American Arbitration Association

Formulas for resolving the conflict if, despite the preventive measures outlined, a conflict arises, it is recommended to carry out the following measures: 1.-go to a body of international mediation. It is submit the resolution of the dispute to the decision of a third party neutral, independent and specialized in the matter. 85% Of the questions that are submitted to conciliation or mediation are resolved successfully. This method is characterized by its speed and flexibility, as well as because it can be assumed a lower economic cost than other routes. It requires that the parties submit voluntarily and their decisions are not binding. There are multiple mediation agencies. The majority of international arbitration organizations also have a mediation service.

For certain matters there are specialized agencies for industrial property matters, which should be emphasized the role of the service (www.wipo.org) WIPO mediation. 2. International arbitration. In the event is unable to resolve the question through conciliation is recommended submission to arbitration. As conciliation, a method it is faster and more flexible than the ordinary jurisdiction. Its members generally have greater specialization and experience in matters of international trade.

Unlike the decision of the mediator, the arbitral award has the same effects as the judicial resolution, although judicial intervention is required for its execution. However, even his execution can sometimes raise more advantages than a judgment rendered by ordinary courts, since there are more countries that have ratified the main conventions for the recognition and enforcement of arbitral decisions (June 10, 1958 New York Convention and the Geneva Convention of 21 April 1961) that those who have signed agreements for the recognition and enforcement of foreign judgments.

The main international arbitral tribunals are the International Court of the Chamber of international trade, the International Center for Settlement of Investment Disputes, the American Arbitration Association, the London Court of International Arbitration and in Spain the Arbitration Court of Madrid and Barcelona. 3. In the absence of agreement between the parties to refer the matter to arbitration and on the assumption that is a matter that is not provided for in the contract, remains the alternative of going to the ordinary courts. In principle, the most interesting forum is that of the domicile of the counter party or where it has sites assets, in order to facilitate the execution of the sentence. It has however previously attend existing norms on international law in order to verify that the Court that are interested can be competent. Conclusion as formulas to prevent disputes we recommend the elaboration of a full agreement that contemplate possible contingencies of the commercial transaction and the assurance of using it guarantees or insurance policies. In that contract, it is advisable to include a clause of submission to a specific body of mediation commercial and secondarily to an International Arbitral Tribunal. Also the rules applicable to this operation and possible dispute resolution must be regulated. Regardless of the above is recommended to try to ensure the implementation of a future award or judgment through the adoption of interim measures if these were possible in accordance with the applicable regulations.