Fernando Gabuardi received an award for innovación and development of new products

Fri, 5 Feb 2010 13:23:32 -0600

Today, Helvex (www.helvex.com.mx), delivered a special award for innovation and development of new products for fauces and bath accessories.

This award was delivered within the context of agreement of cooperation signed between Monterrey Tech and this prestigious company to promote product innovation and design among Industrial Design students

Fernado Gabuardi was the leader of the three-student team that received the first prize of this competition. Fernando was invited to address the principals of Helvex and Monterrey Tech to explain the features and relevan innovations incorporated into the products designed by his team.

The award recognized that such products not only provided functionality, elegance and confort, but also were designed to use digital technologies for rationalizing the use of water.

President Bustani congratulated this initiative, invited students to continue participating in this kind of projects and thanked Helvex for the trust and confidence given to Monterrey Tech’s students and faculty.

All comments and suggestions are welcome: blog@gabuardi.

The Supreme Court of Puerto Rico quotes Dr. Carlos A. Gabuardi

Sun, 31 Jan 2010 13:49:30 -0600

On October 2009 the Supreme Court of Puerto Rico made a significant landmark decision acknowledging the importance of incorporating into the jurisdiction of this country the doctrine of forum non conveniens in the resolution of international disputes.

Dr. Carlos A. Gabuardi’s article “Entre la jurisdicción, la competencia y el forum non conveniens” is quoted twice in the opinion published by the Puerto Rican court. This article, “Entre la jurisdicción, la competencia y el forum non (“Among jurisdiction, competencia and forum non conveniens”), was published in the Boletín Mexicano de Derecho Comparado of the Mexican Institute of Legal Research (Instituto de Investigaciones Jurídicas) of the Mexico’s National University.

However, the influence of Dr. Gabuardi’s article transcends the verbatim quotations made by the Supreme Court of Puerto Rico, as it may be inferred from the thematic content of the issue at stake, the scholarly work cited and the parallelism between the line of arguments in the article and the own line of reasoning expressed by the Puerto Rican Court.

This judicial precedent is not only a breaking point in the Puerto Rican, but it also shows the importance of Comparative Law in resolving in international matters in the age of globalization, when clashing of legal traditions from all countries around the world are constantly interacting with each other.

The doctrine of forum non conveniens responds to the need better serving justice in the courts of law by incorporating into judicial decisions the analysis and assessment of considerations of pragmatic convenience.

Dr. Gabuardi’s article is written in Spanish and it may be found in http://www.opendrive.com/files/6049920_N7ftH_5645/BMD000012103.pdf, the opinion of the Supreme Court of Puerto Rico is also written in Spanish and it may be found in http://www.opendrive.com/files/6049915_KAaxi_f57c/Ramírez%20Sainz%20v.%20Cabanillas,%202009%20TSPR%20151.pdf

Arbitral Certification

Fri, 29 Jan 2010 12:09:05 -0600

On January 28, the State Center for Alternative Methods for Dispute Resolution of the Judicial Branch of the State of Nuevo Leon provided me with the documents of accreditation as a Certified Arbitrator.

Under the Nuevo Leon Statute on Alternative Methods for Dispute Resolution, to get this certification I was required to demonstrate a solid academic education in the field of Commercial Arbitration, as well as successfully approving two exams. One of theoretical content and the other of practical content which in this particular case consisted in making a draft proposal for an arbitration award in a controversy on international sale of goods.

Arbitration procedures impose a great responsibility in the arbitrators, as well as a unique opportunity in providing access to justice, making a reality the fundamental right for prompt and expeditious justice.

The basis for an arbitration as a means for dispute resolution is an arbitration clause or an arbitration agreement through which the parties to a agree to submit their dispute to the jurisdiction of this kind of procedure appointing a sole arbitrator or an arbitration tribunal.

Arbitral decisions, known as Arbitral Awards, have the authority of a judicial judgment deciding the points in dispute and, under the signature of the arbitrators, they may be enforced in a court of law just like any other judicial judgment. Generally speaking, Arbitral Awards are not appealable and there are a very limited number of cause to successfully challenge them.

Arbitration procedures also assure the parties that the merits of their dispute will be actually heard, avoiding procedural question that not infrequently distort the true content of the actual dispute. Likewise, arbitration procedures allow the parties to choose specialized arbitrators familiar with the nature of the issues under controversy.

All comments and opinions are welcome: blog@gabuardi.org