“La determinación particular de las reglas de procedimiento en la justicia arbitral”

En el ordenamiento jurídico colombiano el arbitramento se caracteriza por su falta de flexibilidad, su apego a la forma procesal y por un acercamiento cada vez más acentuado y peligroso al procedimiento judicial, en contravía de la tendencia mundial que prepondera la expresión de la voluntad

The mutual agreement procedure and arbitration of double taxation disputes

It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions) of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals) and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

It will be succesful to have a commercial relation between France and Colombia focus on the milk sector ?

Globalization has led to a drastic change on the international trade, this has caused that many countries such as France and Colombia find new business partners. This is the raison because I develop the investigation about How these countries can be integrated commercially in the dairy sector? Colombia and France had active trade relations for more than 8 years, but this has been declining for several factors. In the case of France, it has found that Germany is an excellent producer of raw milk, which can supply domestic demand and can export large quantities with a low price to European countries because of its proximity. For this reason, Colombia is a country that can not compete with Germany directly in raw milk, but I concluded that Colombia could become a major competitor with organic milk. This is the result of a research of the way they raise and feed the cows in the two countries, Colombia is generally on open country and Germany is on cow housing. In Colombia, the country found that Venezuela could offer many benefits in the processing of raw milk, and other processes that require high technology. But today Colombia has had several disputes with Venezuela and many Colombian companies are affected in this sector. Additionally, France is one of the largest producers and distributors of processed milk and its derivatives; it launches annually many manufactured products with high technology. At this point, Colombia can take out the best advantage because it can create an strategic alliance with French companies to bring most innovative and processed products such as cheese and yoghurts. The theoretical framework of this thesis consists on the analysis of competitiveness, because it is relevant to see if these two countries are competitive or if one has the comparative advantage over the other. The related authors are: Michael Porter, Adam Smith and David Ricardo. To complete the theoretical part, we found that France has a comparative advantage over Colombia in this sector thanks to its high technology, and Colombia is not currently competitive in the area of raw milk because the milk price is higher and the distance is a barrier, and it has no technology. But this research indicates that Colombia could become a competitive country selling organic milk.

Alternatives to Reparations in International Investment Arbitration– A Debate Between Theory and Practice

An analysis of the alternatives of compensation in relation to international investment disputes is relevant, because a pecuniary award is not always the appropriate remedy to solve disputes arising between investors and States. This is the case because States may be increasingly interested in opting for a different type of compensation. Furthermore, it is still not clear whether arbitral tribunals have recognised alternative types of awarding damages in respect of international investments disputes. This analysis comprises two principal components, the first, is to identify whether or not the tribunals may render an award that not only demands the payment of a sum of money but also considers some other means of compensation. The second, centres on how compliance with these non-pecuniary awards may be demanded. Our approach to these two principal components will always revolve around the idea of respecting the sovereignty of the State, bearing in mind that the execution of an arbitral award, which obliges the State to refrain from or to perform an act in its territory, relies precisely on the sovereignty of the State to execute it. 

Identifying job skills in commercial advisors in a health insurance company

The aim of this research was to identify the criticalcompetence of success of the commercial adviserin a company providing insurance and health services.For this research a sample of 34 commercialadvisers. The sample was divided into four groups(two per product and two per criterion of success).Systematic fi eld observations, interviews of criticalincidents, application of response tests and salesworkshops were used to evaluate the differentialcompetences that the successful advisers wereshowing in relation to the advisers de fi ned as average.The success criteria were based on the generatedcommission performance over the 10 months. Allin all, signi fi cant differences were found betweenthe “successful” and “average” groups. Furthermore,competences that correlate positively with atop sales performance were observed and competencesthat have major level of discrimination betweenthe “successful” and “average” groups wereestablished. Orientation to achievement, planningand management, information search, commercialaggressiveness and strategic vision are the competencesthat were considered to be key in the topperformance of a sales agent or commercial adviser.Additionally, the results in the response testswere analyzed in the four study groups, withoutobserving signi fi cant differences between them,which supports the theoretical framework of thepresent study.