Bibliographic citations
Vega, A., (2019). El arbitraje en la legislación peruana como mecanismo de solución de conflictos, en el distrito judicial de Lima Centro, año 2018 [Tesis, Universidad Peruana de Ciencias e Informática]. http://repositorio.upci.edu.pe/handle/upci/63
Vega, A., El arbitraje en la legislación peruana como mecanismo de solución de conflictos, en el distrito judicial de Lima Centro, año 2018 [Tesis]. : Universidad Peruana de Ciencias e Informática; 2019. http://repositorio.upci.edu.pe/handle/upci/63
@misc{renati/772808,
title = "El arbitraje en la legislación peruana como mecanismo de solución de conflictos, en el distrito judicial de Lima Centro, año 2018",
author = "Vega Escobedo, Alberto",
publisher = "Universidad Peruana de Ciencias e Informática",
year = "2019"
}
At present, the arbitration has taken a significant boom in the legal and economic reality of our Country, particularly in the resolution of conflicts, from the date of Legislative Decree No. 1071 - Peruvian Arbitration Law of 28 June 2008, making the party that lost the arbitration in some situations try to reverse the adverse results, appealing to all the means offered by the law, including constitutional protection. According to the opinion of renowned jurists, the arbitration has a marked coincidence with the judicial process, which is: the conflict. For this reason, although they constitute different realities (arbitration and judicial process) they are developed in different planes and with respect to different purposes, they are always oriented towards a common goal: to give a peaceful solution to the conflicts under the same procedural scheme. The Political Constitution of Peru in current force adopted the jurisdictional theory of arbitration; For this reason, our Constitutional Court currently develops the relationship between arbitration award and amparo applying this theory. Either way, arbitration is presented as a reality. And it will be even more so to the extent that the administration of justice of the State follows the path of that Nation-State that is prostrated today. So the real facts must be studied to be understood. This constitutes the true purpose of the Arbitration. The Private Trial: That is, the true reform of justice. It is in this vision of the future, that I intend to inquire if the arbitration is going to grow, will be perfected and what are the actions that should be carried out, if it is considered to be an effective form of conflict resolution. The present investigation called “Arbitration in Peruvian Legislation as a mechanism for Conflict Resolution, in the Judicial District of Lima Centro, year 2018”, proposed as a purpose, to determine the degree of influence that the application of Arbitration exerts in the resolution of conflicts , based on the study of the inconveniences that arise to make the arbitration award effective, and consequently arbitration as an alternative dispute resolution mechanism. In order to test the objective and verify the hypothesis, the study was validated with the opinion of experts consulted. The study was programmed as a quantitative approach, of an application type, descriptive level - explanatory and non-experimental design - transectional, since its aspects are theorized, based on legal devices, although its scope will be practical depending on its application. The statistical software used for data processing was the SPSS Version 23. Sample checks were carried out with a population size of 26 Arbitration Centers in the Judicial District of Lima Centro, to which the inclusion and exclusion criteria were applied, obtaining An Analysis Unit consisting of 3 Arbitration Centers. A sample of 12 people working in the chosen Centers was taken from this Analysis Unit. 95% confidence level, 50% population proportion value and statistical inference error limit was executed using the Pearson (r) correlation test, bivariate, significance level p-value (p) of 0.05. Likewise, it was possible to calculate the correlation of variables and their respective covariance, obtaining a r of 94.5%. In addition to obtaining real information, techniques such as the survey, interviews and observation made to the personnel of these centers were used. With the research compiled, an analysis was carried out, which helped to establish the degree of impact that the application of Arbitration has in conflict resolution.
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