of arbitrators and establish rates or methods for calculation. These are the characteristics of the centers functions: to provide support for the normal conduct of arbitration. Similarly, the administration of justice is a public service that is provided in accordance with the principles established in the Constitution and the law. Consequently, the State is responsible in cases of miscarriage of justice, arbitrary detention, unwarranted delay or improper administration of justice, violation of the right to effective judicial protection, and violations of the principles and rules of due process. When a conviction is amended or revoked, under judicial review, the State will repair to the person who has suffered punishment as a result of such conviction and declared responsibility for such acts of servants or public administrative or judicial servers, he repeated against them in the manner described in this Code. All servers servants and the judiciary, whatever their denomination, function, work or degree as well as other justice, apply the principle of due diligence processes responsible. They will be administratively, civilly and criminally responsible for their actions or omissions in the performance of their duties, as the case prescribed in the Constitution, laws and regulations. The judges will be responsible for the damage caused to the parties by undue delay, negligence, denial of justice or violation of law, in accordance with the provisions of the Constitution and the law. In our legal system it has ruled that judges and referees are providers of a public service. When it is believed that damage happens and a solution is sought, normally attends a mediation and arbitration, which typically involve institutions of recognized experience and prestige, whose purpose is to serve as professional and non-profit parties litigants, offering not only a list or list of specialized referees, but also the rules appropriate to the type of business involved in any litigation, adapted - by the experience gained over time - to the needs that arise in the settlement of disputes between the contracting parties. Keywords: Contractual parties, Contractual liability, Mediation, Arbitration |
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