Commercial Arbitration

As I was going through latest news in the world of Commercial Law, I came across this interesting piece of information. I hope you guys will find it interesting.

Arbitration is a system to resolve conflicts; it is an alternative of the judicial system. Both parties voluntarily are agreed to put forward their conflict to a third party (arbitrator), who will decide the out come of the conflict.

In Spain, the law which regulates this field is (Ley 60/2003 de arbitraje). The judgment is issued through (Laudo Arbitral), this instrument declares the end of the proceedings and in addition this resolution has the same value as if the judgment issued by a Judge. The proceedings are beneficial for the both parties, because a decision has been made by the arbitrator it cannot be appealed and is also automatically enforceable. Fundamentally, this proceeding derives from a contract; the contract establishes the conditions of the proceedings.

The celerity of the proceedings, the deadline of the resolution will be six months from the start of the proceedings. The costs of the proceedings are reduced considerably in comparison of the judicial system. The proceedings are very effective in resolving the conflict given that the Laudo will be enforceable for both parties and can not be appealed. The proceedings are confidential which makes a difference to the courts system which are published. Finally, the Laudo can come to decisions which a court would not have the power to decide.

In order to get an efficient arbitration, it is convenient to study analyse each case to ensure the case is concrete. The contract which regulates the proceedings must be drafted carefully to avoid negative consequences once the laudo has been issued by the arbitrator.

We can distinguish four different classes of arbitration.

Institutional arbitration, the proceeding is run by public administration and the arbitration is comprised of a society legality constituted. 

Arbitration of law (Arbitraje de Derecho) this is addressed by the Lawyer.

Equality (Arbitraje de Equidad) in this case it is not necessary to appoint a Lawyer.

Ad hoc Arbitration (Arbitraje ad hoc), in this case, the proceeding are run by an independent party who has been appointed by both parties through an initial agreement.

I consider this a good solution to settling a conflict, because the parties can set out the conditions of the proceedings in advance and also the periods of the proceedings are reduced considerably.

Find more on Commercial Arbitration via the link below:
http://www.wisegeek.com/what-is-commercial-arbitration.htm

NOT A GAME- A documentary about Child Labour in LAtin America

http://video.google.com/videoplay?docid=-319410061911795065#docid=7480117350375557019

Hard facts about Child Labour In America

In most cases, the conditions of the work environment supplied for children is unbelievable. The area in which they work are not properly accommodated for even the healthiest adult, better yet a child. They are often forced to perform work in unbearable conditions.

The most common form of industrial child abuse is putting a child to work in an unbearable working condition. These conditions often include limited or no air conditioning causing the children to have to work in the heat. This can often lead to illness or even death if the child is overheated. Child labour in America is rarely involved in such factories but is not unheard of.

The exhaustion of working in unbearable conditions leads to unnecessary illnesses or deaths among innocent children. Not only do most institutions enabling child labour unable to provide air conditioning, but they are also usually very unsanitary. The proper cleaning or caring for the work environment in which the children are placed is minor. Children forced to work in such conditions often acquire serious illnesses “if” they even survive.
It is a sad but all too real reality that must be faced by people today. Although the law tries to do what is needed to prevent such child labour from happening, it is impossible to enforce the laws upon everyone.
Fortunately, child labour in America is strongly prohibited (these are facts from this article,[1] but I doubt it). Child labour laws are enforced at the utmost severity and only children within the age limit are allowed to work. However, many countries around the world are not as prominent when it comes to the prevention of child labour.

Especially in locations with vast poverty, there is limited or no laws regarding whether or not there should be a limit on the age a child is allowed to work. These areas are in desperate need of workers, and resort to the unthinkable. Forcing children to work is a criminal act that is atrocious in the minds of many people.

There is no real way to prevent child labour in America completely, just like its laws cannot be enforced for child labour in India or many other countries. The best way to prevent it is to educate people about the risks or allowing child labour. Child labour in America is strongly prohibited (I am quite sceptic about this statement based on the reports[2] I have come across) thanks to child labour laws, but the only way to prevent it is to understand it.

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[1] Susana Adame, ‘The Scandal of Child Labour in US farming’ <http://www.guardian.co.uk/commentisfree/libertycentral/2010/may/31/children-farm-jobs-immigrants>accessed 2 November 2010

[2] Marijke Peters, ‘Child Labour in US: dangerous double-standard’ <http://www.rnw.nl/english/article/child-labour-us-dangerous-double-standardaccessed> accessed 2 November 2010

Facts About Child Labour In America

Child labour is a widely controversial and complicated topic. There are certain laws that prevent a child from working if he or she is of a certain age. This limit is designed for the safety and welfare of the child along with the productivity of the companies in which children attempt to work for. The discussion of child labour in America can also have dealings with the rights of children. Should a child be allowed to work and be paid as an adult would? Many people strongly believe that children should not be allowed to. However, in many countries, children are forced to work illegally.

Throughout the world there are many companies that illegally use children for work, but child labour in America is protected by these laws. Child labour laws are enforced to protect the well being of children and to prevent them from being used and taken advantage of. There are many circumstances that often give children no other choice than to work. The question is, why? Many people use children for labour work to take advantage of the innocence all children have. They are often easily scammed and forced to do work without receiving minium wage or the money that is deserved. The sad thing is, many of these companies actually get away with exploiting the rights of children, especially without the laws enforced on child labor in America.

Although there are several child labour laws designed to protect children, I think that is nearly impossible to prevent child labour completely. Child labour in America, although prohibited is still evident in many locations. There will always be a place where children are forced to work either by consent of their parents or ignorance on their part.

I will be posting more on child labour in America and all around the world in the next few days.
Hope you guys find it interesting.
Stay tuned :)

Faces of Lost Youth in America

This girl is 9 years old. She can't read. Doesn't know her A,B,C's. She says, "Yes I want to learn but can't when I work all the time." She has been in the mills since 4 years!!!