Model of the conflictual contextualizing dynamics of postgraduate training in international arbitration for legal advisors

Abstract

Introduction: This article presents the theoretical foundations of the model of the contextualizing conflict dynamics of postgraduate training in international arbitration for legal advisors from the perspective of the holistic-configurational approach, which is an expression of the essential relationships established between its configurations, from which the movements that give rise to new qualities for the transformation of the modeled object originate. The ability to recognize the principles and the applicable norm to the solution of conflicts before an international arbitration process in which a foreign element is present, in the legal relations of export and import make this symbiosis a legal practice in training for these operators of the Law, from the management of international arbitration. Materials and methods: For this research, various methods were used such as analysis and synthesis, hermeneutic-dialectical, historical-legal analysis, theoretical-legal analysis and exegetic-legal method. Results: It is necessary to start from the re-signification of the contextualizing conflictual dynamics of postgraduate training in international arbitration for legal advisors, which is interpreted as an integrated training process in private international law to recognize, identify and guide the effective legal practice when a litigation or arbitration process arises where a foreign element intervenes. Discussion: The modeling carried out conceives the contextualizing conflictual dynamics of postgraduate training in international arbitration for legal advisors, through the movements that are established in two fundamental dimensions: contextualizing dimension in international arbitration and conflictual dimension in international arbitration, which are an expression of the character of the appropriation of legal professionalization in international arbitration as a dynamic cell of the process, which mediates between the practice of professional improvement for international arbitration and the strengthening for the understanding of the conflict of law, as a logic of systematization. Conclusions: The essential relationships revealed in the integration of these movements guarantee a relevant dynamic, based on redefining the appropriation of legal professionalization in international arbitration for legal advisors as a systematization process that conditions a culture in international arbitration for the development of their professional performance.