International commercial arbitration : the mexican case

The Mexican situation before the international commercial arbitratio

ADR AT THE INTERNATIONAL OIL & GAS INDUSTRY, THE PEMEX CASE. (A legal and socio-legal analysis)

This thesis deals with two subject matters: the petroleum industry, also known as Oil & Gas industry, and the Alternative Dispute Resolution Methods, well known for its acronym \u201cADR\u201d. The problem which is the object of this research is indeed: the necessity to adapt the ADR mechanisms to the actual situation of the Oil & Gas industry in Mexico, considering not only the legal development but also the cultural, social, legal and political barriers that, in some extend, are blocking the use of such an extraordinary way to settle disputes. The research is focused on the case of Petr\uf3leos Mexicanos (PEMEX) which is the Mexican Oil & Gas Company, with a major impact at the international Oil & Gas market. PEMEX is the biggest enterprise in Mexico and Latin America and the highest fiscal contributor to the country. It is one of the few oil companies in the world that develops all the productive chain of the industry, upstream, downstream and final product commercialization. With headquarters in Mexico City, PEMEX is the sole supplier of all commercial gasoline (petrol/diesel) stations in Mexico. This research was thought to deal with legal and socio-legal aspects. The socio-legal science is hardly considered when resolving an international Oil & Gas dispute. Aspects such as: legal culture; human rights; the real justification of the ADR used; the contextualization of the case; the deep analysis of the leading cases; the economic, social and political repercussion of the award, not only for the country but also for the individual unconnected to the dispute; the role of the arbitrator and mediator as the decision-maker; and the perspectives of international Oil & Gas arbitrations and mediations, are some aspects highly recommended to be considered by the ADR participants in an Oil & Gas dispute. This research represents an opportunity to go deeper, in different extends, on the analysis of some of the before mentioned aspects. PEMEX has shown, throughout history, to be a company which disputes were only resolved by national courts and since a pair of decades ago ADR have been lightly considered. Recent history has also shown that PEMEX faces socio-legal obstacles that have prevented it from developing such an advisable industry of the ADR. The previous statements have been the base and justification for the research herein developed, having the target to detect such obstacles to be able to propose some legal and practical solutions to overcome the problem, improving the usage of ADR when resolving PEMEX disputes. The case-law analyzed in this research has served to determine precedents, as well as to set up statistics as for the type of contracts from which the dispute arose, nationality of the parties, the lawyers, the mediators and arbitrators, the amount of the dispute and finally the direction of the award or mediators opinion

Study of interfacial stiffness ratio of a rough surface in contact using a spring model

This study proposes the use of a simple spring model that relates the interfacial stiffness with the complex reflection coefficient of ultrasound in a rough contact. The spring model cannot be directly related to the real area of contact as this depends on the amount, shape and distribution of contacting asperities. However, it is clear that the model provides a non-destructive tool to easily evaluate both longitudinal and shear interfacial stiffnesses and their ratio. Experimental findings indicate that the interfacial stiffness ratio K-tau/K-sigma determined during loading/unloading cycles is sensitive to the roughness level and load hysteresis. The results deviate from the theoretical available micromechanical models, indicating that actual contacting phenomenon is more complex and other variables needed are not accounted for by the models. (C) 2009 Elsevier B.V. All rights reserved

Using Factorial Design Methodology to Assess PLA-g-Ma and Henequen Microfibrillated Cellulose Content on the Mechanical Properties of Poly(lactic acid) Composites

In this work, a 22 factorial design was used to study the effect of microfibrillated henequen cellulose fibers (HENCEL) and PLA-g-MA coupling agent contents on the tensile, flexural, and impact mechanical properties and the heat deflection temperature (HDT) of biodegradable PLA composites. The results show that the principal effects of HENCEL and MA are statistically significant for the tensile, flexural, HDT, and impact strength properties of PLA composites. Regarding the interactions between the principle effects, MA-HENCEL, there are differences with respect to the mechanical property; for example, for tensile and flexural mechanical properties, there is a synergistic effect between MA and HENCEL, whereas for HDT and impact strength there is not any. The micromechanical analysis shows an excellent agreement between the measured and the estimated values for both the composite tensile strength and the elastic modulus and only slight deviations were noticed for high microfibrillated cellulose fibers content. The morphological analysis via SEM indicated that the addition of PLA-g-MA improved the fiber-matrix adhesion because of the HENCEL unbounding and pull-out decreases from the PLA matrix. The use of appropriate values of matrix strength and stiffness and considering the improved fiber-matrix adhesion of the coupling agent yield a good agreement between experimental and estimated values

ACE I/D (Rs1799752), MTHFR C677T (Rs1801133), and CCR5 D32 (Rs333) Genes and their Association with Hypertension and Diabetic Nephropathy in Urban Areas of Costa Rica, Nicaragua, and Mexico

Aim: Type 2 diabetes mellitus (T2DM) is a procoagulant state because it is associated with increased risk of atherosclerosis. The purpose of this study was to investigate the prevalence in thrombotic markers that lead to hypercoagulability and its association with hypertension and diabetic nephropathy (DN)

Mechanical Properties of Polyurethane Foam Reinforced with Natural Henequen Fibre

Polymeric foams are used in many applications, from packaging to structural applications. While polymeric foams have good mechanical performance in compression, they are brittle in tension and bending; fibre reinforcement can enhance their tension and flexural behaviour. This work reports a novel investigation of the mechanical properties of fibre-reinforced polyurethane (FRPU) foams with natural henequen fibres. Pull-out tests were performed with 10 mm fibres and various foam densities to identify the optimal density of 100 kg/m3. Thus, FRPU foams with this density and fibre contents of 1, 2 and 3 wt% were manufactured for mechanical testing. Compression tests showed an increase in the elastic modulus of the FRPU foam specimens compared to the unreinforced PU foam. The FRPU foams also exhibited higher yield stress, which was attributed to the reinforcing effect of the fibres on the cell walls. A maximum increase of 71% in the compressive yield stress was observed for the FRPU foam specimens with a fibre content of 2%. In addition, FRPU foam specimens absorbed more energy for any given strain than the unreinforced PU foam. Flexural tests showed the FRPU foams exhibited increased flexural strength compared to the unreinforced PU foam. A maximum increase of 40% in the flexural strength was observed for the FRPU foam with a fibre content of 1%. The findings reported here are significant because they suggest that FRPU foams incorporating natural henequen fibre exhibit promising potential as sustainable materials with enhanced mechanical properties

Clinical Manifestations in Pregnant Women and Congenital Abnormalities in Fetus and Newborns during a Zika Transmission Period in South Mexico

Dengue, Chikungunya and Zika are arboviruses transmitted by Ae. aegypti with significant public health impact. In the first trimester of 2015, autochthonous Zika transmission was reported in Mexico. The state of Yucatan is an endemic region where pregnant women with acute infection and related congenital abnormalities in fetus and newborns were observed. We describe results from a cohort of pregnant women and their babies followed up in Yucatan during the first Zika transmission outbreak (2016–2018). Clinical manifestations of acute ZIKV infection, persistence of viral RNA in pregnant women, as well as congenital abnormalities were observed. In addition, we describe the phenotype of newborns from confirmed or suspected ZIKV prenatal infection

Evaluation of orange peel (Citrus sinensis) bioplastic through morphological and thermo-mechanical characteristics

Objective: To evaluate the morphological and thermo-mechanical properties of a biofilm obtained from orange peel. Design/methodology/approach: Pectin, a polysaccharide obtained from orange peel, has the potential to be used as a raw material in the bioplastics industry. The samples obtained were characterized by the Scanning Electron Microscopy (SEM) technique, mechanical tension and by thermogravimetric analysis (TGA). Results: The elastic modulus was in the range of 7.7 to 29.9 MPa, depending on the plasticizer content. The thermogravimetric analysis showed a thermal decomposition between 134.42 to 153.98 °C depending on the plasticizer content and up to five events were identified. Limitations of the study/implications: During the process, a pectin yield of 75% of orange peel was obtained. Findings/conclusions: In developing countries such as Mexico, waste originating from agricultural and agro-industrial activities represents an important source of natural carbohydrate polymers that can be used to produce bioplastics, intended to replace petroleum-derived materials. In the case of orange peel, it can become a potential raw material to obtain value-added products in sectors of the food industry. These results indicated that our pectin has suitable properties to be used as raw material for the manufacture of bioplastics.Objective: To evaluate the morphological and thermo-mechanical properties of a biofilm obtained from orange peel. Design/methodology/approach: Pectin, a polysaccharide obtained from orange peel, has the potential to be used as a raw material in the bioplastics industry. The samples obtained were characterized by the Scanning Electron Microscopy (SEM) technique, mechanical tension and by thermogravimetric analysis (TGA). Results: The elastic modulus was in the range of 7.7 to 29.9 MPa, depending on the plasticizer content. The thermogravimetric analysis showed a thermal decomposition between 134.42 to 153.98 °C depending on the plasticizer content and up to five events were identified. Limitations of the study/implications: During the process, a pectin yield of 75% of orange peel was obtained. Findings/conclusions: In developing countries such as Mexico, waste originating from agricultural and agro-industrial activities represents an important source of natural carbohydrate polymers that can be used to produce bioplastics, intended to replace petroleum-derived materials. In the case of orange peel, it can become a potential raw material to obtain value-added products in sectors of the food industry. These results indicated that our pectin has suitable properties to be used as raw material for the manufacture of bioplastic

Observation of flat and weakly dispersing bands in a van der Waals semiconductor Nb3Br8 with breathing kagome lattice

Niobium halides, Nb3X8 (X = Cl,Br,I), which are predicted two-dimensional magnets, have recently gotten attention due to their breathing kagome geometry. Here, we have studied the electronic structure of Nb3Br8 by using angle-resolved photoemission spectroscopy (ARPES) and first-principles calculations. ARPES results depict the presence of multiple flat and weakly dispersing bands. These bands are well explained by the theoretical calculations, which show they have Nb d character indicating their origination from the Nb atoms forming the breathing kagome plane. This van der Waals material can be easily thinned down via mechanical exfoliation to the ultrathin limit and such ultrathin samples are stable as depicted from the time-dependent Raman spectroscopy measurements at room temperature. These results demonstrate that Nb3Br8 is an excellent material not only for studying breathing kagome induced flat band physics and its connection with magnetism, but also for heterostructure fabrication for application purposes.Comment: 24 pages, 12 figures, Supplemental Material include