WorldWideScience

Sample records for arbitration

  1. Arbitrated quantum signature with an untrusted arbitrator

    Science.gov (United States)

    Yang, Yu-Guang; Zhou, Zheng; Teng, Yi-Wei; Wen, Qiao-Yan

    2011-02-01

    In an arbitrated signature scheme, all communications involve a so called arbitrator who has access to the contents of the messages. The security of most arbitrated signature schemes depends heavily on the trustworthiness of the arbitrators. In this paper we show how to construct an arbitrated quantum signature protocol of classical messages with an untrusted arbitrator. Its security is analyzed and it is proved to be secure even if the arbitrator is compromised. In addition, the proposed protocol does not require a direct quantum link between any two communicating users, which is an appealing advantage in the implementation of a practical quantum distributed communication network.

  2. Arbitration in partner disputes.

    Science.gov (United States)

    Alexander, R

    1989-09-22

    Partnership disputes are not uncommon. Settlement in the courts is expensive and may bring unwelcome publicity. Dr Alexander has acted as arbitrator between GPs and commends arbitration as a cheaper, more private, alternative.

  3. Arbitration in Academe.

    Science.gov (United States)

    Douglas, Joel, Ed.

    1989-01-01

    Questions and issues critical to an understanding of arbitration in higher education are discussed. Aspects of the academic arbitration model are defined. The following four topics are examined: (1) the procedural similarities and differences between academic arbitration and the industrial model; (2) the possible inherent conflict between academic…

  4. Arbitration in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

    Having lagged behind in its arbitration rules for 30 years, Denmark has become an attractive country in which to conduct arbitration. Denmark now has one of Europe's most modern and streamlined arbitration acts, and if they so wish, the parties can exert a substantial influence on how the case is...

  5. International Commercial Arbitration in Bolivia

    OpenAIRE

    2014-01-01

    In this paper author evaluates legal regulation of international commercial arbitration in Bolivia. Author cites statistics of arbitration centers in Bolivia activities. Arbitration Act and Conciliation number 1770 (Arbitration Act) was enacted in 1997 and based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law). Arbitration Act contains a few differences from the UNCITRAL Model Law. The Arbitration Act provides that following disputes can not be subje...

  6. An Arbitrator Looks at Grievance Arbitration.

    Science.gov (United States)

    Hilgert, Raymond L.

    1978-01-01

    Guidelines for supervisors and managers in handling grievances are presented, with suggestions for avoiding the long and costly arbitration process whenever possible. The author stresses that management must understand the perspective of the arbitrator who is bound by the labor contract and precedent. (MF)

  7. Trends in Public Sector Arbitration.

    Science.gov (United States)

    Graham, Harry; Wallace, Virginia

    1982-01-01

    Presents developments in grievance arbitration in government employment by examining all public sector arbitration cases from 1971 through 1979. Predicts that issues of employee discipline and discharge will comprise the largest number of cases proceeding to arbitration. (Author/MLF)

  8. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments......Transnational litigation, PIL, IP, Choice of law, Arbitration, Jurisdiction, Recognition of judgments...

  9. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction......Formueret, international law, conflict of law, arbitration, tort, contract, delict, jurisdiction...

  10. My experience in arbitration

    Directory of Open Access Journals (Sweden)

    Claude Witz

    2011-12-01

    Full Text Available This paper deals with the nature of arbitration as one of the alternatives in dispute resolution processes different from mediation and conciliation, and obviously, from judicial adjudication. Unlike a mediator or a conciliator, an arbitrator is empowered to pass a judgement, like a court. In other words, the arbitrator will render a decision which is binding for the parties. The arbitrator has the jurisdictio, like a judge. Although the office of a judge and an arbitrator is the same, the source of their power is different. The judge’s power originates from a State, whereas the power of the arbitrator results primarily from a contract. Unlike the court, the arbitrator lacks the imperium, i.e. the power to make the award enforceable. When a party refuses to enforce the award, enforceability can only be provided by the judge or an authority of the state where the award has to be enforced. In a certain sense the state thus provides the back up for the arbitration system. This paper presents personal thoughts drawn from the author’s professional experience as an arbitrator in Franco-German disputes.

  11. Key criteria in appointment of arbitrators in international arbitration

    Directory of Open Access Journals (Sweden)

    Bazil Oglindă

    2015-12-01

    Full Text Available Maybe in all situations the most important factor is the decision making person. In arbitration this person is the arbitrator. Knowing how to choose your arbitrator is the first step in knowing how to win your case. There are some important criteria that needs to be taken into account when appointing an arbitrator, like the independence and impartiality of the arbitrator, the experience in similar cases, knowledge of the system of law applicable to the contract and other backgrounds.Another important aspect is the number of arbitrators and the advantages and disadvantages of having one, three or more arbitrators. All those issues are very important when drafting the arbitration agreement and in matters of complex contracts it is of high importance to have legal advisors that will help you draft an agreement that will minimize risks and favor efficient arbitral proceedings.

  12. Improving Arbitration: Roles of Parties and Agencies

    Science.gov (United States)

    Power, James F.

    1972-01-01

    Training programs for new arbitrators, costs and delays of arbitration, and the federal government's new computerized system to provide current listings of qualified arbitrators are discussed. But labor and management must be responsible for arbitration reforms. (MF)

  13. School Arbitration: What the Arbitrators Are Doing.

    Science.gov (United States)

    Brodie, Donald W.; Williams, Peg

    Eight issues of grievance arbitration in education were chosen for detailed examination in this paper: procedure, budgets, discrimination, leave, extra duty, evaluation, discipline, and assignments and transfers. In addition, the authors identified four types of grievants, including individuals, class or group litigants, school districts, and…

  14. Fair trial in international commercial arbitration

    Directory of Open Access Journals (Sweden)

    saleh khedri

    2015-12-01

    Full Text Available A fair hearing in the courts requires the principles of procedure. Because the arbitration is considered as private judgment, thus in arbitration hearing regarding to non-ceremonial proceedings, arbitrator or arbitration panel are bound to respect the principles of civil procedure in arbitration hearing. Equal treatment with parties of arbitration and Adversarial procedure are principles that arbitrator or arbitration panel obliged to satisfy them in proceeding whit action arbitration parties. Independence and impartiality are elements of Equal treatment and proper notice and give a full opportunity to presentation case are elements of adversarial procedure in Arbitration hearing that arbitrator or arbitration panel are bound to respect them in proceeding between action arbitration parties. Disclosure Obligation, Challenge to arbitrators competence, application for setting aside and refuse to recognition and enforcement of award are tools to satisfy compliance of principles of procedural civil in Arbitration hearing. In this paper, ways of satisfying principles of procedure and its sanctions has been considered.

  15. Interest Arbitration in Public Employment: An Arbitrator Views the Process

    Science.gov (United States)

    Bornstein, Tim

    1978-01-01

    Examines the inherent differences between the roles of grievance arbitrator, fact-finder, and interest arbitrator and discusses the skills and insights the interest arbitrator needs to fulfill his role. Available from: Commerce Clearing House, Inc., 4025 West Peterson Avenue, Chicago, Illinois 60646. (JG)

  16. 75 FR 30704 - Arbitration Services

    Science.gov (United States)

    2010-06-02

    ... CONCILIATION SERVICE 29 CFR Part 1404 RIN 3076-AA12 Arbitration Services AGENCY: Federal Mediation and... Conciliation Service (FMCS) rules pertaining to arbitration services. It revises rules addressing the removal... final rule also provides that FMCS may decline to service any request by a party for an arbitration...

  17. Labor Arbitration and Dispute Resolution.

    Science.gov (United States)

    Getman, Julius G.

    1979-01-01

    Discusses the nature of labor arbitration; then explores the transferability of the labor arbitration model. Argues that the establishment and legitimation of unions and collective bargaining are responsible for the success of labor arbitration, not vice versa. Available from The Yale Law Journal, 401A Yale Station, New Haven, Connecticut 06520;…

  18. International Commercial Arbitration in Bolivia

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-03-01

    Full Text Available In this paper author evaluates legal regulation of international commercial arbitration in Bolivia. Author cites statistics of arbitration centers in Bolivia activities. Arbitration Act and Conciliation number 1770 (Arbitration Act was enacted in 1997 and based on the UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law. Arbitration Act contains a few differences from the UNCITRAL Model Law. The Arbitration Act provides that following disputes can not be subject to arbitration: 1 disputes on which a final judgment, except for matters related to the execution of the judgment, 2 disputes regarding civil entity, its legal capacity; 3 disputes in respect of the property or rights of disabled without prior judicial authorization, and 4 disputes regarding the state as a legal entity, and 5 labor disputes. Large commercial disputes are often resolved in two centers: 1 Arbitration and Conciliation Center of the National Chamber of Commerce of Bolivia (CNC; 2 Center for Reconciliation and Commercial Arbitration of the Chamber of Industry, Commerce and Tourism of Santa Cruz (CAINCO. Among other arbitration organizations may be called arbitration and Conciliation center of the Chamber of trade and Services Cochabamba (CADECO.

  19. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

    Full Text Available The arbitral world is at a crucial point in its historical development, poised between two conflicting conceptions of its nature, purpose, and political legitimacy. Formally, the arbitrator is an agent of the contracting parties in dispute, a creature of a discrete contract gone wrong. Yet, increasingly, arbitrators are treated as agents of a larger global community, and arbitration houses concern themselves with the general and prospective impact of important awards. In this paper, I address these questions, first, from the standpoint of delegation theory. In Part I, I introduce the basic “Principal-Agent” framework [P-A] used by social scientists to explain why actors create new institutions, and then briefly discuss how P-A has been applied to the study of courts. Part II uses delegation theory to frame discussion of arbitration as a mode of governance for transnational business and investment. In Part III, I argue that the International Center for the Settlement of Investment Disputes (ICSID is presently in the throes of judicialization, indicators of which include the enhanced use of precedent-based argumentation and justification, the acceptance of third-party briefs, and a flirtation with proportionality balancing. Part IV focuses on the first wave of awards rendered by ICSID tribunals pursuant to Argentina’s response to the crushing economic crisis of 2000-02, wherein proportionality emerged, adapted from the jurisprudence of the Appellate Body of the World Trade Organization.

  20. VAT on Arbitration

    DEFF Research Database (Denmark)

    Thygesen, Jette

    2016-01-01

    The VAT classification of services provided in connection with arbitration proceedings will be illustrated on the basis of the law and practice in Denmark, Germany and Sweden. Since VAT is a tax that has been harmonised in the EU, the VAT position ought to be the same for similar services in all...... Member States, unless a Member State has a stand-still clause. The VAT treatment of services does not appear to be the same in these three countries. In Germany and Sweden it is agreed that services provided in connection with arbitration proceedings are subject to VAT, but in Denmark...... they are not regarded as subject to VAT. For the background to why VAT is not levied on services connected with arbitration proceedings in Denmark, it is necessary to look at some past rulings of the Danish VAT Tribunal (Momsnævn). These decisions were made prior to the amendment of the Danish VAT Act in 1994 and so...

  1. Trends in Arbitrability

    Directory of Open Access Journals (Sweden)

    Beata Kozubovska

    2014-05-01

    Full Text Available In this article Beata Kozubovska looks at the relationship between arbitrability and public policy in the international arbitration system. In rеcеnt yеаrs а trеnd tоwаrd еxpаnsiоn оf аrbitrаbility hаs bееn nоticеd. Each state may decide, in accordance with its own economic and social policy, which matters may be settled by arbitration and which may not. Arbitrаtiоn friеndly cоuntriеs inеvitаbly аttrаct mоrе аrbitrаtiоn usеrs аnd this rеsults in fоrum shоpping. Public policy doctrine is not entirely relevant to the concept of arbitrability. Precisely for this reason a different approach has been suggested. The restrictions of arbitrability are more relevant and precisely described by the reference to the origin of arbitration; arbitration by being of the contractual nature cannot affect people that are outside the scope of the arbitration agreement. Rеstrictiоn оf аrbitrаbility rеfеrs tо thе cоntrаctuаl nаturе оf аrbitrаtiоn prоcеss which lаcks the tооls needed tо rеаch thе rеlеvаnt pаrtiеs bеyоnd thе аrbitrаtiоn аgrееmеnt аnd nоt to public pоlicy issuеs. The paper also provides a helpful analysis of arbitration, especially for those who are less familiar with the topic. Beata Kozubovska is an associate of the Dispute Resolution practice group in Motieka & Audzevičius Law Firm in Vilnius office. Beata has completed her PhD in Law at Vilnius University. She completed and was awarded LL.M. in Commercial Law from University College London (UCL, a LL.M. degree from Vilnius University and has participated in Exchange Programme where she studied EU and International Law in Vrije Universiteit in Brussels, Belgium. Beata has been awarded a Postgraduate Diploma in EU Competition Law from King's College, London University, a Practice Diploma in International Joint Ventures from College of Law of England and Wales, also was awarded the Certificate in International

  2. 49 CFR 1108.6 - Arbitrators.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Arbitrators. 1108.6 Section 1108.6 Transportation... SURFACE TRANSPORTATION BOARD § 1108.6 Arbitrators. (a) Arbitration shall be conducted by an arbitrator (or panel of arbitrators) selected, as provided herein, from a roster of persons (other than...

  3. International Commercial Arbitration in Venezuela

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-03-01

    Full Text Available In the above article author describes evolution of legal regulation of international commercial arbitration in Venezuela. Author cites statistics of arbitration centers in Venezuela activities. In past two decades many Latin American countries have reformed their arbitration law. In an effort to modernize its arbitral institutions several Latin American countries adopted Model Law on International Commercial Arbitration of the UN Commission on International Trade Law (UNCITRAL. In addition, many Latin American countries have adopted the monistic system. Author pays detailed attention to this issue, discusses concept of a monistic system - a system in which a unique set of rules governs both domestic and international arbitration. Author argues that legal system of Venezuela fits this definition. Venezuelan law on arbitration in 1998 makes no distinction between domestic and international arbitration. Arbitration was included in judicial system under the Constitution of Venezuela of the 1999. Art. 258 of the Venezuelan Constitution states that arbitration, conciliation and mediation are alternative ways of resolving disputes.

  4. Japan Sports Arbitration Agency (JSAA

    Directory of Open Access Journals (Sweden)

    Ekaterina P. Rusakova

    2015-12-01

    Full Text Available In this article author analyzes the activities of Japan Sports Arbitration Agency. Author considers the goals, objectives and procedure for dealing with disputes relating to the use of performance-enhancing drugs by athletes. Author study the regulation of Japan Sports Arbitration Agency, to resolve disputes relating to the use of doping, as well as the procedure for application and acceptance of its agency, the choice of arbitrators, counterclaim, protection of evidence.

  5. 40 CFR 304.32 - Arbitral hearing.

    Science.gov (United States)

    2010-07-01

    ... consideration of evidence for reasons of business confidentiality as defined by 40 CFR 2.201(e) and as... CLAIMS Hearings Before the Arbitrator § 304.32 Arbitral hearing. (a) The Arbitrator may, in his sole... statement of disputed issues pursuant to § 304.31(g)(1) of this part. (b) The Arbitrator shall select...

  6. 49 CFR 1108.8 - Arbitration procedures.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Arbitration procedures. 1108.8 Section 1108.8... OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTATION BOARD § 1108.8 Arbitration procedures. (a) The Arbitrator...

  7. 29 CFR 1404.19 - Arbitration process.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration process. 1404.19 Section 1404.19 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Expedited Arbitration § 1404.19 Arbitration process. (a) Once notified of the expedited case appointment...

  8. 46 CFR 502.406 - Arbitration.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Arbitration. 502.406 Section 502.406 Shipping FEDERAL... Dispute Resolution § 502.406 Arbitration. (a)(1) Arbitration may be used as an alternative means of dispute resolution whenever all parties consent, except that arbitration may not be used when...

  9. 46 CFR 502.409 - Arbitration awards.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Arbitration awards. 502.409 Section 502.409 Shipping... Alternative Dispute Resolution § 502.409 Arbitration awards. (a)(1) The award in an arbitration proceeding... arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved...

  10. Labor Arbitration's Crossroads Revisited: The Role of the Arbitrator and the Response of the Courts.

    Science.gov (United States)

    Bloch, Richard I.

    1978-01-01

    In examining the proper role of arbitration and arbitrators, the author reviews the status of public laws in private contracts, the response of the arbitrator to the new mix, and the response of both courts and administrative agencies to arbitrators. Available from University of Cincinnati Law Review, Taft Hall, University of Cincinnati,…

  11. Arbitration in the Schools. An Analysis of Fifty-Nine Grievance Arbitration Cases.

    Science.gov (United States)

    Coulson, Robert

    This book describes 59 cases, most involving grievance arbitration, that concern a school's right to discipline a teacher or a teacher's right to a particular benefit. Selected from thousands of recent arbitration awards, many of these cases appeared in the American Arbitration Association's monthly publication "Arbitration in the Schools." Some…

  12. Arbitrator Decisions in Wisconsin Teacher Wage Disputes.

    Science.gov (United States)

    Olson, Craig A.; Jarley, Paul

    1991-01-01

    Examination of arbitration decisions in Wisconsin teacher wage disputes, 1977-86, found that wage increases agreed to earlier by comparable school districts had a substantial impact on the arbitrators' decisions. (SK)

  13. Arbitration: An Answer to the Impasse Dilemma

    Science.gov (United States)

    Leddy, John H.

    1971-01-01

    Because strikes don't solve problems in America's public schools, arbitration is offered as the most effective alternate available. The author believes arbitration is a viable means by which teacher's legitimate demands may be protected. (Editor)

  14. Quantum Signature Scheme with Weak Arbitrator

    Science.gov (United States)

    Luo, Ming-Xing; Chen, Xiu-Bo; Yun, Deng; Yang, Yi-Xian

    2012-07-01

    In this paper, we propose one quantum signature scheme with a weak arbitrator to sign classical messages. This scheme can preserve the merits in the original arbitrated scheme with some entanglement resources, and provide a higher efficiency in transmission and reduction the complexity of implementation. The arbitrator is costless and only involved in the disagreement case.

  15. 22 CFR 204.41 - Arbitration.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 204.41 Section 204.41 Foreign... § 204.41 Arbitration. Any controversy or claim between A.I.D. and the Lender or any Assignee arising out of this Guaranty shall be settled by arbitration to be held in Washington, DC in accordance with...

  16. 22 CFR 221.41 - Arbitration.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 221.41 Section 221.41 Foreign... Administration § 221.41 Arbitration. Any controversy or claim between A.I.D. and any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the...

  17. 44 CFR 295.42 - Arbitration.

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Arbitration. 295.42 Section... SECURITY CERRO GRANDE FIRE ASSISTANCE CERRO GRANDE FIRE ASSISTANCE Dispute Resolution § 295.42 Arbitration. (a) Initiating arbitration. A Claimant who is dissatisfied with the outcome of the...

  18. 36 CFR 254.10 - Bargaining; arbitration.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 2 2010-07-01 2010-07-01 false Bargaining; arbitration. 254... LANDOWNERSHIP ADJUSTMENTS Land Exchanges § 254.10 Bargaining; arbitration. (a) Unless the parties to an exchange... exchange, the appraisal(s), at the initiative of either party, must be submitted to arbitration, unless,...

  19. 22 CFR 230.14 - Arbitration.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 230.14 Section 230.14 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.14 Arbitration. Any... arbitration to be held in Washington, DC in accordance with the then prevailing rules of the...

  20. 37 CFR 41.126 - Arbitration.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Arbitration. 41.126 Section... COMMERCE PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES Contested Cases § 41.126 Arbitration. (a) Parties to a contested case may resort to binding arbitration to determine any issue in...

  1. 22 CFR 231.14 - Arbitration.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Arbitration. 231.14 Section 231.14 Foreign... § 231.14 Arbitration. Any controversy or claim between USAID and any noteholder arising out of this Guarantee shall be settled by arbitration to be held in Washington, DC in accordance with the...

  2. 37 CFR 251.3 - Arbitrator lists.

    Science.gov (United States)

    2010-07-01

    ... Organization § 251.3 Arbitrator lists. (a) Any professional arbitration association or organization may submit... types of proceedings in which the person represented clients. (3) A brief description of the educational... on a CARP. (6) Any other information which the professional arbitration association or...

  3. Priority arbitration mechanism

    Science.gov (United States)

    Garmire, Derrick L.; Herring, Jay R.; Stunkel, Craig B.

    2007-03-06

    A method is provided for selecting a data source for transmission on one of several logical (virtual) lanes embodied in a single physical connection. Lanes are assigned to either a high priority class or to a low priority class. One of six conditions is employed to determine when re-arbitration of lane priorities is desired. When this occurs a next source for transmission is selected based on a the specification of the maximum number of high priority packets that can be sent after a lower priority transmission has been interrupted. Alternatively, a next source for transmission is selected based on a the specification of the maximum number of high priority packets that can be sent while a lower priority packet is waiting. If initialized correctly, the arbiter keeps all of the packets of a high priority packet contiguous, while allowing lower priority packets to be interrupted by the higher priority packets, but not to the point of starvation of the lower priority packets.

  4. 29 CFR 1404.15 - Fees and charges of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Fees and charges of arbitrators. 1404.15 Section 1404.15... SERVICES Procedures for Arbitration Services § 1404.15 Fees and charges of arbitrators. (a) Fees to Parties... arbitrator's fees and expenses. Each arbitrator's biographical sketch shall include a statement of the...

  5. 29 CFR 4221.4 - Appointment of the arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Appointment of the arbitrator. 4221.4 Section 4221.4 Labor... MULTIEMPLOYER PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.4 Appointment of the arbitrator. (a) Appointment of and acceptance by arbitrator. The parties shall select the arbitrator within 45 days after...

  6. 40 CFR 304.20 - Jurisdiction of Arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Jurisdiction of Arbitrator. 304.20... CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.20 Jurisdiction of Arbitrator. (a) In accordance with the procedures established by this part, the Arbitrator...

  7. 29 CFR 1404.20 - Proper use of expedited arbitration.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Proper use of expedited arbitration. 1404.20 Section 1404... ARBITRATION SERVICES Expedited Arbitration § 1404.20 Proper use of expedited arbitration. (a) FMCS reserves the right to cease honoring request for Expedited Arbitration if a pattern of misuse of this...

  8. Practising virtue: inside international arbitration

    NARCIS (Netherlands)

    D.D. Caron; S.W. Schill; A.C. Smutny; E.E. Triantafilou

    2015-01-01

    International arbitration has developed into a global system of adjudication, dealing with disputes arising from a variety of legal relationships: between states, between private commercial actors, and between private and public entities. It operates to a large extent according to its own rules and

  9. The Trends of the International Arbitration Development

    Institute of Scientific and Technical Information of China (English)

    Cao Peizhong; Zhou Yanbo

    2005-01-01

    @@ The international arbitration, as a kind of the methods to resolve the disputes in the international society,is flourished in recent years. On the basis of the international arbitration's features, the jurisdiction to relevant to the political issues is omission in the session of the disputes. Increasing of the disputes express to the globalization of the economy in the world. Not only do the position of the arbitration and the parties of the cases come from the region, but also the Europe as the traditional arbitration center,replaced by the Pacific/Asia region. The reason of the trend developing for the international arbitration results from the international arbitration's feature--- the forum is neutral, treaty ensures enforcement abroad and no appeal, limited discover. Less time consuming, greater degree of the voluntary compli-ance, procedure is less costly and the result are more predictable.

  10. Labor Arbitrators Meet the Educator--Special Problems in Presenting Arbitration Claims.

    Science.gov (United States)

    Roumell, George T., Jr.

    Chapter 8 in a book on school law explains some of the basic concepts of arbitration, such as how to present a grievance in an arbitration hearing, with special emphasis on particular problems that may arise in education. The chapter points out some common issues advocates of arbitration in the educational setting will confront; general arbitral…

  11. 37 CFR 251.36 - Pre-arbitration and post-arbitration employment restrictions.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Pre-arbitration and post-arbitration employment restrictions. 251.36 Section 251.36 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES...

  12. Chief Editor’s Note on Arbitration Reform in Russia

    Directory of Open Access Journals (Sweden)

    Dmitry Maleshin

    2016-01-01

    Full Text Available Russia is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The USSR was one of the original Member States to sign the Convention in 1958. There is a distinction between international and domestic arbitration. Arbitration in Russia was regulated by the Federal Law on Arbitral Tribunals in the Russian Federation (2003 (domestic arbitration and the Federal Law on International Commercial Arbitration (1993 (international arbitration. This law was drafted on the basis of the UNCITRAL Model Law on International Commercial Arbitration.

  13. Arbitral Tribunal Power to Disqualify Unethical Counsel

    Directory of Open Access Journals (Sweden)

    Cristina Florescu

    2015-12-01

    Full Text Available In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribunal, therefore the source of the arbitral tribunal power to disqualify a counsel is a hot topic. There are no express provisions granting arbitrators such power, only soft law instruments, but which have no binding effect as long as the parties do not agree on them. For these reasons, two renowned cases where international arbitral tribunals have dealt with the subject are examined. Developing “truly transnational” ethical rules and their implementation by the arbitral institutions might be a solution. Arbitral tribunals are establishing this issue on the basis of the undertaken and applied international soft law (professional guidelines which gained credibility and popularity and also became accepted international standards in the arbitration field.

  14. Private Arbitration of Incidental Public Law Issues

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2009-01-01

     The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

  15. An arbitrated quantum signature scheme

    CERN Document Server

    Zeng, G; Zeng, Guihua; Keitel, Christoph H.

    2002-01-01

    The general principle for a quantum signature scheme is proposed and investigated based on ideas from classical signature schemes and quantum cryptography. The suggested algorithm is implemented by a symmetrical quantum key cryptosystem and Greenberger-Horne-Zeilinger (GHZ) triplet states and relies on the availability of an arbitrator. We can guarantee the unconditional security of the algorithm, mostly due to the correlation of the GHZ triplet states and the use of quantum one-time pads.

  16. Judicial Review of Labor Arbitration Awards.

    Science.gov (United States)

    Seitz, Reynolds C.

    The review of grievance arbitration awards in public education constitutes the topic of this second chapter in a book on school law. A discussion of landmark cases outside of education underscores the general principles that have motivated courts to undertake review of arbitration awards. Supreme Court decisions in three cases known as the…

  17. 24 CFR 3288.40 - Nonbinding arbitration.

    Science.gov (United States)

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Nonbinding arbitration. 3288.40... Program in HUD-Administered States § 3288.40 Nonbinding arbitration. (a) When initiated. (1) If, following... days of the expiration of the deadline applicable under § 3288.35(b), initiate nonbinding...

  18. Mandatory Arbitration: Weighing the Pros and Cons

    Science.gov (United States)

    Settenbrino, Susan D.

    2012-01-01

    When big businesses enter into mandatory arbitration agreements with consumers, the large companies typically tout the fairness while the individual is left feeling cheated. Now that mandatory arbitration clauses are finding their way into more and more contracts signed by school systems, school boards and district administrators are realizing…

  19. A Practical Guide to Grievance Arbitration.

    Science.gov (United States)

    Hart, Jacob B.

    1979-01-01

    Discusses the central issues in arbitration arising from employee grievances. Stresses the differences between arbitration and courtroom trials, including selection of the judge by the parties involved and narrow scope of review. Concentrates on tactics for management. Available from American Law Institute-American Bar Association Committee on…

  20. The Recast Brussels I Regulation and Arbitration

    DEFF Research Database (Denmark)

    Hauberg Wilhelmsen, Louise

    2014-01-01

    of Justice (ECJ) in the West Tankers case. The predominant interpretation of the existing exclusion of arbitration from the scope of the Regulation entails that a judgment disregarding or breaching an arbitration agreement will circulate in the European Union according to the rules of the Regulation...

  1. The unilateral appointment of co-arbitrators

    DEFF Research Database (Denmark)

    Tufte-Kristensen, Johan

    2016-01-01

    Contractual practices and the applicable law on the composition of three-member tribunals normally provide for each party to select a co-arbitrator unilaterally. This procedure may make the co-arbitrators appear partial and may lead to improper dissenting opinions and premature resignations, which...

  2. 29 CFR 1404.11 - Nominations of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Nominations of arbitrators. 1404.11 Section 1404.11 Labor... Procedures for Arbitration Services § 1404.11 Nominations of arbitrators. (a) The parties may also report a randomly selected panel containing the names of seven (7) arbitrators accompanied by a biographical...

  3. 40 CFR 304.22 - Appointment of Arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Appointment of Arbitrator. 304.22... CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.22 Appointment of Arbitrator. (a) The Association shall establish and maintain a National Panel of...

  4. 32 CFR 776.31 - Former judge or arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 5 2010-07-01 2010-07-01 false Former judge or arbitrator. 776.31 Section 776... Rules of Professional Conduct § 776.31 Former judge or arbitrator. (a) Former judge or arbitrator: (1... substantially as a judge or other adjudicative officer, arbitrator, or law clerk to such a person, unless...

  5. 40 CFR 304.33 - Arbitral decision and public comment.

    Science.gov (United States)

    2010-07-01

    ... RECOVERY CLAIMS Hearings Before the Arbitrator § 304.33 Arbitral decision and public comment. (a) The Arbitrator shall render a proposed decision within forty-five days after the hearing is closed, or within... writing and shall be signed by the Arbitrator. It shall be limited in accordance with the...

  6. When Can a Grievance Arbitrator Apply Outside Law?

    Science.gov (United States)

    Grenig, Jay E.

    1989-01-01

    Examines the question of when an arbitrator can consider external law in the arbitration of public education labor dispute. Cites ruling in "Roadmaster"--that an arbitrator's decision cannot be based solely on the arbitrator's view of the requirements of enacted legislation--as following nearly 30 years of Supreme Court precedent. (MLF)

  7. 40 CFR Appendix II to Subpart V of... - Arbitration Rules

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 18 2010-07-01 2010-07-01 false Arbitration Rules II Appendix II to... Subpart V of Part 85—Arbitration Rules Part A—Pre-Hearing Section 1: Initiation of Arbitration Either party may commence an arbitration under these rules by filing at any regional office of the...

  8. 7 CFR 900.110 - Application for arbitration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Application for arbitration. 900.110 Section 900.110... Application for arbitration. An application for arbitration by a cooperative shall be in writing and shall... time and place for arbitration hearing. The applicant shall send a copy of the application to...

  9. 46 CFR 502.408 - Conduct of arbitration proceedings.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Conduct of arbitration proceedings. 502.408 Section 502... PROCEDURE Alternative Dispute Resolution § 502.408 Conduct of arbitration proceedings. (a) The arbitrator... should be apportioned. (c)(1) The parties to the arbitration are entitled to be heard, to...

  10. 18 CFR 385.605 - Arbitration (Rule 605).

    Science.gov (United States)

    2010-04-01

    ... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Arbitration (Rule 605... Stipulations § 385.605 Arbitration (Rule 605). (a) Authorization of arbitration. (1) The participants may at any time submit a written proposal to use binding arbitration under the provisions of Rule 605...

  11. 29 CFR 1440.1 - Arbitration of pesticide data disputes.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration of pesticide data disputes. 1440.1 Section 1440... ARBITRATION OF PESTICIDE DATA DISPUTES § 1440.1 Arbitration of pesticide data disputes. (a) Persons requesting... in writing to the appropriate American Arbitration Association Regional Office. Such requests...

  12. 29 CFR 4221.3 - Initiation of arbitration.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Initiation of arbitration. 4221.3 Section 4221.3 Labor... MULTIEMPLOYER PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.3 Initiation of arbitration. (a) Time limits—in general. Arbitration of a withdrawal liability dispute may be initiated within the time...

  13. 29 CFR 4221.14 - PBGC-approved arbitration procedures.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false PBGC-approved arbitration procedures. 4221.14 Section 4221... LIABILITY FOR MULTIEMPLOYER PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.14 PBGC-approved arbitration procedures. (a) Use of PBGC-approved arbitration procedures. In lieu of the procedures...

  14. 37 CFR 251.30 - Basic obligations of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF... person named in the “arbitration list” published in accordance with § 251.3 of these regulations. (b... ethical and legal principles above private gain. (2) Arbitrators shall not hold financial interests...

  15. PROBLEMS OF THE INSTITUTION OF ARBITRATION PROCEEDINGS UNDER LAW REFORM OF ARBITRATION COURTS

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2015-03-01

    Full Text Available In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy

  16. The delocalisation of DIFC arbitration in Dubai and the enforcement of arbitral awards

    OpenAIRE

    Maniruzzaman, Munir; Almutawa, Ahmed M.

    2013-01-01

    This article aims to provide an overview and appraisal of the developments of international arbitration in Dubai. Dubai, beacon for the growth of international arbitration in the Cooperation Council for the Arab States of the Gulf [hereinafter referred to as the Cooperation Council (GCC)], is on the verge of achieving its goal of becoming an international centre of arbitration. As such, a closer look is necessary regarding the growing role of the Dubai International Financial Centre (hereinaf...

  17. European Perspectives on International Commercial Arbitration

    DEFF Research Database (Denmark)

    Hauberg Wilhelmsen, Louise

    2014-01-01

    of a uniform rule on the law applicable to the existence and validity of an arbitration agreement. This article examines these issues in order to find out whether they are only European or also inherent in the international regulation of international commercial arbitration. The article examines to which...... extent these issues have already been addressed in the international regulation. Moreover, the article analyses the issues from a European perspective by analysing the interface between the Brussels I Regulation and arbitration and by looking into the objectives of the EU judicial cooperation in civil...

  18. What Does Confidentiality Inside The Arbitration Mean?

    Directory of Open Access Journals (Sweden)

    Diana - Loredana HOGAŞ

    2014-06-01

    Full Text Available The principle of confidentiality is one of the highlights of the institution of arbitration. Its application is not uniform in the national legislation. The parties to an arbitration agreement may experience various unpleasant situations such as unwanted disclosure of issues they wanted to keep secret, although they had relied on the fact that the private nature of arbitration would protect them from prying eyes and unwanted third parties. In this article we take a brief foray into national and international legislation, analyzing the way in which the principle of confidentiality is applied.

  19. The 'Independence' and 'Impartiality' of Arbitrator; Synonymy or Distinction? (A Comparative Study in International Commercial Arbitration

    Directory of Open Access Journals (Sweden)

    Shaghayegh Vahed

    2015-05-01

    Full Text Available The propagation of utilization of arbitration as a method of dispute resolution depends on the public confidence in the method. In this regard, the independence of arbitrators and their impartiality are necessary conditions for the realization of such confidence. Independence and impartiality of arbitrators ensure a fair trial in arbitration and the lack of aforementioned features makes it impossible to trust the fairness of the dispute settlement process and its result. The importance of confidence in the health of the dispute settlement system is to the extent that many international instruments have frequently emphasised on the necessity of the two above-mentioned features. In the recent decade, contemporaneous with the incredible development of arbitration, the debate over independence and impartiality of arbitrator has become important and controversial because neither national laws nor international provisions provide a clear difinition of the said concepts. This article set out to explain the exact point that the independence and impartiality are distinct concepts and are not interchangeable with each other; Independence is concerned with the relationships between the arbitrator and disputing parties, while impartiality considers the arbitrator's conduct over the equal treatment with the parties. The aforesaid distinction includes such a legal effect that each of these two concepts shall be considered as an autonomous and separate cause for challenging arbitrators.

  20. Reforming Chinese arbitration law and practices in the global economy

    Institute of Scientific and Technical Information of China (English)

    ZHAO Xiuwen; Lisa A.Kloppenberg

    2006-01-01

    In the last 50 years Chinese arbitration law and practices has made significant contributions to the international commercial arbitration and strides to manage the rapidly increasing caseload associated with a period of amazing growth in economic interactions between Chinese and non-Chinese parties. In the global economy there are rooms for further improvement.The paper proposed some ideas on reforming the Chinese arbitration law and practices on the arbitration system regarding the ad hoc arbitration,panel system and tribunal jurisdiction,interim measures of protection,as well as standards for the judicial review on the arbitral awards.

  1. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Transnational Litigation and Commercial Arbitration is a case-oriented study of the key rules and procedures which regulate the resolution of commercial disputes arising in a transnational context. The study explains and compares European and American rules of private international and procedural...... law. Each case is introduced both by a paradigm model, emphasizing and simplifying the key operative facts, as well as by a doctrinal presentation of the main issues and sources of American, European, or international law concerned. The court decisions themselves are all extensively edited...... and annotated by the authors. This 3rd Edition, which has been completely revised and updated, takes account of recent developments in American law, as well as the Rome I and II Regulations, effective within the European Union as of 2009....

  2. Settling Title VII Disputes: A Role for the Arbitrator

    Science.gov (United States)

    Owens, Stephen D.

    1976-01-01

    Selected arbitration cases illustrate the dilemma facing the arbitrator when employment practices that violate both the collective bargaining agreement and Title VII must be resolved. Problems in dealing with race and sex discrimination are discussed. (LBH)

  3. The Use of Arbitration to Avoid Litigation Under ERISA

    Science.gov (United States)

    Donaldson, Richard P.

    1975-01-01

    In this symposium report it is suggested that arbitration can be used to avoid litigation of ERISA pension and welfare benefit claims if the negotiated plan or related collective bargaining agreement provides for arbitration or benefit disputes. (Author/LBH)

  4. At Arbitration Hearings, Justice Favors the Well Prepared.

    Science.gov (United States)

    Neal, Richard G.

    1988-01-01

    Arbitration can be a way to settle employee grievances efficiently and fairly. Count on spending five or six hours in preparation for each hour spent with the arbitrator. Presents strategies for meticulous preparation. (MLF)

  5. 37 CFR 251.4 - Arbitrator lists: Objections.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Arbitrator lists: Objections... PROCEDURE Organization § 251.4 Arbitrator lists: Objections. (a) In the case of a rate adjustment proceeding... objection with the Librarian of Congress to one or more of the persons contained on the arbitrator list...

  6. 46 CFR 502.407 - Authority of the arbitrator.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 9 2010-10-01 2010-10-01 false Authority of the arbitrator. 502.407 Section 502.407 Shipping FEDERAL MARITIME COMMISSION GENERAL AND ADMINISTRATIVE PROVISIONS RULES OF PRACTICE AND PROCEDURE Alternative Dispute Resolution § 502.407 Authority of the arbitrator. An arbitrator to whom a dispute...

  7. 7 CFR 900.114 - Designation of arbitrator.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Designation of arbitrator. 900.114 Section 900.114... Designation of arbitrator. The Administrator, after receiving the submission, will designate one or more persons to act as arbitrator....

  8. 29 CFR 1202.9 - Appointment of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Appointment of arbitrators. 1202.9 Section 1202.9 Labor... arbitrators. Section 5, Third, (a) of the Railway Labor Act provides in the event mediation of a dispute is... parties so agree, and the arbitrators named by the parties are unable to agree upon the neutral...

  9. Patterns of Employee Discipline That Emerged from Arbitration of Grievances.

    Science.gov (United States)

    DeFigio, Nicholas F.; And Others

    Arbitration decisions resulting from school district disciplinary actions and professional employee grievances are studied to determine the extent to which school district decisions are upheld by arbitrators, and to identify factors for the support, modification, or contest of a district decision. Data sources are 333 arbitration cases from 27…

  10. 37 CFR 251.5 - Qualifications of the arbitrators.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Qualifications of the arbitrators. 251.5 Section 251.5 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS... PROCEDURE Organization § 251.5 Qualifications of the arbitrators. In order to serve as an arbitrator to...

  11. 10 CFR 706.31 - Clearance of conciliators and arbitrators.

    Science.gov (United States)

    2010-01-01

    ... 10 Energy 4 2010-01-01 2010-01-01 false Clearance of conciliators and arbitrators. 706.31 Section... RELATIONS Contract Negotiation and Administration § 706.31 Clearance of conciliators and arbitrators. Conciliators and arbitrators who are regularly assigned to DOE cases may be processed for “Q” clearance at...

  12. 29 CFR 1978.112 - Arbitration or other proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Arbitration or other proceedings. 1978.112 Section 1978.112... ACT OF 1982 (STAA) Rules of Procedure Miscellaneous Provisions § 1978.112 Arbitration or other... remedies under grievance arbitration proceedings in collective bargaining agreements. In addition,...

  13. 49 CFR 1115.8 - Petitions to review arbitration decisions.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Petitions to review arbitration decisions. 1115.8... review arbitration decisions. An appeal of right is permitted. The appeal must be filed within 20 days of a final arbitration decision, unless a later date is authorized by the Board, and is subject to...

  14. 76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

    Science.gov (United States)

    2011-07-13

    ... Copyright Office 37 CFR Part 251 Copyright Arbitration Royalty Panel Rules and Procedures AGENCY: Copyright... making an amendment to its regulations by removing Part 251 Copyright Arbitration Royalty Panel Rules of Procedure. In 2004, Congress replaced the Copyright Arbitration Royalty Panels with three Copyright...

  15. 49 CFR 1109.2 - Appeals from arbitration decisions.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Appeals from arbitration decisions. 1109.2 Section... PROCEEDINGS AND THOSE IN WHICH THE BOARD IS A PARTY § 1109.2 Appeals from arbitration decisions. Appeals are.... Arbitration awards can be challenged on the basis that they do not take their essence from the...

  16. 75 FR 52054 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2010-08-24

    ... Surface Transportation Board Assessment of Mediation and Arbitration Procedures AGENCY: Surface... matters relating to the use of mediation and arbitration as effective means of resolving disputes that are... mediation and arbitration in the resolution of disputes. If so, the proposed changes or new rules would...

  17. 7 CFR 1435.319 - Appeals and arbitration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Appeals and arbitration. 1435.319 Section 1435.319... Sugar § 1435.319 Appeals and arbitration. (a) A person adversely affected by any determination made..., such disputes shall be resolved through arbitration under the direction of the Executive Vice...

  18. 29 CFR 1977.18 - Arbitration or other agency proceedings.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Arbitration or other agency proceedings. 1977.18 Section... OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 Procedures § 1977.18 Arbitration or other agency proceedings. (a... under grievance arbitration proceedings in collective bargaining agreements. In addition,...

  19. 78 FR 29071 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2013-05-17

    ...\\ Assessment of Mediation and Arbitration Procedures, 75 FR 52054. \\4\\ Assessment of Mediation and Arbitration... Resolution, 60 FR 19494, 19499-500 (April 19, 1995) (codified at 18 CFR 385.605 (Rule 605)) (describing FERC... and Arbitration Procedures AGENCY: Surface Transportation Board, DOT. ACTION: Final rules....

  20. 49 CFR 1108.3 - Matters subject to arbitration.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 8 2010-10-01 2010-10-01 false Matters subject to arbitration. 1108.3 Section... BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT TO THE STATUTORY JURISDICTION OF THE SURFACE TRANSPORTATION BOARD § 1108.3 Matters subject to arbitration. (a)...

  1. The EU Arbitration Convention : An evaluating assessment of the governance and functioning of the EU Arbitration Convention

    NARCIS (Netherlands)

    Pit, Harm Mark

    2017-01-01

    The EU Arbitration Convention An evaluating assessment of the governance and functioning of the EU Arbitration Convention Summary for non-experts The EU Arbitration Convention is a convention between EU Member States to eliminate double taxation arising from – for tax purposes – transfer pricing pro

  2. Arbitration in one easy lesson: a review of criteria used in arbitration awards.

    Science.gov (United States)

    Woolf, D A

    1978-01-01

    Some managers find awards of arbitrators "arbitrary, capricious, and discriminatory", Donald A. Woolf believes, however, that a knowledge of decisional criteria used by arbitrators can help managers to understand how they reason. Among the criteria discussed are the de minimus rule, the major/minor test, promissory estoppel, parol evidence, contract language, past practice, "clean hands", and the punishment fitting the crime (equity). Such knowledge can also help managers avoid actions that are likely to lead to grievances in addition to planning a course of action to avoid grievances going to arbitration in the future.

  3. [The social significance of medical arbitration].

    Science.gov (United States)

    Casares-Queralt, Salvador; Arévalo-Vargas, Angel

    2013-01-01

    The physician-patient relationship has been modified with the participation of other professionals that work on health services, the family and the community; as well as by scientific and technical developmental and the empowering of the citizens. The objective of the medical arbitration is to assure the patient general rights and to the professional of health. The model utilized for arbitration in our country is a reconciliation kind and the mediator quality is a warranty for the conciliation, the recommendation or the emission of an opinion judgment.

  4. Medidas cautelares en el proceso arbitral

    OpenAIRE

    Rodríguez Mejía, Marcela

    2014-01-01

    Las medidas cautelares son una herramienta procesal en los sistemas heterocompositivos de resolución de controversias, que facilitan en cada caso concreto la consecución material de la tutela judicial efectiva. Tanto en el proceso judicial como en el proceso arbitral las cautelas gozan de la misma importancia: en ambas instancias tienen el objetivo de garantizar la materialización de la decisión judicial o arbitral, según corresponda. No obstante, su desarrollo legislativo no se ha dado de fo...

  5. 29 CFR 4221.5 - Powers and duties of the arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Powers and duties of the arbitrator. 4221.5 Section 4221.5... of the arbitrator. (a) Arbitration hearing. Except as otherwise provided in this part, the arbitrator... powers, as an arbitrator conducting a proceeding under title 9 of the United States Code. (1)...

  6. 29 CFR 1404.9 - Procedures for requesting arbitration lists and panels.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Procedures for requesting arbitration lists and panels... CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.9 Procedures for requesting arbitration lists and panels. (a) The Office of Arbitration Services (OAS) has been delegated...

  7. 5 CFR 2471.6 - Investigation of request; Panel procedures; approval of binding arbitration.

    Science.gov (United States)

    2010-01-01

    ... procedures; approval of binding arbitration. 2471.6 Section 2471.6 Administrative Personnel FEDERAL LABOR... procedures; approval of binding arbitration. (a) Upon receipt of a request for consideration of an impasse... arbitration or mediation-arbitration (by a Panel designee or a private arbitrator). Following procedures...

  8. Facilitating Settlement at the Arbitration Table: Comparing Views on Settlement Practice Among Arbitration Practitioners in East Asia and the West

    Directory of Open Access Journals (Sweden)

    Shahla Ali

    2011-10-01

    Full Text Available This article presents a cross cultural examination of how international arbitrators in East Asian and Western countries view the goal of settlement in international arbitration. The result of a 115 person survey and 64 follow up interviews shed light on the underlying cultural attitudes and approaches to settlement in international arbitration as practiced in diverse regions. The findings indicate that arbitration practitioner’s perceptions of the frequency of compromise decision in international arbitration demonstrate a high degree of convergence across regions. At the same time, cultural and socio-economic distinctions are reflected in varying arbitrator perceptions regarding the arbitrators’ role in settlement, whether settlement is regarded as a goal in arbitration and the types of efforts made pre-arbitration to settle disputes. In particular, arbitrators working in the East Asian region regard the goal of facilitating voluntary settlement in the context of international arbitration with greater importance and generally make greater efforts pre-arbitration to settle disputes as compared with counterparts in the West.DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1934138

  9. Security Analyses and Improvement of Arbitrated Quantum Signature with an Untrusted Arbitrator

    Science.gov (United States)

    Zou, Xiangfu; Qiu, Daowen; Mateus, Paulo

    2013-09-01

    Very recently, an arbitrated quantum signature (AQS) scheme of classical message with an untrusted arbitrator was presented (Yang et al. in Eur. Phys. J., D, At. Mol. Opt. Plasma Phys. 61(3):773-778, 2011). In this paper, the security of the AQS scheme with an untrusted arbitrator is analyzed. An AQS scheme with an untrusted arbitrator should satisfy the unforgeable property and undeniable property. In particular, the malicious verifier can not modify a message and its signature to produce a new message with a valid signature, and the dishonest signer who really has sent the message to the verifier which the verifier accepted as an authentic one cannot later deny having sent this message. However, we show that, in the AQS scheme with an untrusted arbitrator, the dishonest signer can successfully disavow his/her signature and the malicious verifier can counterfeit a valued signature for any message by known message attack when he has received a message-signature pair. Then, we suggest an improved AQS scheme of classical message with an untrusted arbitrator which can solve effectively the two problems raised above. Furthermore, we prove the security of the improved scheme.

  10. Arbitrated quantum signature scheme with message recovery

    Energy Technology Data Exchange (ETDEWEB)

    Lee, Hwayean; Hong, Changho; Kim, Hyunsang; Lim, Jongin; Yang, Hyung Jin

    2004-02-16

    Two quantum signature schemes with message recovery relying on the availability of an arbitrator are proposed. One scheme uses a public board and the other does not. However both schemes provide confidentiality of the message and a higher efficiency in transmission.

  11. DISCOVERY OF EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION

    Directory of Open Access Journals (Sweden)

    Bakumenko, V.V.

    2016-07-01

    Full Text Available The article considers the different concepts of discovery of evidence, which exist under different legal jurisdictions, with their theoretical analysis to determine the feasibility and rationality of the application of the discovery mechanisms in the frameworks of international commercial arbitration and its fundamental principles.

  12. My Introduction to Grievance and Arbitration.

    Science.gov (United States)

    Prosise, Roger

    2003-01-01

    Advice about the role of the superintendent in the grievance and arbitration process: Be sure you are not violating the teachers' contract; check past practice; examine the basis of your decision; work closely with the school board's attorney; and plan for future related questions. (MLF)

  13. Arbitration Is Good for You and Teachers, So Learn to Do It Right.

    Science.gov (United States)

    Singer, David, Jr.

    1986-01-01

    Arbitration is an effective way to resolve disagreements between school systems and their employee unions. A practicing arbitrator offers some suggestions that encourage the best use of the arbitration process. (MLF)

  14. El arbitraje internacional y sus dualidades (International Arbitration ans its Dualities)

    OpenAIRE

    2006-01-01

    Its autonomy, non-national character and non territorial nature are among the leading features of present international arbitration. These features are linked to an unprecedented development of international arbitration as a reality independent of domestic arbitration. At the same time that trend has fostered the convergence with some forms of arbitrations ruled by international law. This evolution stresses some opposition in the development of arbitration: internal arbitration versus interna...

  15. Analysis Of Comparative Law, Arbitration Rules Of The United Nations Commission On International Trade Law (Uncitral

    Directory of Open Access Journals (Sweden)

    Ana Carolina Donoso Bustamante

    2013-01-01

    Full Text Available It is a study of comparative law between the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL, specifically established in the Arbitration Rules, and the arbitration in Ecuadorian system. The paper first defines the concept of arbitration, international arbitration differentiating domestic arbitration. In a second time, there are a historical reference both as an institution and the UNCITRAL Arbitration Rules. Following, the author show a background study, Arbitration and Mediation Ecuadorian Law. Finally appears the comparation between the two systems, with the resulting conclusions.

  16. International arbitration and its exclusion from the Brussels regime

    Directory of Open Access Journals (Sweden)

    Hamed Alavi

    2016-06-01

    Full Text Available The Brussels regime, which regulates the matters of transnational litigation excludes arbitration from its scope. Upon formation of the Brussels regime the existing instruments concerning arbitration - the United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards and the 1961 European Convention on International Commercial Arbitration - were believed to be sufficient. The original Brussels Convention 1968 on recognition and enforcement of judgments delivered in the courts of the EU Member States expressly provided for the exclusion of arbitration. The following Brussels I Regulation followed the trend and reinforced the exclusion of arbitration from their material scopes. The rationale for doing so was primarily the prevention of parallel proceedings and irreconcilable judgments. The arbitration exclusion from the Brussels regime has caused a fair amount of confusion, especially regarding the extent and limits of the exclusion. That is, whether the arbitration agreement, the arbitral award and its consequences are covered by the exclusion or they may fall under the scope of the Brussels regulation if they constitute only an incidental question to the main cause of action? The confusion was illustrated in the ECJ judgment West Tankers, which generated negative feedback from the arbitration community and indicated the need for reform. The recently adopted Recast Regulation took it upon itself to clarify the relationship between arbitration and the EU regime of transnational litigation. The exclusion is reinforced ye again and its boundaries are specified in the Preamble. However, whether or not the concerns about the extent and objectives of arbitration exclusion have been at present eliminated, remains to be seen.

  17. ACOG Committee Opinion No. 583: predispute, voluntary, binding arbitration.

    Science.gov (United States)

    2014-01-01

    : Arbitration is a form of dispute resolution that is an alternative to 'taking a case to court.' Weighing the potential advantages and disadvantages, predispute arbitration may represent a valid alternative dispute resolution strategy for physicians and patients. When correctly prepared, contractual agreements between patients and physicians for predispute, voluntary, binding arbitration can satisfy both individual and societal needs and, at the same time, meet relevant ethical principles.

  18. Security Weaknesses in Arbitrated Quantum Signature Protocols

    Science.gov (United States)

    Liu, Feng; Zhang, Kejia; Cao, Tianqing

    2014-01-01

    Arbitrated quantum signature (AQS) is a cryptographic scenario in which the sender (signer), Alice, generates the signature of a message and then a receiver (verifier), Bob, can verify the signature with the help of a trusted arbitrator, Trent. In this paper, we point out there exist some security weaknesses in two AQS protocols. Our analysis shows Alice can successfully disavow any of her signatures by a simple attack in the first protocol. Furthermore, we study the security weaknesses of the second protocol from the aspects of forgery and disavowal. Some potential improvements of this kind of protocols are given. We also design a new method to authenticate a signature or a message, which makes AQS protocols immune to Alice's disavowal attack and Bob's forgery attack effectively.

  19. Arbitrated Quantum Signature protocol using EPR pairs

    Directory of Open Access Journals (Sweden)

    Jun Zhang

    2012-11-01

    Full Text Available Arbitrated signature provides that the signatory signs a message with his private key by quantum cryptography, while the signature receiver verifies the signature with the arbitrator’s assistance. In this work, security analysis was given to the arbitrated quantum signature (AQS and results showed that the receiver Bob and the attacker can forge the signature. Then this paper gives a new quantum one-time pads encryption method, which is suit for the quantum signature. At last, a new AQS protocol using Einstein-Podoisky-Rosen (EPR pairs is proposed. By using of  quantum key distribution (QKD and new quantum one-time pads, the new scheme can resist Shor’s attack. The new scheme has following advantages: (1 The scheme reduces the complexity of implementation and provides a higher efficiency in transmission; (2 Compares with some AQS schemes, the scheme can avoid being disavowed by the receiver; (3 Compares with other AQS schemes, the scheme also guarantees the arbitrator cannot forge the signature and it also ensure the receiver and other attacker cannot forge the signature.

  20. Arbitration as Mean of Solving Litigations between Professional Traders – Novelties Inserted in the New Civil Procedure Code

    Directory of Open Access Journals (Sweden)

    Elise-Nicoleta VALCU

    2011-12-01

    Full Text Available Based on the “New York” Convention of 1958 [1] arbitration has become a true and efficient alternative of the common law jurisdiction.The regulation of arbitration in the new Civil Procedure Code [2] is found in the same Book (Book 4, divided into 7 Titles, instead of 11 Chapters. As a concept, the regulation of different specific arbitration institutions is similar to that provided for by the actual Book 4. The 7 Titles includes the general provisions on arbitration, arbitration agreements, arbitration tribunal, arbitral procedures and institutionalized arbitration (Art 533-612. Regardingarbitration procedure, it regulates the notification of the arbitration tribunal, arbitration trial, arbitration expenses and the decision of arbitration. Institutionalized arbitration is, for the first time settled by Art 607-612 of the Civil Procedure Code. Also, Title 4 of Book 7, named “International civil trial”, settles the international arbitration (Art 1096-1118.

  1. Effective Evidence and Presentation for Influencing a Factfinder or Arbitrator.

    Science.gov (United States)

    Zack, Arnold M.

    The purpose of both factfinding to settle a negotiations impasse and arbitration to settle a grievance is to present the evidence necessary to resolve the conflict between union and management. The author of this paper, himself a factfinder and arbitrator, lists tactics and practices that impede the efficient collection of evidence in factfinding.…

  2. Strikes, Arbitration, and Teacher Salaries: A Behavioral Analysis.

    Science.gov (United States)

    Delaney, John Thomas

    1983-01-01

    Using a behavioral theory of bargaining, the authors examined data sets from Illinois and Iowa school districts and from a national sample of teachers. Results suggest that strike use and the availability of arbitration and the right to strike affect teacher salaries, while arbitration use does not. (Author/SK)

  3. 77 FR 23208 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-04-18

    ... FR 19,591). The Board favors the resolution of disputes through the use of mediation and arbitration... of information described below and in greater detail at 77 FR 19,591 is necessary for the proper... Surface Transportation Board 49 CFR Parts 1108 and 1109 Assessment of Mediation and Arbitration...

  4. 49 CFR 1108.7 - Arbitration commencement procedures.

    Science.gov (United States)

    2010-10-01

    ... under § 1108.5(a) and set forth in 49 CFR 1002.2(f)(87). Each complaint served on a defendant shall be... 49 Transportation 8 2010-10-01 2010-10-01 false Arbitration commencement procedures. 1108.7... TRANSPORTATION BOARD, DEPARTMENT OF TRANSPORTATION RULES OF PRACTICE ARBITRATION OF CERTAIN DISPUTES SUBJECT...

  5. Final-Offer Arbitration: "Sudden Death" in Eugene

    Science.gov (United States)

    Long, Gary; Feuille, Peter

    1974-01-01

    A case study on final offer arbitration experiences in Eugene, Oregon, is presented and discussed. Basic criticisms leveled against the final-offer system are opposed by the authors and evidence is given in support of the use of final-offer arbitration. (DS)

  6. CONSTRUCTION OF AUTHENTICATION CODES WITH ARBITRATION FROM UNITARY GEOMETRY

    Institute of Scientific and Technical Information of China (English)

    LiRuihu; OuoLuobin

    1999-01-01

    A family of authentication codes with arbitration is constructed from unitary geome-try,the parameters and the probabilities of deceptions of the codes are also computed. In a spe-cial case a perfect authentication code with arbitration is ohtalned.

  7. The Effects of Third-Party Arbitration: A Field Experiment

    NARCIS (Netherlands)

    Joosten, H.W.M.; Bloemer, J.M.M.; Hillebrand, B.

    2016-01-01

    Governments, firms, and consumer agencies promote third-party arbitration to end consumer–firm disputes that arise from dissatisfying services and failed service recoveries in the hope that third-party arbitration will (1) resolve the dispute, (2) repair the relationship with the service provider, a

  8. 4 CFR 28.124 - Review of arbitration awards.

    Science.gov (United States)

    2010-01-01

    ... rule which was not introduced into the record submitted to the arbitrator. (d) Board decision. The Board shall issue its decision and order taking such action and making such recommendations concerning... collective bargaining agreement, may file with the Board an exception to the arbitrator's award...

  9. 37 CFR 251.46 - Conduct of hearings: Role of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... arbitrators. 251.46 Section 251.46 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS... arbitrators. (a) At the opening of a hearing conducted by a Copyright Arbitration Royalty Panel, the chairperson shall announce the subject under consideration. (b) Only the arbitrators of a CARP, or counsel...

  10. 29 CFR 25.3 - Requests for nomination of arbitrators: Filing, disputes, parties, time.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Requests for nomination of arbitrators: Filing, disputes... ARBITRATORS UNDER SECTION 11 OF EXECUTIVE ORDER 10988 § 25.3 Requests for nomination of arbitrators: Filing... entertain on its merits a request by an employee organization for nomination of an arbitrator on a...

  11. 29 CFR 1404.12 - Selection by parties and appointments of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Selection by parties and appointments of arbitrators. 1404... appointments of arbitrators. (a) After receiving a panel of names, the parties must notify the OAS of their selection of an arbitrator or of the decision not to proceed with arbitration. Upon notification of...

  12. 48 CFR 49.108-5 - Recognition of judgments and arbitration awards.

    Science.gov (United States)

    2010-10-01

    ... and arbitration awards. 49.108-5 Section 49.108-5 Federal Acquisition Regulations System FEDERAL... judgments and arbitration awards. (a) When a subcontractor obtains a final judgment against a prime... arbitration under any applicable law or contract provision, the TCO shall recognize the arbitration award...

  13. 37 CFR 1.335 - Filing of notice of arbitration awards.

    Science.gov (United States)

    2010-07-01

    ... arbitration awards. 1.335 Section 1.335 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK... Arbitration Awards § 1.335 Filing of notice of arbitration awards. (a) Written notice of any award by an... the inventor and patent owner, and the names and addresses of the parties to the arbitration....

  14. 37 CFR 251.2 - Purpose of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Arbitration Royalty Panels. 251.2 Section 251.2 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.2 Purpose of Copyright Arbitration Royalty Panels....

  15. 37 CFR 251.7 - Actions of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Arbitration Royalty Panels. 251.7 Section 251.7 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.7 Actions of Copyright Arbitration Royalty Panels....

  16. 37 CFR 251.54 - Assessment of costs of arbitration panels.

    Science.gov (United States)

    2010-07-01

    ... arbitration panels. 251.54 Section 251.54 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.54 Assessment of costs...

  17. Efficient arbitrated quantum signature and its proof of security

    Science.gov (United States)

    Li, Qin; Li, Chengqing; Long, Dongyang; Chan, Wai Hong; Wang, Changji

    2013-07-01

    In this paper, an efficient arbitrated quantum signature scheme is proposed by combining quantum cryptographic techniques and some ideas in classical cryptography. In the presented scheme, the signatory and the receiver can share a long-term secret key with the arbitrator by utilizing the key together with a random number. While in previous quantum signature schemes, the key shared between the signatory and the arbitrator or between the receiver and the arbitrator could be used only once, and thus each time when a signatory needs to sign, the signatory and the receiver have to obtain a new key shared with the arbitrator through a quantum key distribution protocol. Detailed theoretical analysis shows that the proposed scheme is efficient and provably secure.

  18. Improved Quantum Signature Scheme with Weak Arbitrator

    Science.gov (United States)

    Su, Qi; Li, Wen-Min

    2013-09-01

    In this paper, we find a man-in-the-middle attack on the quantum signature scheme with a weak arbitrator (Luo et al., Int. J. Theor. Phys., 51:2135, 2012). In that scheme, the authors proposed a quantum signature based on quantum one way function which contains both verifying the signer phase and verifying the signed message phase. However, after our analysis we will show that Eve can adopt different strategies in respective phases to forge the signature without being detected. Then we present an improved scheme to increase the security.

  19. Security problem on arbitrated quantum signature schemes

    Science.gov (United States)

    Choi, Jeong Woon; Chang, Ku-Young; Hong, Dowon

    2011-12-01

    Many arbitrated quantum signature schemes implemented with the help of a trusted third party have been developed up to now. In order to guarantee unconditional security, most of them take advantage of the optimal quantum one-time encryption based on Pauli operators. However, in this paper we point out that the previous schemes provide security only against a total break attack and show in fact that there exists an existential forgery attack that can validly modify the transmitted pair of message and signature. In addition, we also provide a simple method to recover security against the proposed attack.

  20. Security problem on arbitrated quantum signature schemes

    CERN Document Server

    Choi, Jeong Woon; Hong, Dowon

    2011-01-01

    Until now, there have been developed many arbitrated quantum signature schemes implemented with a help of a trusted third party. In order to guarantee the unconditional security, most of them take advantage of the optimal quantum one-time encryption method based on Pauli operators. However, we in this paper point out that the previous schemes only provides a security against total break and actually show that there exists a simple existential forgery attack to validly modify the transmitted pair of message and signature. In addition, we also provide a simple method to recover the security against the proposed attack.

  1. Validez y eficacia del convenio arbitral internacional

    OpenAIRE

    Fernández Rozas, José Carlos; Artuch Iriberri, Elena

    2011-01-01

    El acuerdo de arbitraje es un acto jurídicamente complejo que se configura inicialmente como un contrato, pero con la finalidad de producir efectos procesales; de aquí se sigue una naturaleza híbrida, integrada por elementos dispares de no menor dispar eficacia. La propia sustancia del arbitraje y el soporte de la exclusión judicial reposan en el convenio arbitral, en cuanto expresa la voluntad de las partes de sustraerse a la actuación del poder judicial. La expresión “acuerdo de arbitraje” ...

  2. Sustainable Markets Investment Briefings: International arbitration

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2007-08-15

    This is the fifth of a series of briefings which discuss the sustainable development issues raised by legal arrangements for the protection of foreign investment. The briefings are based on legal research by IIED and its partners. The goal is to provide accessible but accurate information for human rights, development and environmental organisations working on issues raised by foreign investment in low- and middle-income countries. Briefing 5 explains how international arbitration works to resolve disputes between foreign investors and host states, and outlines some of the problems associated with its use, from a sustainable development perspective.

  3. Prenatal radiation exposure policy: A labor arbitration

    Energy Technology Data Exchange (ETDEWEB)

    Kelly, J.J. (New York Power Authority, White Plains (USA))

    1990-07-01

    A policy on prenatal radiation exposure at two nuclear power plants was revised to give better assurance of compliance with NCRP recommendations on fetal radiation exposure. This action was taken after publication of NCRP 91 in June 1987 to provide better assurance that a total dose equivalent limit to an embryo-fetus be no greater than 0.5 mSv (0.05 rem) in any month and no more than 5 mSv (500 mrem) for a gestation period. For any female worker to receive radiation exposure greater than 1.5 mSv (0.15 rem) in a month at these nuclear power plants, she was asked to initiate an administrative request for radiation exposure in excess of this limit. In this request, she was asked to acknowledge that she was aware of the guidance in U.S. NRC Regulatory Guide 8.13. A worker who had the potential for radiation exposure in excess of 1.5 mSv (0.15 rem) refused to process this request and was consequently denied overtime work. She filed a grievance for denial of overtime, and this grievance was submitted for labor arbitration in June 1988. The arbitration decision and its basis and related NRC actions are discussed.

  4. Arbitrated quantum signature schemes without using entangled states

    CERN Document Server

    Zou, Xiangfu

    2010-01-01

    A digital signature is a mathematical scheme for demonstrating the authenticity of a digital message or document. For signing quantum messages, some arbitrated quantum signature schemes have being proposed. However, in the existing literature, arbitrated quantum signature schemes depend on entanglement. In this paper, we present two arbitrated quantum signature schemes without utilizing entangled states in the signing phase and the verifying phase. The first proposed scheme can preserve the merits in the existing schemes. Then, we point out, in this scheme and the prior schemes, there exists a problem that Bob can repudiate the integrality of the signatures. To conquer this problem, we construct another arbitrated quantum signature scheme without using quantum entangled states but using a public board. The new scheme has three advantages: it does not utilize entangled states while it can preserve all merits in the existing schemes; the integrality of the signature can avoid being disavowed by the receiver; an...

  5. Arbitrated quantum signature scheme based on reusable key

    Science.gov (United States)

    Yu, ChaoHua; Guo, GongDe; Lin, Song

    2014-11-01

    An arbitrated quantum signature scheme without using entangled states is proposed. In the scheme, by employing a classical hash function and random numbers, the secret keys of signer and receiver can be reused. It is shown that the proposed scheme is secure against several well-known attacks. Specifically, it can stand against the receiver's disavowal attack. Moreover, compared with previous relevant arbitrated quantum signature schemes, the scheme proposed has the advantage of less transmission complexity.

  6. Arbitrated quantum signature scheme based on reusable key

    Institute of Scientific and Technical Information of China (English)

    YU ChaoHua; GUO GongDe; LIN Song

    2014-01-01

    An arbitrated quantum signature scheme without using entangled states is proposed.In the scheme,by employing a classical hash function and random numbers,the secret keys of signer and receiver can be reused.It is shown that the proposed scheme is secure against several well-known attacks.Specifically,it can stand against the receiver's disavowal attack.Moreover,compared with previous relevant arbitrated quantum signature schemes,the scheme proposed has the advantage of less transmission complexity.

  7. Arbitrator Evaluation and Selection: A Policy Capturing Approach.

    Science.gov (United States)

    1980-09-01

    of court having jurisdiction in the county of the parties ( Labor Law Course:4253). It is apparent there are still other means of obtaining arbitration...Engineer Officer, UJSMC (1943-46) . Affiliated with American ( Labor Law Section), Ohio, Cuyahoga, and Cleveland Bar Associations; American Arbitration...Association, Public Employment Disputes Panel; Industrial Relations Research Association; International Society for Labor Law ; FMCS. P-ermanent

  8. Cryptanalysis of the arbitrated quantum signature protocols

    Science.gov (United States)

    Gao, Fei; Qin, Su-Juan; Guo, Fen-Zhuo; Wen, Qiao-Yan

    2011-08-01

    As a new model for signing quantum messages, arbitrated quantum signature (AQS) has recently received a lot of attention. In this paper we study the cryptanalysis of previous AQS protocols from the aspects of forgery and disavowal. We show that in these protocols the receiver, Bob, can realize existential forgery of the sender's signature under known message attack. Bob can even achieve universal forgery when the protocols are used to sign a classical message. Furthermore, the sender, Alice, can successfully disavow any of her signatures by simple attack. The attack strategies are described in detail and some discussions about the potential improvements of the protocols are given. Finally we also present several interesting topics on AQS protocols that can be studied in future.

  9. Uniform Representations for Syntax-Semantics Arbitration

    CERN Document Server

    Mahesh, K; Mahesh, Kavi; Eiselt, Kurt P.

    1994-01-01

    Psychological investigations have led to considerable insight into the working of the human language comprehension system. In this article, we look at a set of principles derived from psychological findings to argue for a particular organization of linguistic knowledge along with a particular processing strategy and present a computational model of sentence processing based on those principles. Many studies have shown that human sentence comprehension is an incremental and interactive process in which semantic and other higher-level information interacts with syntactic information to make informed commitments as early as possible at a local ambiguity. Early commitments may be made by using top-down guidance from knowledge of different types, each of which must be applicable independently of others. Further evidence from studies of error recovery and delayed decisions points toward an arbitration mechanism for combining syntactic and semantic information in resolving ambiguities. In order to account for all of...

  10. Cryptanalysis of the arbitrated quantum signature protocols

    CERN Document Server

    Gao, Fei; Guo, Fen-Zhuo; Wen, Qiao-Yan

    2011-01-01

    As a new model for signing quantum message, arbitrated quantum signature (AQS) has recently received a lot of attention. In this paper we study the cryptanalysis of previous AQS protocols from the aspects of forgery and disavowal. We show that in these protocols the receiver Bob can realize existential forgery of the sender's signature under known message attack. Bob can even achieve universal forgery when the protocols are used to sign a classical message. Furthermore, the sender Alice can successfully disavow any of her signatures by simple attack. The attack strategies are described in detail and some discussions about the potential improvements of the protocols are given. Finally we also present several interesting topics in future study on AQS protocols.

  11. Arbitration in crossbar interconnect for low latency

    Science.gov (United States)

    Ohmacht, Martin; Sugavanam, Krishnan

    2013-02-05

    A system and method and computer program product for reducing the latency of signals communicated through a crossbar switch, the method including using at slave arbitration logic devices associated with Slave devices for which access is requested from one or more Master devices, two or more priority vector signals cycled among their use every clock cycle for selecting one of the requesting Master devices and updates the respective priority vector signal used every clock cycle. Similarly, each Master for which access is requested from one or more Slave devices, can have two or more priority vectors and can cycle among their use every clock cycle to further reduce latency and increase throughput performance via the crossbar.

  12. Sources Of Legal Regulation Of The International Commercial Arbitration In Egypt

    Directory of Open Access Journals (Sweden)

    Anton V. Yakovlev

    2014-12-01

    Full Text Available In the present article the legal regulation of international commercial arbitration in Egypt evolution is researched, legal documents governing operation of international commercial arbitration, general characteristics is given, features of legal norms and legal regulation are pointed out, also legal practice of application is analyzed. Author points out that at first legislation of Egypt was under the strong influence of Islamic law, later the legal system in Egypt was subjected to extensive influence of European law. It is believed that it is the Sharia law that largely caused formation of goals and objectives of modern international commercial arbitration. The main source of the international commercial arbitration activities regulating is the adopted in 1994 Law of Egypt on Arbitration No. 27/1994 (the Arbitration Act. This law was adopted on the basis of the UNCITRAL Model Law on the International Commercial Arbitration (of the year 1985. Prior to the adoption of the Arbitration Act in the year 1994 the international commercial arbitration in Egypt was governed by the Civil Procedure Code, adopted in the year 1968. The Law of Egypt on arbitration contains several differences from the UNCITRAL Model Law. 1 The Model Law has a bit another internal structural division. Articles of the Egyptian Arbitration Act do not have name. The law includes 58 articles, united in 7 parts; 2 Ability of extraterritorial application. Arbitration Act applies to arbitrations conducted in Egypt or when the international commercial arbitration is conducted abroad and agreed to subordinate to this arbitration Act; 3 The Arbitration Act provides additional criteria for the establishment of the international character of arbitration.

  13. 77 FR 26430 - Unfair Labor Practice Proceedings; Negotiability Proceedings; Review of Arbitration Awards...

    Science.gov (United States)

    2012-05-04

    ... requests for Federal Service Impasses Panel assistance in the resolution of negotiation impasses. See 77 FR... Proceedings; Review of Arbitration Awards; Miscellaneous and General Requirements AGENCY: Federal Labor... Practice Proceedings, part 2424, Negotiability Proceedings, part 2425, Review of Arbitration Awards,...

  14. Arbitration Of Family Separation Issues – A Useful Adjunct To Mediation And The Court Process

    Directory of Open Access Journals (Sweden)

    M (Leentjie de Jong

    2014-12-01

    Full Text Available For over half a century now, section 2(a of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be

  15. Status of domestic and international commercial arbitral jurisdiction in Iran which is Originated from English Law

    OpenAIRE

    ALMASİ, Galvizh; AHMADZADEH, Sirvan

    2015-01-01

    Abstract. If there is alleged invalidity of the contract, Limits and scope of arbitration referee. This issue calls “competence-competence” principle and we seek to investigate whether the possibility of accepting the competence to judge. It means making decision about competence of referee. Competency of arbitration board is inherent and it is created by law and it is separate from competency of public arbitration. Arbitration ritual theory is differences as a separate method of dispute reso...

  16. Academic Judgment and Grievance Arbitration in Higher Education. Special Report No. 20.

    Science.gov (United States)

    Levy, Harold

    The first known analysis of a substantial number of arbitration awards in higher education is presented in an effort to determine whether arbitrators have confined their awards within the contract limitations. All of the arbitration awards generated by the four-year colleges of the State University of New York as well as the awards of the…

  17. 40 CFR 304.41 - Administrative fees, expenses, and Arbitrator's fee.

    Science.gov (United States)

    2010-07-01

    ... Arbitrator's fee. 304.41 Section 304.41 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED... SUPERFUND COST RECOVERY CLAIMS Other Provisions § 304.41 Administrative fees, expenses, and Arbitrator's fee... ordering copies, unless otherwise agreed by the parties, or unless the Arbitrator assesses such expenses...

  18. 31 CFR 501.605 - Reports on litigation, arbitration, and dispute resolution proceedings.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Reports on litigation, arbitration... REPORTING, PROCEDURES AND PENALTIES REGULATIONS Reports § 501.605 Reports on litigation, arbitration, and... States in the case of parts 500 and 515 of this chapter) participating in litigation, arbitration,...

  19. 7 CFR 735.9 - Dispute resolution and arbitration of private parties.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Dispute resolution and arbitration of private parties... ACT General Provisions § 735.9 Dispute resolution and arbitration of private parties. (a) A person may... authorized under the Act may be resolved by the parties through mutually agreed-upon arbitration...

  20. 49 CFR 375.211 - Must I have an arbitration program?

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Must I have an arbitration program? 375.211... Services to My Customers General Responsibilities § 375.211 Must I have an arbitration program? (a) You must have an arbitration program for individual shippers to resolve disputes about property loss...

  1. 75 FR 22540 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-04-29

    ...; ] FEDERAL LABOR RELATIONS AUTHORITY 5 CFR Parts 2425 and 2429 Review of Arbitration Awards; Miscellaneous... public comment on proposed revisions to its regulations concerning review of arbitration awards and the... apply to the review of arbitration awards. The purpose of the proposed revisions is to improve...

  2. 37 CFR 251.64 - Disposition of petition; initiation of arbitration proceeding.

    Science.gov (United States)

    2010-07-01

    ...; initiation of arbitration proceeding. 251.64 Section 251.64 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Rate Adjustment Proceedings § 251.64 Disposition of...

  3. 29 CFR 1420.9 - FMCS deferral to parties' own private interest arbitration procedures.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false FMCS deferral to parties' own private interest arbitration... FMCS deferral to parties' own private interest arbitration procedures. (a) The Service will defer to the parties' own privately agreed to interest arbitration procedure and decline to appoint a Board...

  4. 37 CFR 251.72 - Declaration of controversy: Initiation of arbitration proceeding.

    Science.gov (United States)

    2010-07-01

    ...: Initiation of arbitration proceeding. 251.72 Section 251.72 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Royalty Fee Distribution Proceedings § 251.72 Declaration...

  5. 17 CFR 31.29 - Arbitration or other dispute settlement procedures.

    Science.gov (United States)

    2010-04-01

    ... 17 Commodity and Securities Exchanges 1 2010-04-01 2010-04-01 false Arbitration or other dispute... COMMISSION LEVERAGE TRANSACTIONS § 31.29 Arbitration or other dispute settlement procedures. Each self..., equitable and expeditious procedure, through arbitration or otherwise, for the voluntary settlement of...

  6. 34 CFR 395.37 - Arbitration of State licensing agency complaints.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Arbitration of State licensing agency complaints. 395... FOR THE BLIND ON FEDERAL AND OTHER PROPERTY Federal Property Management § 395.37 Arbitration of State... Secretary shall convene an ad hoc arbitration panel which shall, in accordance with the provisions of 5...

  7. 29 CFR Appendix to 29 Cfr Part 1404 - Arbitration Policy; Schedule of Fees

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Arbitration Policy; Schedule of Fees Appendix to 29 CFR Part 1404 Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Pt. 1404, App. Appendix to 29 CFR Part 1404—Arbitration Policy; Schedule of Fees...

  8. 5 CFR 2471.1 - Request for Panel consideration; request for Panel approval of binding arbitration.

    Science.gov (United States)

    2010-01-01

    ... for Panel approval of binding arbitration. 2471.1 Section 2471.1 Administrative Personnel FEDERAL... consideration; request for Panel approval of binding arbitration. If voluntary arrangements, including the... procedure, which they have agreed to adopt, for binding arbitration of the negotiation impasse by filing...

  9. 37 CFR 251.6 - Composition and selection of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... Copyright Arbitration Royalty Panels. 251.6 Section 251.6 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.6 Composition and selection of...

  10. 48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

    Science.gov (United States)

    2010-10-01

    ... Mandatory Arbitration Agreements. 252.222-7006 Section 252.222-7006 Federal Acquisition Regulations System... Arbitration Agreements. As prescribed in 222.7404, use the following clause: Restrictions on the Use of Mandatory Arbitration Agreements (MAY 2010) (a) Definitions. As used in this clause— Covered...

  11. 7 CFR 900.102 - Filing of applications for mediation or arbitration.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Filing of applications for mediation or arbitration... Sales of Milk or Its Products § 900.102 Filing of applications for mediation or arbitration. All applications for mediation or arbitration, all submissions, and all correspondence regarding mediation...

  12. Principles of law applicable to the arbitration proceedings

    Directory of Open Access Journals (Sweden)

    Diana Loredana HOGAȘ

    2014-12-01

    Full Text Available The essential characteristics of the arbitration are its private nature, voluntary and confidential, which at first glance may give the impression of an institution less "endowed" with strict rules of substantive and procedural law. Parties are free to choose or even to develop rules that may constitute into an arbitration proceeding, compulsory for the parties and arbitrators, respected and applied by them. This contractual freedom of parties is protected, but also limited by a number of principles of law which the legislator deems essential to a right judgment, either in court or in arbitration. The study objectives are the following: to identify the principles of law applicable to the arbitral procedure and their implementation. To achieve those objectives it is used the method of analysis and synthesis, the comparative method, the historical-legal method, the sociological method, the dialectical method and the systematic method. Combining theoretical and practical issues, the work will be of great use to the research, higher education, but not least, and to the practitioners.

  13. An Arbitrated Quantum Signature with Bell States

    Science.gov (United States)

    Liu, Feng; Qin, Su-Juan; Huang, Wei

    2014-05-01

    Entanglement is the main resource in quantum communication. The main aims of the arbitrated quantum signature (AQS) scheme are to present an application of the entanglement in cryptology and to prove the possibility of the quantum signature. More specifically, the main function of quantum entangled states in the existing AQS schemes is to assist the signatory to transfer quantum states to the receiver. However, teleportation and the Leung quantum one-time pad (L-QOTP) algorithm are not enough to design a secure AQS scheme. For example, Pauli operations commute or anticommute with each other, which makes the implementation of attacks easily from the aspects of forgery and disavowal. To conquer this shortcoming, we construct an improved AQS scheme using a new QOTP algorithm. This scheme has three advantages: it randomly uses the Hadamard operation in the new QOTP to resist attacks by using the anticommutativity of nontrivial Pauli operators and it preserves almost all merits in the existing AQS schemes; even in the process of handling disputes, no party has chance to change the message and its signature without being discovered; the receiver can verify the integrity of the signature and discover the disavow of the signatory even in the last step of verification.

  14. Enhanced arbitrated quantum signature scheme using Bell states

    Science.gov (United States)

    Wang, Chao; Liu, Jian-Wei; Shang, Tao

    2014-06-01

    We investigate the existing arbitrated quantum signature schemes as well as their cryptanalysis, including intercept-resend attack and denial-of-service attack. By exploring the loopholes of these schemes, a malicious signatory may successfully disavow signed messages, or the receiver may actively negate the signature from the signatory without being detected. By modifying the existing schemes, we develop counter-measures to these attacks using Bell states. The newly proposed scheme puts forward the security of arbitrated quantum signature. Furthermore, several valuable topics are also presented for further research of the quantum signature scheme.

  15. Critical Review on Indonesia's Drawbacks as a Preferable Seat of Arbitration

    Directory of Open Access Journals (Sweden)

    - Setyawati

    2013-01-01

    Full Text Available Indonesia as a developing country is in the urgent need to improve its arbitration law and practice. One of the reasons is because Indonesia may gain many advantages by such improvement, such as: increase of its international reputation as a safe place to invest or conduct trading since there is an assurance that future disputes may be promptly solved through arbitration. One way to improve Indonesia arbitration practice is by creating the jurisdiction as a friendly place to arbitrate, which firstly shall be analysed by reviewing its drawbacks as a preferable seat of arbitration, specifically on the procedure to enforce arbitral awards and the respective judicial supports to conduct arbitration within the jurisdiction.

  16. The Implications of International Treaty Arbitration for International Commercial Arbitration and the Reform of International Treaty Arbitration%投资条约仲裁对“国际商事仲裁”之借鉴与改革

    Institute of Scientific and Technical Information of China (English)

    袁杜娟

    2012-01-01

    Investment treaty arbitration has been established based on international commercial arbitration, reflecting not only the basic features of international commercial arbitration in provisions, but also the value orientation of international commercial arbitration in practice. Investment treaty arbitration differs from international commercial arbitration inparticipants in a dispute, dispute issues and the basis of the jurisdiction of arbitral tribunal. In order to avoid the conflict between investment treaty arbitration and international commercial arbitration, some international organizations and countries begin the efforts to reform investment treaty arbitration, which could be regarded as the development of international commercial arbitration.%投资条约仲裁是以国际商事仲裁为模板建立的,其不仅在具体规则中体现了“国际商事仲裁”的基本特性,同时其实践中无不体现“国际商事仲裁”的价值取向。投资条约仲裁在争端主体、争议事项、仲裁庭管辖权之基础等多方面存在特殊性。为避免投资条约仲裁与国际商事仲裁“秘密性”等原则相冲突,一些国际组织和国家开始了改革投资条约仲裁的努力,这些努力可以视为对国际商事仲裁的发展起来。

  17. A Plan to Reduce Arbitration and Negotiation Impasses.

    Science.gov (United States)

    LaCugna, Charles S.

    This manual presents a proposal to reduce arbitration or negotiation impasses and to accommodate conflicting interests by selecting a permanent neutral to monitor labor relations both during the term of the agreement and during contract negotiations. Part 1 describes the role of the permanent neutral during the term of the collective bargaining…

  18. Grievance Procedures and Grievance Arbitration in Public Education.

    Science.gov (United States)

    Neal, Richard G.

    In the first section on grievance procedures, this report gives important suggestions to administrators and teachers, discusses the roles of administrators and chapter chairmen in grievance processing, and provides a one-page grievance formula. In the second section on grievance arbitration, the report (1) discusses the rationale for binding…

  19. 5 CFR 9701.522 - Exceptions to arbitration awards.

    Science.gov (United States)

    2010-01-01

    ... 5 CFR part 550, subpart H). (c) Nothing in this section prevents the HSLRB from determining its own... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Exceptions to arbitration awards. 9701... SECURITY HUMAN RESOURCES MANAGEMENT SYSTEM Labor-Management Relations § 9701.522 Exceptions to...

  20. THE EFFICACY OF THE ARBITRATION CLAUSE IN A SIMULATED ACT

    Directory of Open Access Journals (Sweden)

    Tudor Vlad RĂDULESCU

    2016-05-01

    Full Text Available The article focuses on the effects that an arbitration clause can still produce when it is contained in a simulated operation, whether it is in the apparent act or in the secret one, depending on the forms of simulation.

  1. 77 FR 19591 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-04-02

    ..., EP 699 (STB served Aug. 20, 2010). \\3\\ Assessment of Mediation and Arbitration Procedures, 75 FR 52... convenience and necessity (PCN). Thus, these procedures would not be available to obtain the grant, denial... proceeding, the Board would give due consideration to that resolution in weighing the PCN. These rules...

  2. Performance Analysis on Router Arbitration for On-chip Networking

    Directory of Open Access Journals (Sweden)

    G. Selvaraj

    2014-08-01

    Full Text Available This study is a comprehensive report on performance analyses of Round Robin and matrix arbitrations to enhance the reliability of on-chip networks. Arbiter is used in Network-on-Chip (NoC router when number of input ports requested is the same as output ports. If many inputs are requested for same output port, the matrix arbiter deals it by forming a 5×5 matrix based on input and output ports. Next, it allots the priority to the requested input ports and simultaneously generates a control signal for selecting the input port to send the packet to output port. The Robin arbiter generates the grant signal on the basis of priority allotted to the input ports. The simulation results of arbitration analysis shows that the router design of front end model consumes less power by 8% and occupies smaller area by 3% on chip. The area on chip is around 64% of available area using Round Robin arbitration compare to that of matrix arbitration. This study also implements hamming distance in order to check the error free data transmission of the NoC router.

  3. Multi-party arbitration in international trade: problems and solutions

    DEFF Research Database (Denmark)

    Siig, Kristina

    2007-01-01

    of dispute resolution in a multy-party set-up. Both the possible legal bases and the problems encountered are considere. It is concluded that arbitration is still the only real option to the parties in international business disputes and that many of the shortcomings  may be contered by skilful drafting...

  4. THE EFFICACY OF THE ARBITRATION CLAUSE IN A SIMULATED ACT

    Directory of Open Access Journals (Sweden)

    Tudor Vlad RĂDULESCU

    2016-12-01

    Full Text Available The article focuses on the effects that an arbitration clause can still produce when it is contained in a simulated operation, whether it is in the apparent act or in the secret one, depending on the forms of simulation.

  5. 29 CFR Appendix to Part 1440 - FIFRA Arbitration Rules

    Science.gov (United States)

    2010-07-01

    ... and Conciliation Service. (12) Party means claimant or respondent. (13) Person means any individual...) Respondent means the person against whom a claim is made under section 3(c)(1)(D) or 3(c)(2)(B)(iii) of the... impartiality, including any bias or any financial or personal interest in the result of the arbitration or...

  6. Resolving Ethical Disputes Through Arbitration: An Alternative to Code Penalties.

    Science.gov (United States)

    Barwis, Gail Lund

    Arbitration cases involving journalism ethics can be grouped into three major categories: outside activities that lead to conflicts of interest, acceptance of gifts that compromise journalistic objectivity, and writing false or misleading information or failing to check facts or correct errors. In most instances, failure to adhere to ethical…

  7. Improving International Arbitration in Mainland China:Problems and Recommendations on National and Institutional Levels

    Institute of Scientific and Technical Information of China (English)

    Felicity; Conrad

    2012-01-01

    正I. Introduction Arbitration in the People's Republic of China ( "PRC") is growing at a rapid rate.①Yet international parties,who are free to stipulate their choice of international arbitration institution in their commercial contracts,often shy away from Chinese institutions.②Instead they opt for regional bodies such as the Singapore International Arbitration Centre ( "SIAC") ,or internationally recognized institutions such as the

  8. ‘MODERN ARBITRATION LEGISLATION’: A COMPARISON BETWEEN AUSTRALIAN AND INDONESIAN LAWS

    Directory of Open Access Journals (Sweden)

    Rina Shahriyani Shahrullah

    2012-10-01

    Full Text Available This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth and the International Arbitration Amendment Act 2010 (Cth of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to more acceptable in the practices of international commersial arbitration to day. Furthermore, the adaption of the Model Law also assists to clarity the Indonesian approach to the appircation of public policy principle which can be used to resest arbitral awards in Indonesia. Penelitian ini mempelajari Undang-undang Nomor 30 Tahun 1999 untuk mengetahui apakah hukum di Indonesia tergolong ke dalam aturan arbitrase modern dalam arbitrase komersial internasional. Penulis membandingkan Undang-undang Nomor 30 Tahun 1999 dengan International Arbitration Act 1974 (Cth dan International Arbitration Amendment Act 2010 (Cth di Australia. Dalam penelitian ini, penulis menemukan bahwa Model Law dapat diadopsi oleh Indonesia untuk memodernisasikan hukum arbitrasenya agar dapat lebih diterima dalam praktek arbitrase niaga internasional. Diadopsinya Model Law dapat juga membantu mengklarifikasi pendekatan Indonesia terhadap aplikasi kebijakan publik yang dapat dipergunakan untuk menentang putusan arbitrase di Indonesia.

  9. 75 FR 42283 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-07-21

    ... unavailable. Third, one commenter stated that overseas organizations are sometimes subject to slow delivery of... fashion. In addition, the commenter stated that some agencies have expedited arbitration procedures...

  10. Arbitrated quantum signature scheme based on cluster states

    Science.gov (United States)

    Yang, Yu-Guang; Lei, He; Liu, Zhi-Chao; Zhou, Yi-Hua; Shi, Wei-Min

    2016-06-01

    Cluster states can be exploited for some tasks such as topological one-way computation, quantum error correction, teleportation and dense coding. In this paper, we investigate and propose an arbitrated quantum signature scheme with cluster states. The cluster states are used for quantum key distribution and quantum signature. The proposed scheme can achieve an efficiency of 100 %. Finally, we also discuss its security against various attacks.

  11. Hubert C. Wyckoff: Volume 2: Attorney and Labor Arbitrator

    OpenAIRE

    Wyckoff, Hubert C.; Jarrell, Randall; Johnson, Doris; Regional History Project, UCSC Library

    1985-01-01

    Mr. Wyckoff's education at University of California, Berkeley, Harvard Law School, and Hastings College of Law. Early years of legal career in the United States Attorney General's office in Northern California; private legal practice in San Francisco; work as Deputy Administrator for Maritime Labor in the United States War Shipping Administration, 1942-46; history of maritime labor relations and US Merchant Marine; the history of wartime and postwar labor arbitration as an emerging legal fiel...

  12. Arbitration between Action Strategies in Obsessive-Compulsive Disorder.

    Science.gov (United States)

    Gruner, Patricia; Anticevic, Alan; Lee, Daeyeol; Pittenger, Christopher

    2016-04-01

    Decision making in a complex world, characterized both by predictable regularities and by frequent departures from the norm, requires dynamic switching between rapid habit-like, automatic processes and slower, more flexible evaluative processes. These strategies, formalized as "model-free" and "model-based" reinforcement learning algorithms, respectively, can lead to divergent behavioral outcomes, requiring a mechanism to arbitrate between them in a context-appropriate manner. Recent data suggest that individuals with obsessive-compulsive disorder (OCD) rely excessively on inflexible habit-like decision making during reinforcement-driven learning. We propose that inflexible reliance on habit in OCD may reflect a functional weakness in the mechanism for context-appropriate dynamic arbitration between model-free and model-based decision making. Support for this hypothesis derives from emerging functional imaging findings. A deficit in arbitration in OCD may help reconcile evidence for excessive reliance on habit in rewarded learning tasks with an older literature suggesting inappropriate recruitment of circuitry associated with model-based decision making in unreinforced procedural learning. The hypothesized deficit and corresponding circuitry may be a particularly fruitful target for interventions, including cognitive remediation.

  13. Comparing the Efficacy of Arbitration and Family Counseling Process on

    Directory of Open Access Journals (Sweden)

    Sedegheh Alimardani

    2010-07-01

    Full Text Available AbstractThe purpose of this study is to investigate the effect of arbitration on decrease of matrimonial conflicts todivorce of married couple who asked for divorce and to compare it with the process of consultation.In this study, 15 pairs for arbitration and 15 pairs for consultation are selected among married couple fromsocial services of "adoption institution" in Isfahan, who had come to the interfering in family center, todecrease the divorce.The research procedure was consisted of two methods:1 Descriptive (survey2 Quasi experimental with pre-test and post –test.To collect datum, Sanaei and Barati matrimonial conflicts questionaire and Ghalili andFatehizadeh.matrimonial conflicts questionnaire have been used. To analyze the results SPSS software hasbeen used.The results show that the process of arbitration doesn’t have influence on decrease of matrimonialconflicts and its dimensions in married couple who ask for divorce (p>0.05, whereas the process ofconsultation has influence on decease of matrimonial conflicts and its dimensions in married couple who askfor divorce (p0.05.

  14. Constitutionalization of arbitration in Peru: some considerations around relationship among arbitration, Constitution, fundamental rights and Rule of law

    Directory of Open Access Journals (Sweden)

    Reynaldo Bustamante Alarcón

    2013-12-01

    Full Text Available This article point out the progressive enrichment by which fundamental rights concept have gone through, providing to holders—government and individuals— not only rights, liberties, powers and immunity but also the obligation to respect, defend, guarantee and promote all them regardless the conduct displayed by the holder in this field. With this in mind, the author examines arbitration definition and main characteristics, highlighting its constitutional dimension proposing a systematic reading in accordance with fundamental rights.

  15. 36 CFR 51.57 - How does a concessioner request arbitration of the construction cost of a capital improvement?

    Science.gov (United States)

    2010-07-01

    ... request arbitration of the construction cost of a capital improvement? 51.57 Section 51.57 Parks, Forests... Surrender Interest § 51.57 How does a concessioner request arbitration of the construction cost of a capital improvement? If a concessioner requests arbitration of the construction cost of a capital...

  16. Arbitrability of EU competition law-based claims : Where do we stand after the CDC hydrogen peroxide case?

    NARCIS (Netherlands)

    Geradin, Damien; Villano, Emilio

    2016-01-01

    In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under the o

  17. Confession and Carrying into Execution of Foreign Arbitration Courts' Decisions: Reciprocity and Public Policy

    Science.gov (United States)

    Sarina, Salima A.; Nukusheva, Aigul A.; Kalmagambetov, Kassym S.; Kumysbekova, Zhanara T.; Nesterova, Elena V.

    2016-01-01

    The article contains a comparative analysis of foreign arbitration courts' decisions, ensuring the reciprocity and public policy. The aim of the study is to explore such aspects as reciprocity and public policy of arbitration courts. The result is the view of the public policy, despite its apparent irrelevance in today's Kazakhstan, which is of…

  18. The Impact of the Duty of Fair Representation upon Labor Arbitration.

    Science.gov (United States)

    Rabin, Robert J.

    1978-01-01

    The doctrine of fair representation of employees by unions is first discussed in general terms, then the doctrine is discussed as it relates to a union's decision to take a case to arbitration, and, finally, the impact of the doctrine on the arbitration process is explored. Available from Syracuse University College of Law, Syracuse, New York…

  19. Arbitration Intervention Worker (AIW) Services: Case Management Overlay in a Juvenile Diversion Program

    Science.gov (United States)

    Poythress, Norman G.; Dembo, Richard; DuDell, Gary; Wareham, Jennifer

    2006-01-01

    In this issue we describe a clinical trials study of the impact of adding specific case manager overlay services to "treatment as usual" services for youths in a Juvenile Arbitration Program. In this first article we describe the experimental intervention, the Arbitration Intervention Worker (AIW) service, which was provided to a randomly selected…

  20. Improving Grievance Arbitration: The Practitioners Speak. Working Paper 1973-07.

    Science.gov (United States)

    Davey, Harold W.

    Grievance arbitration is utilized on a nearly universal basis, but the process is malfunctioning in several ways. The study was based on a review of the literature, in field interviews, and in-depth correspondence with knowledgeable management and union practitioners; findings are limited to the arbitration step in contract administration. Twenty…

  1. 34 CFR 395.13 - Evidentiary hearings and arbitration of vendor complaints.

    Science.gov (United States)

    2010-07-01

    ... 34 Education 2 2010-07-01 2010-07-01 false Evidentiary hearings and arbitration of vendor... hearings and arbitration of vendor complaints. (a) The State licensing agency shall specify in writing and... is necessary for the conduct of a full evidentiary hearing or the hearing of an ad hoc...

  2. Grievance and Arbitration Practices and Decisions in Schools: Outcomes of Rational Decision Making?

    Science.gov (United States)

    Osborne-Lampkin, La'Tara

    2010-01-01

    Some researchers suggest that grievance procedures and the arbitration process are effective tools that encourage careful decision making by school districts and administrative staff in the handling of personnel decisions (Shipley, 1974). Others contend that grievance procedures, which typically include arbitration as the final stage of the…

  3. The Roles of the Supreme Court of the Republic Indonesia in Enforcement of International Arbitral Awards in Indonesia

    Directory of Open Access Journals (Sweden)

    Mutiara Hikmah

    2013-09-01

    Full Text Available Indonesia has been being a member of the 1958 New York Convention since 1981, namely upon issuance of the Presidential Decree No. 34 of 1981. Prior to taking into force of the Regulation of the Supreme Court of the Republic of Indonesia No. 1 of 1990 on Procedures for Enforcement of Foreign Arbitral awards, there were still constraints for the foreign business players in term of enforcement of arbitral awards in Indonesia. The Supreme Court as the highest judicial institution in Indonesia holds that international arbitral awards can not be enforced in Indonesia. After the Indonesian Supreme Court has issued such a regulation, enforcement of international arbitral awards in Indonesia began to be enforceable, because the procedural law that governs the procedures for execution of arbitral awards has been clear. In order to regulate better the international arbitral award problems in the hierarchy of legislation, on October 12, 1999, the Law on Arbitration and Alternative Dispute Resolution was promulgated. In that Law, there is a special part discussing the International Arbitration. This study examines the development of international arbitral award enforcement in Indonesia before Indonesia becoming member of the 1958 New York Convention, until nowadays, by analyzing the international arbitral awards that were decided by the Supreme Court of the Republic of Indonesia after the coming into effect of the Arbitration Law.

  4. On the security of arbitrated quantum signature schemes

    Science.gov (United States)

    Li, Qin; Li, Chengqing; Wen, Zhonghua; Zhao, Weizhong; Chan, Wai Hong

    2013-01-01

    Due to the potential capability of providing unconditional security, arbitrated quantum signature (AQS) schemes, whose implementation depends on the participation of a trusted third party, received intense attention in the past decade. Recently, some typical AQS schemes were cryptanalyzed and improved. In this paper, we analyze the security property of some AQS schemes and show that all the previous AQS schemes, no matter whether original or improved, are still insecure in the sense that the messages and the corresponding signatures can be exchanged among different receivers, allowing the receivers to deny having accepted the signature of an appointed message. Some further improved methods on the AQS schemes are also discussed.

  5. Improving the security of arbitrated quantum signature protocols

    CERN Document Server

    Sun, Zhiwei; Long, Dongyang

    2011-01-01

    Arbitrated quantum signatures (AQS), for signing quantum message, have been proposed. It was claimed that the AQS schemes could guarantee unconditional security. However, we show that all the presented AQS protocols are insecure if quantum one-time pad encryption is used. Our attack and security analysis show that the signer (Alice) can always successfully acquire Bob's secret key and disavow any of her signatures. So the original version of the protocol is revised. As a consequence, the attack we present can be prevented, and accordingly the security of the protocol is improved.

  6. On the security of arbitrated quantum signature schemes

    CERN Document Server

    Li, Qin; Wen, Zhonghua; Zhao, Weizhong; Chan, W H

    2012-01-01

    Due to potential capability of providing unconditional security, arbitrated quantum signature (AQS) schemes, whose implementation depends on the participation of a trusted third party, received intense attention in the past decade. Recently, some typical AQS schemes were cryptanalyzed and improved. In this paper, we analyze security property of some AQS schemes and show that all the previous AQS schemes, no matter original or improved, are still insecure in the sense that the messages and the corresponding signatures can be exchanged among different receivers, allowing the receivers to deny accepting the signature of an appointed message. Some further improvement methods on the AQS schemes are also discussed.

  7. To the Question of the Russian Federation Law "About the International Commercial Arbitration" Сhanges

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2014-03-01

    Full Text Available The UN Commission on International Trade Law (UNCITRAL has prepared a Model Law on International Commercial Arbitration (1985, which became the main legislation on arbitration for nearly 70 countries, including Russian Federation, and, thereby, set world legislation standards for arbitration. A number of other international instruments were adopted. In the present article authors consider questions of international law and national regulatory activities of international commercial arbitration tribunals in general, as well as present detail of the provisions of law introduced to the State Duma of the Federal Assembly of the Russian Federation on amendments to the Law of the Russian Federation "On International Commercial Arbitration", which is aimed to align provisions of Russian legislation on international commercial arbitration with internationally recognized legislative approaches on key aspects of international commercial arbitration management practice. Author illustrates process of bill consideration and provide detailed characterization of the proposed changes. In addition to considering proposed innovations, authors critically analyze possible implications of the bill as amended and present opinions of specialists, experts, jurists, as well as represent their own justification.

  8. Arbitrated Quantum Signature Scheme with Continuous-Variable Coherent States

    Science.gov (United States)

    Guo, Ying; Feng, Yanyan; Huang, Dazu; Shi, Jinjing

    2016-04-01

    Motivated by the revealing features of the continuous-variable (CV) quantum cryptography, we suggest an arbitrated quantum signature (AQS) protocol with CV coherent states. It involves three participants, i.e., the signer Alice, the verifier Bob and the arbitrator Charlie who is trustworthy by Alice and Bob. Three phases initializing phase, signing phase and verifying phase are included in our protocol. The security of the signature scheme is guaranteed by the generation of the shared keys via the CV-based quantum key distribution (CV-QKD) and the implementation process of the CV-based quantum teleportation as well. Security analysis demonstrates that the signature can be neither forged by anyone nor disavowed by the receiver and signer. Moreover, the authenticity and integrality of the transmitted messages can be ensured. The paper shows that a potential high-speed quantum signature scheme with high detection efficiency and repetition rate can be realized when compared to the discrete-variable (DV) quantum signature scheme attributing to the well characteristics of CV-QKD.

  9. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-12-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions oftransnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two disputesettlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relatingto the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting inthe negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played bythe parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how thesemechanisms relate and/or conflict with bilateral tax treaties and theGATS.

  10. Political ideology and labor arbitrators' decision making in work-family conflict cases.

    Science.gov (United States)

    Biernat, Monica; Malin, Martin H

    2008-07-01

    Labor arbitrators were asked to render decisions about grievances brought by employees who had been fired because of problems created by work conflicts with family responsibilities. The study examined the effects of experimentally manipulated grievant attributes (gender, type of work-family conflict) as well as arbitrator attributes (gender, political ideology) on decision making. When employees were depicted as having had child care problems, liberal arbitrators tended to favor female over male grievants, and political conservatism predicted more favorable judgments rendered toward male grievants. Overall, the data suggest that child care responsibilities cue different patterns of gender bias among liberal and conservative decision makers.

  11. On the "Security analysis and improvements of arbitrated quantum signature schemes"

    CERN Document Server

    Chong, Song-Kong; Hwang, Tzonelih

    2011-01-01

    Recently, Zou et al. [Phys. Rev. A 82, 042325 (2010)] pointed out that two arbitrated quantum signature (AQS) schemes are not secure, because an arbitrator cannot arbitrate the dispute between two users when a receiver repudiates the integrity of a signature. By using a public board, they try to propose two AQS schemes to solve the problem. This work shows that the same security problem may exist in their schemes and also a malicious party can reveal the other party's secret key without being detected by using the Trojan-horse attacks. Accordingly, two basic properties of a quantum signature, i.e. unforgeability and undeniability, may not be satisfied in their scheme.

  12. Effects of Charter Party Arbitration Clauses Under the New Turkish Commercial Code

    Directory of Open Access Journals (Sweden)

    Didem Algantürk Light

    2016-06-01

    Full Text Available The New Turkish Commercial Code has became effective on 1 July 2012. The new Code covers bareboat charterparty, time charterparty, voyage charterparty and contracts of carriage by sea which is defined in general terms. On the other hand, Turkey is the one of the conracting State of Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958 as well as European Convention on International Commercial Arbitration, 1961. In this study, we will examine the effects of the charter party arbitration clauses under the new Turkish Commercial Code and discuss the characteristics of the clauses to be valid under Turkish Law.

  13. Enhancement on "Security analysis and improvements of arbitrated quantum signature schemes"

    CERN Document Server

    Hwang, Tzonelih; Chong, Song-Kong

    2011-01-01

    Recently, Zou et al. [Phys. Rev. A 82, 042325 (2010)] demonstrated that two arbitrated quantum signature (AQS) schemes are not secure, because an arbitrator cannot arbitrate the dispute between two users when a receiver repudiates the integrity of a signature. By using a public board, Zou et al. proposed two AQS schemes to solve the problem. This work shows that the same security problem may exist in Zou et al.'s schemes and also that a malicious party can reveal the other party's secret key without being detected by using Trojan-horse attacks. Accordingly, an improved scheme is proposed to resolve the problems.

  14. Decision Announced in Green Bank Telescope Arbitration Case

    Science.gov (United States)

    2001-02-01

    A decision has been reached by the arbitrator in the dispute between COMSAT Corporation, now part of Lockheed-Martin Global Telecommunications, and Associated Universities, Inc. (AUI) regarding additional costs on the contract to design and construct the Robert C. Byrd Green Bank Telescope (GBT). The GBT, in West Virginia, is the world's largest fully steerable radio telescope, the newest facility in the National Radio Astronomy Observatory's (NRAO) suite of astronomical instruments. The decision, released by the American Arbitration Association (AAA), calls for AUI, which operates the NRAO, to pay COMSAT 4.07 million over the fixed-price contract amount. The contract had standard provisions for disputes, which specify binding arbitration through the AAA for matters that could not be resolved in negotiation. The Robert C. Byrd Green Bank Telescope The contract to design and construct the GBT had an agreed fixed price of 55 million, with work to begin on December 19, 1990 and to be completed by the end of 1994. The contract terms required the telescope to be designed and built to performance specifications, placing most of the performance risks associated with the project on the contractor. The telescope was accepted from the contractor on October 13, 2000, nearly six years later than the original contract delivery date. During the entire period of contract work the only agreed change in scope was a single change order for 150,000 executed in August of 1993. In 1998, COMSAT sought an additional payment of approximately 29 million above the contracted amount, alleging that AUI/NRAO had forced it to conduct unnecessary work on the telescope design and to build the telescope to an unreasonable life cycle (fatigue) specification. COMSAT also claimed that AUI/NRAO was obligated to pay the costs of accommodating what it claimed to be additional wind loads. COMSAT blamed these circumstances for its delay in completing the project on time and within the contract price. AUI

  15. Education for All the Handicapped Children Act, Hearing Officer and the Labor Arbitrator.

    Science.gov (United States)

    Fox, M. J., Jr.; Stack, William B.

    1979-01-01

    The authors review the qualifications for hearing officers required in Public Law 94-142 and suggest that practicing labor arbitrators in the public and private sectors be considered for use as hearing officers. (Author/IRT)

  16. The Role of Customary Arbitration in the Resolution of Disputes among Nigerian Indigenous Communities

    Directory of Open Access Journals (Sweden)

    T. Kehinde Adekunle

    2015-12-01

    Full Text Available Central to the issue of resolution of any disputes is the mechanism adopted in handling it. Customary arbitration is, thus, one of the recognised methods of resolving disputes among the indigenes of Nigeria. Unlike the Western adversarial method of settling disputes under which the winner-takes-all, customary arbitration aimed at reconciling the parties to disputes after effecting settlement. The question, however, is whether customary arbitration has any relevance among Nigerian indigenous communities and whether it has made any impact on the maintenance of societal equilibrium. This paper, therefore, examined the issues involved in customary arbitration such as the ingredients that make it work, conditions of its validity and its effect on the state of the society with a view to making it work more effectively among the indigenes.

  17. The Reasons Requirement in International Investment Arbitration: Critical Case Studies (book review)

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2008-01-01

    3. In the article, the Researcher reviews the work of Professors Guillermo A. Alvarez and W. Michael Reisman from Yale Law School, regarding the mechanisms of international investment arbitration and their importance for developing countries. The article provides a critical perspective on the aut......3. In the article, the Researcher reviews the work of Professors Guillermo A. Alvarez and W. Michael Reisman from Yale Law School, regarding the mechanisms of international investment arbitration and their importance for developing countries. The article provides a critical perspective...... on the authors’ argument that arbitrators in investment disputes do not follow any standards of reasoning in their decisions. It particularly points out how the authors seem to overlook the inherently sui generis nature of investment arbitration mechanisms, given that private investors and sovereign states...

  18. A Chaos-based Arbitrated Quantum Signature Scheme in Quantum Crypotosystem

    Science.gov (United States)

    Wang, Yijun; Xu, Ke; Guo, Ying

    2014-01-01

    An arbitrated quantum signature (AQS) scheme is demonstrated on a basis of an improved quantum chaotic encryption algorithm using the quantum one-time pad with a chaotic operation string. In this scheme, the signatory signs the message while the receiver verifies the signature's validity with the aid of the trusty arbitrator who plays a crucial role when a possible dispute arises. Analysis shows that the signature can neither be forged nor disavowed by any malicious attackers.

  19. An Artificial Intelligence-Based Approach for Arbitration in Food Chains

    OpenAIRE

    Thomopoulos, Rallou; Bourguet, Jean-Rémi; Abécassis, Joël

    2011-01-01

    International audience; Food chain analysis is a highly complex procedure since it relies on numerous criteria of various types: environmental, economical, functional, sanitary, etc. Quality objectives imply different stakeholders, technicians, managers, professional organizations, end-users, public collectivities, etc. Since the goals of the implied stakeholders may be divergent, decision-making raises arbitration issues. Arbitration can be done through a compromise - a solution that satisfi...

  20. Security of the arbitrated quantum signature protocols revisited

    Science.gov (United States)

    Kejia, Zhang; Dan, Li; Qi, Su

    2014-01-01

    Recently, much attention has been paid to the study of arbitrated quantum signature (AQS). Among these studies, the cryptanalysis of some AQS protocols and a series of improved ideas have been proposed. Compared with the previous analysis, we present a security criterion, which can judge whether an AQS protocol is able to prevent the receiver (i.e. one participant in the signature protocol) from forging a legal signature. According to our results, it can be seen that most AQS protocols which are based on the Zeng and Keitel (ZK) model are susceptible to a forgery attack. Furthermore, we present an improved idea of the ZK protocol. Finally, some supplement discussions and several interesting topics are provided.

  1. Reexamination of arbitrated quantum signature: the impossible and the possible

    Science.gov (United States)

    Zhang, Ke-Jia; Qin, Su-Juan; Sun, Ying; Song, Ting-Ting; Su, Qi

    2013-09-01

    As a new model for signing both quantum and classical messages, the arbitrated quantum signature (AQS) protocols have recently attracted a lot of attentions. In this paper, we analyze their security from an important security aspect—the receiver's forgery of the signature, and provide a detailed proof of the fact that the attempt to design an improved optimal encryption used in AQS cannot prevent the receiver's forgery attack unless some assistant security strategies are introduced. In order to show that, we firstly summarize an explicit formalization of the general AQS model and propose the necessary and sufficient conditions against the receiver's forgery attack. Then a contradiction of them has been pointed out. In order to complete our security analysis, we verify that the AQS protocols for signing classic messages are still susceptible to the receiver's forgery. Finally, some assistant security strategies are provided to recover the security.

  2. An arbitrated quantum signature scheme with fast signing and verifying

    Science.gov (United States)

    Liu, Feng; Qin, Su-Juan; Su, Qi

    2013-11-01

    Existing arbitrated quantum signature (AQS) schemes are almost all based on the Leung quantum one-time pad (L-QOTP) algorithm. In these schemes, the receiver can achieve an existential forgery of the sender's signatures under the known message attack, and the sender can successfully disavow any of her/his signatures by a simple attack. In this paper, a solution of solving the problems is given, through designing a new QOTP algorithm relying largely on inserting decoy states into fixed insertion positions. Furthermore, we present an AQS scheme with fast signing and verifying, which is based on the new QOTP algorithm. It is just using single particle states and is unconditional secure. To fulfill the functions of AQS schemes, our scheme needs a significantly lower computational costs than that required by other AQS schemes based on the L-QOTP algorithm.

  3. Quantum blind dual-signature scheme without arbitrator

    Science.gov (United States)

    Li, Wei; Shi, Ronghua; Huang, Dazu; Shi, Jinjing; Guo, Ying

    2016-03-01

    Motivated by the elegant features of a bind signature, we suggest the design of a quantum blind dual-signature scheme with three phases, i.e., initial phase, signing phase and verification phase. Different from conventional schemes, legal messages are signed not only by the blind signatory but also by the sender in the signing phase. It does not rely much on an arbitrator in the verification phase as the previous quantum signature schemes usually do. The security is guaranteed by entanglement in quantum information processing. Security analysis demonstrates that the signature can be neither forged nor disavowed by illegal participants or attacker. It provides a potential application for e-commerce or e-payment systems with the current technology.

  4. The mutual agreement procedure and arbitration of double taxation disputes

    Directory of Open Access Journals (Sweden)

    Ilias Bantekas

    2008-10-01

    Full Text Available It is in the interest of most states to eliminate double taxation (i.e. the payment of the same tax in two jurisdictions of transnational commercial enterprises. Because such disputes involve, on the one hand, the state imposition of taxes, a right universally asserted by all states, and private entities on the other, taxation disputes between such parties are not, on their face, easily susceptible to arbitration. This article analyzes two dispute settlement procedures-the OECD First Model Tax Convention and a similar EU Convention-with the exclusive focus on disputes relating to the imposition of double taxation. It will look at the ways in which state roles may vary under these procedures from assisting in the negotiation process to taking a part similar to, but with important differences from, diplomatic protection on behalf of an affected enterprise. The article will examine the situations under which the settlement procedure is required and/or available, how the procedures are triggered, the obligations and parts played by the parties, the means by which the disputes are resolved (from negotiations to tribunals and the limitations of the procedures. Are they “taxpayer friendly”? As a result the reader may draw comparisons between the two procedures. Finally, the article will look at the proposed OECD Arbitration Clause which is intended to be incorporated into Article 25 of the OECD Model Tax Convention as well as how these mechanisms relate and/or conflict with bilateral tax treaties and the GATS.

  5. Some Comments on the Preliminary Ruling of the South China Sea Arbitration Case

    Institute of Scientific and Technical Information of China (English)

    Luo Guoqiang

    2016-01-01

    The preliminary ruling by the South China Sea arbitration case gives a number of explanations on the UN Convention, which are in favor of the Philippines, especially the Arbitral Tribunal made preliminary ruling over the appeal demands unclearly excluded by both the UN Convention and the Chinese Statement and established jurisdiction, but made no preliminary ruling regarding the clearly excluded appeal demands, and established them directly into the substantive consideration, and that phenomenon has strong subjective approach. The preliminary ruling is the joint processing of legal abuse by the Arbitral Tribunal and the Philippine side, so the hope on the Arbitration case should not be placed on the inside of the Arbitral Tribunal but on the outside of the Arbitral Tribunal. The matters established under the jurisdiction by the preliminary ruling is not related to the core matter of the South China Sea disputes, bears a little practical impact on the Chinese side. However, the Arbitral Tribunal may take the opportunity to review the "historic rights" such as those excluded in order to give covert support to the Philippines and other islands-claiming countries so as to affect the overall situation of the case. In view of the defects in designing of Annex Ⅶ of the UN Convention and the possible abuse of the system, the Chinese side should get prepared. Only on the basis of internationally accepted practice and the UN Convention, should China make rational and convincing arguments, recognize the preliminary ruling is the result of legal abuse, and safeguard national rights and interest with the international law and prevent the civil abuse actions.

  6. 10 CFR 708.13 - What must an employee do to show that all grievance-arbitration procedures have been exhausted?

    Science.gov (United States)

    2010-01-01

    ...-arbitration procedures have been exhausted? 708.13 Section 708.13 Energy DEPARTMENT OF ENERGY DOE CONTRACTOR... that all grievance-arbitration procedures have been exhausted? (a) To show that you have exhausted all applicable grievance-arbitration procedures, you must: (1) State that all available opportunities...

  7. The Application of the lura Novit Curia Principle in International Commercial Arbitration

    Directory of Open Access Journals (Sweden)

    Nigel Blackaby

    2014-02-01

    Full Text Available Despite its recognition in different jurisdictions, the application of the iura novit curia principle in international commercial arbitration has been subject to debate. From the most liberal point of view, the principle is entirely applicable to international commercial arbitration in the same way that it would be applied by a judge when rendering a decision under his national law. However, from the most conservative standpoint, any manifestation of this principle allowing arbitrators to take the initiative in raising new legal issues during the proceedings must be completely rejected. Taking as a premise that, generally speaking, members of an international arbitral tribunal are not familiar with the law applicable to the disputes that are brought to them and that they have no experience or practical knowledge regarding such law, the application of the iura novit curia principle in its purest form would not be adequate in the context of international commercial arbitration given its contractual nature and the interests involved. On the other hand, an outright rejection of this principle in international commercial arbitration would tie the hands of arbitrators and create the risk of awards being rendered that either ignore or contradict rules or principles that form part of the applicable law, which could lead to challenges to their validity or later enforcement. For this reason, in order for iura novit curia to be applied in the context of international commercial arbitration, an intermediate approach should be adopted. This involves a significant adaptation of the principle, so that some of its manifestations could be accepted in exceptional circumstances as a tool that arbitrators could use in order to fully comply with duties that are inherent to their decision-making function, including the duty not to exceed the jurisdiction conferred upon them by the parties, the duty to render awards that are valid, enforceable and in

  8. Neural computations underlying arbitration between model-based and model-free learning.

    Science.gov (United States)

    Lee, Sang Wan; Shimojo, Shinsuke; O'Doherty, John P

    2014-02-01

    There is accumulating neural evidence to support the existence of two distinct systems for guiding action selection, a deliberative "model-based" and a reflexive "model-free" system. However, little is known about how the brain determines which of these systems controls behavior at one moment in time. We provide evidence for an arbitration mechanism that allocates the degree of control over behavior by model-based and model-free systems as a function of the reliability of their respective predictions. We show that the inferior lateral prefrontal and frontopolar cortex encode both reliability signals and the output of a comparison between those signals, implicating these regions in the arbitration process. Moreover, connectivity between these regions and model-free valuation areas is negatively modulated by the degree of model-based control in the arbitrator, suggesting that arbitration may work through modulation of the model-free valuation system when the arbitrator deems that the model-based system should drive behavior.

  9. 76 FR 15359 - Notice of Proposed Revision to Guidance for the Use of Binding Arbitration Under the...

    Science.gov (United States)

    2011-03-21

    ... Federal Register on January 17, 2008 (73 FR 3316). II. Background On March 4, 2004, FMCSA published in the Federal Register (69 FR 10288) its Guidance for the use of binding arbitration as an alternative dispute... Binding Arbitration Under the Administrative Dispute Resolution Act of 1996 AGENCY: Federal Motor...

  10. Security analysis and improvements of arbitrated quantum signature schemes

    Science.gov (United States)

    Zou, Xiangfu; Qiu, Daowen

    2010-10-01

    A digital signature is a mathematical scheme for demonstrating the authenticity of a digital message or document. For signing quantum messages, some arbitrated quantum signature (AQS) schemes have been proposed. It was claimed that these AQS schemes could guarantee unconditional security. However, we show that they can be repudiated by the receiver Bob. To conquer this shortcoming, we construct an AQS scheme using a public board. The AQS scheme not only avoids being disavowed by the receiver but also preserves all merits in the existing schemes. Furthermore, we discover that entanglement is not necessary while all these existing AQS schemes depend on entanglement. Therefore, we present another AQS scheme without utilizing entangled states in the signing phase and the verifying phase. This scheme has three advantages: it does not utilize entangled states and it preserves all merits in the existing schemes; the signature can avoid being disavowed by the receiver; and it provides a higher efficiency in transmission and reduces the complexity of implementation.

  11. Socio-Pedagogical Portrait of a Master’s Degree Student in International Arbitration: Experience of Great Britain

    Directory of Open Access Journals (Sweden)

    Nagorna Olga

    2016-06-01

    Full Text Available International arbitration as the efficient means of alternative dispute resolution has become, due to globalization, a highly specialised service rendered by professionals. Master’s degree program (LLM completion enables those interested to become competent and competitive specialists in arbitration on the international arena. Great Britain has accumulated broad practical experience in organizing professional training in the field of international arbitration. Many leading British universities offer prospective students Master’s programs in this speciality, encouraging all comers, even those with the initial non-legal background. Basic competences of LLM graduates in international arbitration (systemic competences, professional instrumental competences, professional social and personal competences have been identified and clarified on the basis of relevant sources analysis. Professionally important knowledge, abilities and skills have been generalized and explained. For instance, an international arbitration LLM graduate is obliged to possess communicative and social skills, cognitive abilities and skills in the subject area, must be competent in English law, etc.

  12. Security Problems in the Quantum Signature Scheme with a Weak Arbitrator

    Science.gov (United States)

    Zou, Xiangfu; Qiu, Daowen; Yu, Fang; Mateus, Paulo

    2013-10-01

    Very recently, a quantum signature scheme with weak arbitrator was presented (Luo et al. in Int. J. Theor. Phys. 51:2135-2142, 2012). A weak arbitrator is only involved in the disagreement case, which means that the scheme is costless. In this paper, the security of the quantum signature scheme with weak arbitrator is analyzed. We show that attackers can counterfeit a signature for any message, which will pass the verification for the signer. In addition, they can counterfeit a signature for any one of the 4 L (L is the length of the intercepted quantum message) messages by employing the known message attack, which will pass the verification for the signed message. In particular, by employing the Z-transform attack, the attackers can forge a signature for any one of the 2 L messages, which will pass the verifications for both the signer and the signed message successfully.

  13. New arbitrated quantum signature of classical messages against collective amplitude damping noise

    Science.gov (United States)

    Hwang, Tzonelih; Chong, Song-Kong; Luo, Yi-Ping; Wei, Tong-Xuan

    2011-06-01

    Recently, Chong et al. [Opt. Comm. 284, (2011) 893-895] pointed out that a dishonest party in Yang and Wen's arbitrated quantum signature scheme [Opt. Comm. 283, (2010) 3198-3201] is able to reveal the other party's secret key without being detected by using the Trojan-horse attacks. However, the solution to avoid the attack still remains open. This work further points out that in Yang and Wen's scheme, the arbitrator is unable to arbitrate the dispute between two users. Consequently, a user can deny that he/she has signed or verified a signature without performing a Trojan-horse attack. A solution is proposed to solve this problem as well as the open problem mentioned earlier.

  14. La audiencia de conciliación en el proceso arbitral

    Directory of Open Access Journals (Sweden)

    Carlos Ernesto Quiñones Gómez

    2007-01-01

    Full Text Available Dentro de las disposiciones legales especiales y aplicables al juicio arbitral en Colombia se encuentran algunas que refieren a la necesidad de llevar a cabo dentro del trámite respectivo una audiencia de conciliación. La naturaleza de dicha diligencia, al interior del proceso arbitral, es discutida en la doctrina, así como lo es la procedencia de una serie de actuaciones que en virtud de disposiciones generales también aplicables podrían ejecutarse. A través de este ensayo se pretende precisar la naturaleza de la audiencia de conciliación, establecida por la Ley como una etapa dentro del proceso arbitral, la oportunidad para llevar a cabo la misma, así como el tipo de actos procesales que podrían llevar promover las partes e incluso los árbitros una vez se cite y realice la misma.

  15. [Legal characteristics of expert opinions of anaesthetic cases of the North German Arbitration Board].

    Science.gov (United States)

    Schaffartzik, Walter; Hachenberg, Thomas; Kols, Kerstin; Neu, Johann

    2016-05-01

    The Arbitration Board for Medical Liability Issues of the State Medical Councils of Northern Germany in Hannover (North German Arbitration Board, NGAB) settles about 100 cases in the area of anaesthesiology per year. In these proceedings the patient carries the burden of proof. I. e. the patient has to prove that its health damage was caused by a medical error. Nevertheless, for individual cases the NGAB examines also whether facilitation of the burden of proof can be granted to the patient. This article exemplifies cases, for which the NGAB recognized such facilitation of the burden of proof. In each of these cases, the NGAB asserted the damage claim.

  16. Low delay and area efficient soft error correction in arbitration logic

    Energy Technology Data Exchange (ETDEWEB)

    Sugawara, Yutaka

    2013-09-10

    There is provided an arbitration logic device for controlling an access to a shared resource. The arbitration logic device comprises at least one storage element, a winner selection logic device, and an error detection logic device. The storage element stores a plurality of requestors' information. The winner selection logic device selects a winner requestor among the requestors based on the requestors' information received from a plurality of requestors. The winner selection logic device selects the winner requestor without checking whether there is the soft error in the winner requestor's information.

  17. Obligation of negotiation and facultative arbitration as part of constitutional law content on collective negotiation

    Directory of Open Access Journals (Sweden)

    Guillermo Boza Pró

    2013-12-01

    Full Text Available This work studies constitutional bases of two essential institutions of Collective Labor Law: employer’s obligation to negotiate collectively and facultative arbitration. In relation to the first one, using tools provided bythe Theory of Law, it is argued that the section 28º of Peruvian Constitution establishes a collective negotiation concept as claim (not as permission so, employers legal obligation of collective negotiation is constitutional. In theother hand, regarding facultative arbitration, it has constitutional support on state’s obligation to promote pacific ways to labor conflicts; even though, it is questioned that a «sub constitutional» rule has restrictively regulated this institution.

  18. The Use of Peer Mediation and Arbitration To Resolve Conflicts among District Employees, Students, and Parents.

    Science.gov (United States)

    Brooks, Gary D.; Marcee, Tom

    School districts in Texas have used the same grievance procedure for approximately 20 years. In response to general dissatisfaction throughout the Socorro Independent School District (SISD) in El Paso, Texas, the district developed a new, user-friendly grievance procedure. This paper describes the use of peer mediation and arbitration to resolve…

  19. The Differences between Mediation, Factfinding and Arbitration. [An Overview of Collective Bargaining, Part 2].

    Science.gov (United States)

    Larson, T.

    Fact finding, mediation, and arbitration are three methods of resolving impasses in collective bargaining. All three methods imvolve the inclusion of a third party in the bargaining process. The mediator suggests avenues along which agreement may be sought, but has no power to compel acceptance of his suggestions. Fact finders have greater power…

  20. SETTLEMENT OF DISPUTES BY JUDGE OR ARBITRATOR - IS THERE ANY DIFFERENCE

    NARCIS (Netherlands)

    BOSCHBOESJES, JE

    1994-01-01

    In a dispute between co-operating parties who cannot cannot come to an agreement, an important question is: who will be approached to give a decision in this dispute: the civil court, arbitrators or a 'bindend adviseur' (i.e. a unpartial third person who gives an absolute ruling). In the Netherlands

  1. The Issue of Binding Arbitration in the Public Schools. Public Review of Educational Policy (PREP).

    Science.gov (United States)

    Pennsylvania School Boards Association, Inc., Harrisburg.

    Intended primarily for educators, legislators, and the general public in the state of Pennsylvania, this public affairs brochure addresses the question of whether binding arbitration should be legislated in that state as a means of resolving labor disputes between a local school district and its employees. The brochure reviews the history of…

  2. On “Arbitrated quantum signature of classical messages against collective amplitude damping noise”

    Science.gov (United States)

    Chong, Song-Kong; Luo, Yi-Ping; Hwang, Tzonelih

    2011-02-01

    This study points out that a dishonest party in Yang and Wen's arbitrated quantum signature scheme [Opt. Comm. 283, (2010) 3198-3201] can reveal the other party's secret key without being detected by using the Trojan-horse attacks. Accordingly, the security requirements of a quantum signature, i.e. unforgeability and undeniability, may not be satisfied in their scheme.

  3. Ministry of Commerce's Final Arbitration on Anti-dumping investigation on Nonyl Pheno

    Institute of Scientific and Technical Information of China (English)

    Zheng Yan

    2007-01-01

    @@ The Ministry of Commerce of People's Republic of China issued the Announcement No.11,2007 of Ministry of Commerce on Promulgating Final Arbitration on Antidumping Investigation on Nonyl Pheno Originated from India and Taiwan Region on Mar 28, 2007, deciding to impose antidumping duties on those investigated commodities.

  4. Cross-Border Patent Disputes: Unified Patent Court or International Commercial Arbitration?

    Directory of Open Access Journals (Sweden)

    Ana Alba Betancourt

    2016-04-01

    Full Text Available Currently, the enforcement of a patent that is registered in several countries involves the risk of getting different and conflicting decisions from the national courts. In 2013, 25 European countries entered in an agreement that aims to homogenise the patent system by creating the European patent with unitary effect and a Unified Patent Court (UPC. This article focuses on the UPC, which aims to have a single court proceeding for cross-border patent conflicts. Does the UPC system represent an advantage compared to the current litigation system? The paper argues that it does and explores what it considers to be the two main advantages of a UPC over the current system of cross-border litigation of patents: the ability to drag several conflicts to a single procedure and the neutrality of the decision makers. These advantages are consequently compared to the characteristics of arbitration. Then, an explanation is provided with regards to how the UPC system is going to work in terms of jurisdiction, preliminary injunctions, the choice of law and enforcement of decisions, comparing those same procedural aspects to arbitration. The article finds that arbitration involves many of the same advantages (as compared to the UPC and that the procedural issues studied in both means are, so too, similar. Therefore, arbitration represents a viable alternative to the UPC when it comes to reducing the risks in solving cross-border patent conflicts.

  5. SOME CONSIDERATIONS REGARDING THE AD-HOC INTERNAL ARBITRATION PROCEDURE IN THE NEW CODE OF CIVIL PROCEDURE

    Directory of Open Access Journals (Sweden)

    Daniela Cristina Creţ

    2013-12-01

    Full Text Available One of the institutions to have undergone essential changes as a result of the 2013 entry into force of the New Code of civil procedure is arbitration. Arbitration is an alternative way of settling conflicts by means of a specialized person or institution, based on the will of the parties or on an international convention. This article will present a few introductory aspects that are essential for a foray into the field, as well as analyze the main aspects of arbitral procedure from the perspective of novelties and changes brought to the provisions of the New Code of civil procedure (hereinafter referred to as N.C.C.P..

  6. 專利爭議之國際仲裁 International Arbitration of Patent Disputes

    Directory of Open Access Journals (Sweden)

    伍偉華 Wei-Hua Wu

    2012-06-01

    Full Text Available 本文探討以國際仲裁方式解決專利爭議問題。首先,本文自公共政策之角度,探討專利有效性之可仲裁性,關鍵在於是否及在何種程度內,專利有效性之爭議,得由國際商務仲裁之方式予以解決。其次,本文提供若干策略上之建議,供企業內之決策人士參考,以決定何時選擇以仲裁方式解決專利爭議為當。最後,本文將討論如何選定專利仲裁之地點及仲裁準據法供參。 This paper discusses the concept of using international arbitration as a method to resolve patent disputes. First, this paper examines the arbitrability of patent validity disputes from a public policy viewpoint. The question is whether, and to what extent, the subject matter of patent validity disputes may be settled by international commercial arbitration. Second, this paper provides suggestions on strategies for organizational decision makers to consider whether it is proper to choose arbitration as a more favorable tool when confronted with a patent dispute. Finally, this paper discusses how to choose the seat of arbitral institution and the applicable law.

  7. Erratum "New arbitrated quantum signature of classical messages against collective amplitude damping noise" [Optics Communications 284 (2011) 3144

    Science.gov (United States)

    Luo, Yi-Ping; Hwang, Tzonelih

    2013-08-01

    We point out that our previous work [Optics Communications 284 (2011) 3144] contains a mistake in the key updating equation. We correct the error to avoid an information leakage problem. We revisit our previous work entitled "New arbitrated quantum signature of classical messages against collective amplitude damping noise" [1] and discover a mistake in the key updating equation which could cause a key to reveal to a semi-honest arbitrator.

  8. The Comparison of Arbitration Systems between the Cross-straits%海峡两岸仲裁制度之比较

    Institute of Scientific and Technical Information of China (English)

    贵立义

    2013-01-01

    根据中国大陆现行法律规定,人民法院对台湾地区仲裁机构的裁决负有认可和执行的职责,因此,大陆的法律工作者(包括法官、律师、仲裁员等)对台湾地区的仲裁制度应当有所了解。本文从仲裁协议、仲裁庭的组成、仲裁员资格的取得、仲裁程序、仲裁裁决的执行、仲裁裁决的撤销、仲裁和解与调解、仲裁机构及设立等八个方面,对台湾地区仲裁法的相关规定作了介绍,并指出与大陆仲裁法的不同点。%According to the current law of the Mainland China, the people’s courts have obligations to approve and execute arbitral awards by arbitration organs in the Taiwan area. Therefore, legal service workers (including judges, attorneys and arbitrators) of the Mainland China have to learn better about the Taiwan arbitration system. This article describes related stipulations of the arbitration law in the Taiwan area and their differences from that of the Mainland China from eight aspects: arbitration agreement, constitution of arbitration tribunal, obtainment of arbitration’s qualifications, arbitration procedures, execution of arbitral awards, revocation of arbitral awards, reconciliation and mediation of arbitration, and establishment of arbitration organs.

  9. Does computer-aided detection have a role in the arbitration of discordant double-reading opinions in a breast-screening programme?

    Energy Technology Data Exchange (ETDEWEB)

    James, J.J. [Nottingham Breast Institute, Nottingham City Hospital, Nottingham (United Kingdom)], E-mail: jonathan.james@nuh.nhs.uk; Cornford, E.J. [Nottingham Breast Institute, Nottingham City Hospital, Nottingham (United Kingdom)

    2009-01-15

    Aims: To investigate whether a computer-aided detection (CAD) system could act as an arbitrator of discordant double-reading opinions, replacing the need for an independent third film reader. Methods: The mammograms of the 240 women that underwent arbitration by an independent third reader were identified from the 16,629 women attending our screening centre between July 2003 and April 2004. Mammograms of the arbitration cases were digitized and analysed by a CAD system. To assess the ability of CAD to act as the arbitrator, the site of the CAD prompts was retrospectively compared to the site of any abnormality noted by the original film readers. If a CAD prompt was placed on a region marked by one of the film readers then the decision of CAD as the arbitrator was that the women should be recalled for further assessment. If no mark was placed then the region was considered low risk and the decision was not to recall. The decision of CAD as the arbitrator was retrospectively compared with the original recall decision of the independent third reader. Results: There were 21 cancer cases in the group of women undergoing arbitration, diagnosed both at the original screening episode and subsequently. The independent third reader recalled 15/18 (83%) of the cancers that corresponded with the arbitrated lesion. CAD as the arbitrator would have recalled 16/18 (89%) of the cancers that corresponded to the arbitrated lesion. CAD acting as the arbitrator would have resulted in a significant increase in normal women being recalled to assessment in the arbitration group (P < 0.001). The extra 50 recalls would have potentially increased the overall recall rate to assessment from 3.1 to 3.4%; a relative increase of 10%. Conclusions: The main effect of CAD acting as an arbitrator of discordant double-reading opinions is to increase the recall rate, significantly above what is found when arbitration is performed by an independent third reader. Using CAD as an arbitrator may be an

  10. Effects of outcomes and random arbitration on emotions in a competitive gambling task.

    Science.gov (United States)

    Bediou, Benoit; Mohri, Christelle; Lack, Jeremy; Sander, David

    2011-01-01

    Research on self-serving biases in judgments and decision-making suggests that individuals first evaluate the outcomes they get, and then the procedures by which these outcomes were obtained. Evidence also suggests that the appraisal of the former (outcome favorability) can bias the appraisal of the latter (procedural fairness). We investigated the nature of the emotions that are elicited by these appraisals by using a new paradigm in which participants performed a choice task between pairs of competing gambles against a virtual opponent. Conflicts (when the participant selected the same gamble as his virtual opponent) were resolved by a neutral arbitrator who either confirmed the participant's choice ("pro-self") or attributed his gamble to the virtual opponent ("pro-competitor"). Trials in which the participant and his virtual opponent selected different gambles ("no-conflict") served as a control condition. In order to validate this new task, emotional reactions to the outcomes of the gambles were measured using self-reports, skin conductance responses, and facial electromyography (zygomaticus, corrugator, and frontalis). In no-conflict trials, effects of counterfactual thinking and social comparison resulted in (i) increased happiness as well as SCR and zygomaticus activity for wins compared to losses (valence effect) and for high compared to low gains (magnitude effect), and (ii) increased anger, regret, disappointment, and envy for losses compared to wins (valence effect). More importantly, compared to no-conflict trials and to pro-self awards with similar outcomes, pro-competitor awards increased subjective reports of anger for unfavorable outcomes, and increased happiness and guilt for favorable outcomes. Although the outcomes were independent from the arbitrators' decisions, and both the arbitrators' decisions and the outcomes were kept equally likely, individuals tended to attribute their outcomes to unfair arbitrators, reacting emotionally, especially

  11. Arbitrated quantum signature scheme based on χ-type entangled states

    Science.gov (United States)

    Zuo, Huijuan; Huang, Wei; Qin, Sujuan

    2013-10-01

    An arbitrated quantum signature scheme, which is mainly applied in electronic-payment systems, is proposed and investigated. The χ-type entangled states are used for quantum key distribution and quantum signature in this protocol. Compared with previous quantum signature schemes which also utilize χ-type entangled states, the proposed scheme provides higher efficiency. Finally, we also analyze its security under various kinds of attacks.

  12. THE APPROVAL OF THE SETTELMENT AGREEMENT BY ARBITRATION COURT, TAKING INTO ACCOUNT THE CONCLUDED MEDIATED AGREEMENT

    Directory of Open Access Journals (Sweden)

    Maslennikova L. V.

    2014-03-01

    Full Text Available The author analyses the issue of the relationship between mediated agreements and settlement and their legal inter-relationship, as well as critical comments regarding the lack of imperative requirements in Federal law of the Russian Federation of 27.07.2010 N 193-F3 "On alternative procedure for settling disputes with the use of an intermediary (mediation procedure" to the contents of the mediated settlement agreements which are subsequently endorsed by the arbitral court as settlement agreements

  13. An improved arbitrated quantum signature protocol based on the key-controlled chained CNOT encryption

    Science.gov (United States)

    Zhang, Long; Sun, Hong-Wei; Zhang, Ke-Jia; Jia, Heng-Yue

    2017-03-01

    In this paper, a new quantum encryption based on the key-controlled chained CNOT operations, which is named KCCC encryption, is proposed. With the KCCC encryption, an improved arbitrated quantum signature (AQS) protocol is presented. Compared with the existing protocols, our protocol can effectively prevent forgery attacks and disavowal attacks. Moreover, only single state is required in the protocol. We hope it is helpful to further research in the design of AQS protocols in future.

  14. Comment on ``Security analysis and improvements of arbitrated quantum signature schemes''

    Science.gov (United States)

    Hwang, Tzonelih; Luo, Yi-Ping; Chong, Song-Kong

    2012-05-01

    Recently, Zou, and Qiu [Phys. Rev. APLRAAN1050-294710.1103/PhysRevA.82.042325 82, 042325 (2010)] demonstrated that two arbitrated quantum signature (AQS) schemes are not secure because an arbitrator cannot arbitrate the dispute between two users when a receiver repudiates the integrity of a signature. By using a public board, Zou and Qiu's proposed two AQS schemes to solve the problem. This work shows that the same security problem may exist in Zou and Qiu's schemes. Moreover, a malicious verifier, Bob, can actively negate a signed order if he wants to. This attack, a special case of the denial-of-service (DoS) attack mentioned by Cai [Phys. Rev. Lett.PRLTAO0031-900710.1103/PhysRevLett.91.109801 91, 109801 (2003)], is important in quantum cryptography. Bob may get some benefits from this DoS attack since he can actively deny Alice's signed order without being detected. This work also shows that a malicious signer can reveal the verifier's secret key without being detected by using Trojan-horse attacks.

  15. International standardization of arbitration as an alternate dispute resolution forum and its acceptance in India

    Directory of Open Access Journals (Sweden)

    Harsh Pathak

    2016-10-01

    Full Text Available With trade and commerce increasing rapidly between nations, there has been a significant rise in disputes, leading to an urgent need for an effective and unified dispute resolution system which can sufficiently settle disagreements/issues among parties in dispute and which has to be arrived at keeping in mind the differences in laws of every nation, hence, immensely increasing the scope of private international law, or conflict of laws as called by different nations. Such urgency led to many conventions, one of most important being The New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the UNCITRAL Model Law promulgated in 1985 and amended as recently as 2006 which has been the source for International Arbitration, the most widely used dispute resolution method for international commercial trade and transactions and many countries like India have also based their legislations on the rules of the UNCITRAL Model Law. Most European countries as well as India have ratified the New York Convention of 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards for the purposes of International trade and commercial transactions therefore opening the gateway for international commercial transactions to take place among such convention countries easier. Further, the judiciary of concerned countries has also affirmed such ratification and the applicability of the Model Law laid down.

  16. ARBITRATION CORRECTNESS OF STATISTICAL QUALITY CONTROL PROCEDURES ACCORDING TO PRIORITY DISTRIBUTION PRINCIPLE

    Directory of Open Access Journals (Sweden)

    V. A. Khavruk

    2010-01-01

    Full Text Available An application of a priority distribution principle provides a possibility to establish rights and obligations of the parties while executing statistical quality control of products.Procedures of quality control from the side of a manufacturer and a consumer according to PDP are accompanied by certain decisions taken by the parties which in their turn are components of the arbitration characteristic. Arbitration characteristics show probability dependences of  an arbitration situation occurrence on quality indices, parameters of  control plans and decision-making rules.The paper considers cases when control procedures of  a supplier and a  consumer are correct.  The paper also shows that unified control plans and a decision-­making rules do not guarantee generally a correctness of double control procedures. The paper reveals that an intervention of standardization bodies  which is estimated by different amount of expenses depending on a choice of control plans and results is required  in order to ensure a correctness of the control procedures by the parties.

  17. 47 CFR 51.807 - Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act.

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 3 2010-10-01 2010-10-01 false Arbitration and mediation of agreements by the Commission pursuant to section 252(e)(5) of the Act. 51.807 Section 51.807 Telecommunication FEDERAL... Implementation of Section 252 of the Act § 51.807 Arbitration and mediation of agreements by the...

  18. Dispute resolutions from the field of economy via contracting competence through Arbitration in the republic of Kosovo

    Directory of Open Access Journals (Sweden)

    Krenare Vokshi

    2016-03-01

    Full Text Available In terms of globalized economy, the integration trade cooperation process between state institutions, international organizations, and business entities are being followed by a dynamism regarding creation, modification, and termination of relations through the contracts which are now more standardized. Good business practices offered a good experience in terms of solving disputes on business transactions, local or international, security, efficiency and speed of trailing are enforced only if this issue is foreseen and contracted with special courts of arbitration. The role of arbitration on international trade is not only the solution of disputes. The arbitration has as its mission before the building of a fair trade and legal practice such as bona fides.

  19. Clinchfield Coal Co. v. District 28, United Mine Workers: a standard for judicial review of labor arbitration awards

    Energy Technology Data Exchange (ETDEWEB)

    Woody, C.L.

    A review of the Clinchfield Coal Company case suggests that the Fourth Circuit Court may be expanding the limitations that the Steelworkers Trilogy established in terms of the judicial review standards in federal labor law. The decision signals coal companies that the parties to collective bargaining agreements are responsible for the quality of their arbitrators in keeping with the philosophy of industrial self-government. If new standards are evolving, it may indicate that such self-government is not working. If the industry seeks court review, it may end up with decisions that are more onerous in the long term than isolated arbitration decisions.

  20. The arbitration-extension hypothesis: a hierarchical interpretation of the functional organization of the basal ganglia

    Directory of Open Access Journals (Sweden)

    Iman eKamali Sarvestani

    2011-03-01

    Full Text Available Based on known anatomy and physiology, we present a hypothesis where the basal gangliamotor loop is hierarchically organized in two main subsystems: the arbitration system andthe extension system. The arbitration system, comprised of the subthalamic nucleus, globuspallidus, and pedunculopontine nucleus, serves the role of selecting one out of several candidateactions as they are ascending from various brain stem motor regions and aggregated in thecentromedian thalamus or descending from the extension system or from the cerebral cortex.This system is an action-input/action-output system whose winner-take-all mechanism findsthe strongest response among several candidates to execute. This decision is communicatedback to the brain stem by facilitating the desired action via cholinergic/glutamatergic projectionsand suppressing conflicting alternatives via GABAergic connections. The extension system,comprised of the striatum and, again, globus pallidus, can extend the repertoire of responsesby learning to associate novel complex states to certain actions. This system is a state-input/action-output system, whose organization enables it to encode arbitrarily complex Booleanlogic rules using striatal neurons that only fire given specific constellations of inputs (BooleanAND and pallidal neurons that are silenced by any striatal input (Boolean OR. We demonstratethe capabilities of this hierarchical system by a computational model where a simulatedgeneric animal interacts with an environment by selecting direction of movement basedon combinations of sensory stimuli, some being appetitive, others aversive or neutral. Whilethe arbitration system can autonomously handle conflicting actions proposed by brain stemmotor nuclei, the extension system is required to execute learned actions not suggested byexternal motor centers. Being precise in the functional role of each component of the system,this hypothesis generates several readily testable predictions.

  1. Improving the security of arbitrated quantum signature against the forgery attack

    Science.gov (United States)

    Zhang, Ke-Jia; Zhang, Wei-Wei; Li, Dan

    2013-08-01

    As a feasible model for signing quantum messages, some cryptanalysis and improvement of arbitrated quantum signature (AQS) have received a great deal of attentions in recent years. However, in this paper we find the previous improvement is not suitable implemented in some typical AQS protocols in the sense that the receiver, Bob, can forge a valid signature under known message attack. We describe the forgery strategy and present some corresponding improved strategies to stand against the forgery attack by modifying the encryption algorithm, an important part of AQS. These works preserve the merits of AQS and lead some potential improvements of the security in quantum signature or other cryptography problems.

  2. An arbitrated quantum signature protocol based on the chained CNOT operations encryption

    Science.gov (United States)

    Li, Feng-Guang; Shi, Jian-Hong

    2015-06-01

    At present, the encryption scheme used by most arbitrated quantum signature (AQS) protocols is quantum one-time pad (QOTP) which encrypts data qubit by qubit. Though QOTP can achieve high security for data encryption, it is not suitable for AQS. There are many attacks on AQS using QOTP. In this paper, we propose an AQS protocol based on another encryption scheme called the chained CNOT operations, which encrypts quantum message ensemble. Our protocol preserves all merits in the similar AQS schemes and has better security. Security analysis shows that our protocol cannot be forged and disavowed under the existing attacks.

  3. Arbitrated quantum signature of classical messages without using authenticated classical channels

    Science.gov (United States)

    Luo, Yi-Ping; Hwang, Tzonelih

    2014-01-01

    This paper points out design confusion existing in all the arbitrated quantum signatures (AQS) that require public discussions over authenticated classical channels. Instead, an AQS scheme of classical messages without using authenticated classical channels is proposed here. A cryptographic hash function is used in combine with quantum mechanics to check the existence of an eavesdropping or to verify a signature. In addition, by using only single photons, this scheme provides higher efficiency both in quantum transmissions and generations. The proposed AQS scheme is shown to be immune to several well-known attacks, i.e., the Trojan-horse attacks and the existential forgery attack.

  4. The Reach of the Arbitration Agreement to Parties involved in the Same Legal Relationship

    Directory of Open Access Journals (Sweden)

    Felipe Vollbrecht Sperandio

    2012-07-01

    Full Text Available Complex legal relationships may involve a net of companies, linked to each other by several autonomous contracts, performing works and services towards a single project. If disputes arise, resolving each of them independently may result in incompatible decisions, situation which could hinder the project outcome. Therefore, it might be recommended to resolve these disputes into multi-party proceedings or multiple proceedings before the same arbitral tribunal. In order to achieve the purpose, the proper legal instruments shall be identified and, based on these; a contractual framework has to be tailored.

  5. An arbitrated quantum signature scheme based on entanglement swapping with signer anonymity

    Science.gov (United States)

    Li, Wei; Fan, Ming-Yu; Wang, Guang-Wei

    2012-12-01

    In this paper an arbitrated quantum signature scheme based on entanglement swapping is proposed. In this scheme a message to be signed is coded with unitary operators. Combining quantum measurement with quantum encryption, the signer can generate the signature for a given message. Combining the entangled states generated by the TTP's Bell measurement with the signature information, the verifier can verify the authentication of a signature through a single quantum state measurement. Compared with previous schemes, our scheme is more efficient and less complex, furthermore, our scheme can ensure the anonymity of the signer.

  6. Legitimacy and Reflexivity in International Investment Arbitration: A New Self-Restraint?

    Directory of Open Access Journals (Sweden)

    David Schneiderman

    2011-05-01

    Full Text Available There are at least two views within investment arbitration about how to respond to legitimation problems associated with inconsistent rulings, latitudinal interpretations, and arbitral bias and conflicts of interest. Some prefer to keep the regime on course and not respond to these outside perturbations. Others prefer to take into account external influences, such as human rights and environmental commitments, in the course of investment treaty interpretation. Both understand that, whatever the response, these questions will be determined by lawyers, scholars, and arbitrators operating within the system of international investment law and not by actors operating outside of it. Both views, in other words, are congenial to systems-theoretic accounts. As articulated by Teubner, there is a proliferation of functional legal sub-systems, developing autonomously of states, each of which, in the course of maximizing internal rationality, potentially is on a collision course with other operative sub-systems. These can only be forestalled if sub-systems act reflexively by devising strategies of self-limitation that selectively internalize objections emanating from external spheres. As this maps on to self-understandings of actors operating within investment arbitration, this paper takes up systems theory as a heuristic for assessing the regime’s responsiveness to outside influences. In order to take stock of the degree of reflexivity, the paper examines the direction investment law is taking in a few key areas: first, in the shift in emphasis away from expropriations (the ‘takings rule’ to the fair and equitable treatment standard, which is performing similar functions; second, in the attempt to merge global standards by embracing World Trade Organization Appellate Body decision making; and third, the hesitant embrace of proportionality doctrine as a means of weighing public interests into the equation. These moments of reflexivity turn out to be

  7. After Euro 620 m arbitration ruling. What next for Bulgaria's Belene nuclear project?

    Energy Technology Data Exchange (ETDEWEB)

    Kraev, Kamen [NucNet, Brussels (Belgium)

    2016-08-15

    Iran is considering Bulgaria's offer to sell it the Russian-made reactor equipment produced for the abandoned Belene nuclear project. The Belene project was initially planned and started in the 1980s, but was stopped in the early 1990s. In 2008 the project was formally given new life, but suspended again in 2010 and abandoned in 2012. The International Court of Arbitration (ICA) ordered the Bulgarian operator Natsionalna Elektricheska Kompania EAD to pay Euro 620 m in compensation to Russia's Atomstroyexport.

  8. The Chieftaincy Institution in Ghana: Causers and Arbitrators of Conflicts in Industrial Jatropha Investments

    Directory of Open Access Journals (Sweden)

    Benjamin Betey Campion

    2014-09-01

    Full Text Available Large-scale land acquisition in Africa has been the concern and the focus of growing global literature on land grabbing. The upswing in biofuel investments in Ghana led to large-scale land acquisitions by the private sector presided over by chiefs. This research investigates how chiefs, in playing their traditional roles in the acquisition of land and as arbitrators, were, in most instances, the cause and the solution to the ensuing conflicts in the various communities. Data was collected through interviews, use of questionnaires and focus group discussions. Some of the conflict issues include loss of farmlands or other communal lands, disagreements on the land acquisition processes, the quantum and mode of execution of compensation payments and the existence or contents of social responsibility agreements. Furthermore, the use of negotiation, mediation and courts by people in these communities relative to arbitration by chiefs is increasing. The Government of Ghana needs to strengthen the public sector land institutions and put in place stronger and binding mechanisms for resolving disputes arising from large-scale acquisitions of land to cushion the effect of the weakening confidence in the chieftaincy institution.

  9. FORENSIC SOCIAL WORK AS A FIELD OF ACTION IN SOCIAL ARBITRATION

    Directory of Open Access Journals (Sweden)

    Claudia Sandra Krmpotic

    2013-06-01

    Full Text Available The aim of this paper is to analyze forensic practice of the Social Worker from new coordinates, recognizing that the social demand and the public agenda requires today we count on professionals who understand the social role of the law, are trained in the arbitration, the founded social diagnosis, and in a restorative intervention both before damage as a promoter of rights. From a socio-legal approach, forensic practice is one of the modalities of participation of the scientific-technical knowledge in the arbitration of the social. The account is enrolled in the studies since 2005 that involved the author referring to Forensic Social Work in the Southern Cone of Latin America, based on bibliographic research, and in the contents collected in individual and group interviews, and professional events. While referring to local experiencies, it is understood that tied current concerns crossing the practice in diverse regions, from the transformations of the state and the law in late modernity with respect to the organization of social life and the conditions of citizenship, along with a diversification of forms of social inequality.

  10. Parallel between the “small reform” law procedure and the arbitration procedure. Practical influences on business environment

    Directory of Open Access Journals (Sweden)

    Cezar HÎNCU

    2011-06-01

    Full Text Available The financial blockings determined by the economical crisis in the last years bounded the business environment, through pressures on the legislature and regulations of own associative institutions (commerce chambers, to claim practical measures leading to more rapid and less expensive completion of commercial litigations. Within the period 2010-2011, these were carried out by adopting the Law 202/2010 and by the New Rules of Arbitral Procedure of International Commercial Arbitration Court of CCIR. The changes of the arbitration norms aim at the simplification of the procedure, but the essential ones – the possibility to attack with action in annulment the conclusions for arbitration adjourn or the agreement of some temporary measures leading to hastening the causes resolutions, are inapplicable, because they are not linked to rigid stipulations of the new CPC. The changes of Law 202/2010 aim at reducing the litigations resolutions (summoning procedure, term changing, causes postponing. Also, the possibility of cassation with sending to rejudgement is limited. The changes in the interest of the business environment consist of introduction the mediation, as previous procedure. The normative act specifies adjourning the prescription term during mediation, the right of the judge to fine the parties not present at mediation, after accepting it.

  11. 77 FR 34249 - Notice of Final Revision to Guidance for the Use of Binding Arbitration Under the Administrative...

    Science.gov (United States)

    2012-06-11

    ...: Under existing guidance, FMCSA must use a form of arbitration known as ``Night Baseball'' for its civil... revise the Guidance to eliminate the ``Night Baseball'' format, and to replace it with a format in which... therefore revising the Guidance by eliminating the ``Night Baseball'' format. The Agency is also...

  12. Notas sobre la oposición a la ejecución del laudo arbitral en Bolivia

    OpenAIRE

    Parada Mendía, Alex

    2016-01-01

    Estas notas tratan sobre los problemas interpretativos que pueden surgir entre el nuevo Código Procesal Civil y la recientemente aprobada Ley de Conciliación y Arbitraje, a la hora de aplicar las causales de oposición al laudo arbitral.

  13. The generalizability of gender bias: Testing the effects of contextual, explicit, and implicit sexism on labor arbitration decisions.

    Science.gov (United States)

    Girvan, Erik J; Deason, Grace; Borgida, Eugene

    2015-10-01

    Decades of social-psychological research show that gender bias can result from features of the social context and from individual-level psychological predispositions. Do these sources of bias impact legal decisions, which are frequently made by people subject to factors that have been proposed to reduce bias (training and accountability)? To answer the question, we examined the potential for 3 major social-psychological theories of gender bias (role-congruity theory, ambivalent sexism, and implicit bias) to predict outcomes of labor arbitration decisions. In the first study, undergraduate students and professional arbitrators made decisions about 2 mock arbitration cases in which the gender of the employee-grievants was experimentally manipulated. Student participants' decisions showed the predicted gender bias, whereas the decisions of experienced professionals did not. Individual-level attitudes did not predict the extent of the observed bias and accountability did not attenuate it. In the second study, arbitrators' explicit and implicit gender attitudes were significant predictors of their decisions in published cases. The laboratory and field results suggest that context, expertise, and implicit and explicit attitudes are relevant to legal decision-making, but that laboratory experiments alone may not fully capture the nature of their effect on legal professionals' decisions in real cases.

  14. Focus on the Part-Timer; Arbitration on a Non-Unionized Campus; Campus Negotiators--A Critical Comment.

    Science.gov (United States)

    Levenstein, Aaron, Ed.; And Others

    1980-01-01

    Job concerns and characteristics of part-time faculty and interests concerning union representation, arbitration on a nonunionized campus and a view of campus negotiators are addressed in this newsletter issue. The issue of protection of part-timers by their union is examined, and adjunct faculty are categorized as follows: the semi-retired, those…

  15. 44 CFR 206.209 - Arbitration for Public Assistance determinations related to Hurricanes Katrina and Rita (Major...

    Science.gov (United States)

    2010-10-01

    ... hold a preliminary conference with the parties and/or representatives of the parties within 10 business... request must be made no later than the preliminary conference. (2) Location of hearing. If an in-person hearing is authorized, it will be held at a hearing facility of the arbitration panel's choosing....

  16. Probe into Emergency Arbitrator System of International Commercial Arbiration%国际商事仲裁中的紧急仲裁员制度之探究

    Institute of Scientific and Technical Information of China (English)

    朱占锋

    2015-01-01

    作为国际商事仲裁制度新近发展之体现,紧急仲裁员制度可以在仲裁庭组建前为当事人提供临时救济措施。通过分析国际商会仲裁院、斯德哥尔摩商会仲裁院、香港国际仲裁中心、新加坡国际仲裁中心仲裁规则中的紧急仲裁员制度,可以归纳出该制度的基本内容及有待完善之处。2010年以来,已有不少涉及紧急仲裁员制度的案例,这些案例反映了设置紧急仲裁员制度的必要性。我国虽于2012年《民事诉讼法》修订时规定了诉前保全制度,但仍有引入紧急仲裁员制度之必要。%As the newly development of international commercial arbitration system, emergency arbitrator system can provide temporary relief measures for the parties concerned before the arbitration tribunal formed. Through analyzing the emergency system of arbitrators of the international chamber of commerce court of arbitration, the arbitration institute of the Stockholm chamber of commerce, HongKong international arbitration centre, and Singapore international arbitration center for arbitration rules, the article points out that the basic content and information of the system still needs perfecting. Since 2010, there occur quite a few cases of emergency system of arbitrators, which reflects the necessity of setting an emergency arbitrator system. Although in 2012, our civil procedure law has amended the preservation system before an action, there are still necessary to introduce the emergency system of arbitrators.

  17. The U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Issue Preclusion: A Traditional Collateral Estoppel Determination

    Directory of Open Access Journals (Sweden)

    Sabrina M. Sudol

    2004-04-01

    Full Text Available Although the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides for the “recognition” and “enforcement” of non-domestic arbitral awards in commercial disputes,1 this article will show that in order for an issue resolved through arbitration to be granted preclusive effect in subsequent litigation in the United States, the proponent must also satisfy the traditional requirements of collateral estoppel. In this way, the Convention’s reach is not quite as expansive as a party might expect, for the ensuing judicial analysis often involves complex questions of law and fact while maintaining respect for the favored status of international commercial arbitration. The result is far from per se preclusivity.

  18. 仲裁协议效力认定主体探讨%Reflections on Certification Bodies of Arbitration Agreement Validity

    Institute of Scientific and Technical Information of China (English)

    潘绮甜

    2012-01-01

    国外一般规定仲裁协议效力由仲裁庭来决定,集中体现为仲裁庭自裁管辖权原则,此原则已得到世界各国的广泛认可。而目前我国将仲裁协议效力的认定主体赋予仲裁委员会和法院,且法院有优先管辖权,这不符合国际商事仲裁的惯例,阻碍了仲裁事业的发展。运用比较分析法去论证我国立法规定的利弊,明确仲裁庭自裁管辖权确立的必要性,有利于完善这一立法。%Generally the arbitral tribunal has the power to decide arbitration agreement validity in foreign countries, which is mainly reflected in the principle of jurisdiction?of?.arbitration. This principle has received wide recognition all over the world. However, China's legislation provides both arbitral tribunal and the court have the right to decide the validity of the arbitration agreement, and the court even takes precedence over the jurisdiction of the arbitral tribunal, which is incompatible with the practice of international commercial arbitration. Here, it's necessary to make analysis of the pros and cons of legislation, then put forward establishing the principle of jurisdiction of arbitration, etc.

  19. Multi-tasking arbitration and behaviour design for human-interactive robots

    Science.gov (United States)

    Kobayashi, Yuichi; Onishi, Masaki; Hosoe, Shigeyuki; Luo, Zhiwei

    2013-05-01

    Robots that interact with humans in household environments are required to handle multiple real-time tasks simultaneously, such as carrying objects, collision avoidance and conversation with human. This article presents a design framework for the control and recognition processes to meet these requirements taking into account stochastic human behaviour. The proposed design method first introduces a Petri net for synchronisation of multiple tasks. The Petri net formulation is converted to Markov decision processes and processed in an optimal control framework. Three tasks (safety confirmation, object conveyance and conversation) interact and are expressed by the Petri net. Using the proposed framework, tasks that normally tend to be designed by integrating many if-then rules can be designed in a systematic manner in a state estimation and optimisation framework from the viewpoint of the shortest time optimal control. The proposed arbitration method was verified by simulations and experiments using RI-MAN, which was developed for interactive tasks with humans.

  20. Security Analysis of an Arbitrated Quantum Signature Scheme with Bell States

    Science.gov (United States)

    Xu, Guoliang; Zou, Xiangfu

    2016-09-01

    Recently, to resist attacks using the anticommutativity of nontrivial Pauli operators, an arbitrated quantum signature scheme with Bell states (Int. J. Theor. Phys. 53(5), 1569-1579 2014) was proposed. The scheme randomly adds Hadamard operations to strengthen the quantum one-time pad encryption. Based on this, it claimed that the scheme could resist the receiver's existential forgery and no party had chances to change the message without being discovered. This paper introduces two security issues of the scheme: It can't resist the signer's disavowal and the receiver's existential forgery. Furthermore, we show that the scheme is still vulnerable to the receiver's existential forgery even if the Hadamard operation in the encryption algorithm is replaced with any 2nd-order unitary operation.

  1. Considerations Relating to the Jurisdiction of the Arbitration Litigation on Solving Public Acquisition Contracts

    Directory of Open Access Journals (Sweden)

    Gina Livioara Goga

    2016-05-01

    Full Text Available The current legislation on public procurement, namely Government Emergency Ordinance no. 34/2006 on the public procurement contracts, public works concession contracts and service concession, currently governs the arbitration institution, having the possibility of settling any disputes regarding the execution of contracts. We consider that the contested provisions infringe the principle of predictability, as they are not clear because of the regulation of the two articles, and thus the analysis of the entire chapter entitled “Solving complaints” (Chapter IX of the G.E.O. 34/2006 in conjunction with the title order or with the purpose and principles of the adoption of G.E.O. 34/2006, it appears that it refers only to the procedure for settling disputes arising in attributing public procurement contracts, concession contracts for public works service concession contracts.

  2. A Comparative Analysis of Different Arbitration Protocols for Multiple—Bus Multiprocessors

    Institute of Scientific and Technical Information of China (English)

    庄旗铭; 杨庆; 等

    1996-01-01

    Earlier performance studies of multiple-bus multiprocessor systems assume a random selection of competing requests for bus assignment and ignore the effects of realistic bus arbitraion schemes on the performance of such systems.In this paper,we present performance analysis of the multiple-bus systems with different arbitration protocols.The priority protocols considered are random selection,fixed priority,rotating priority,round-robin and FIFO.Analytical models are developed for each of these five different priority protocols.Each of our analyses models exactly the behavior of the corresponding priority protocol with little computation cost.The analytical models are validated through extensive simulations and are them used to carry out performance analysis and comparison of different priority protocols.Numerical results obtained from our models show that the round-robin protocol performs the best amont the five protocols in the system with a few buses.

  3. Effects of outcomes and random arbitration on emotions in a competitive gambling task

    Directory of Open Access Journals (Sweden)

    Benoit eBediou

    2011-10-01

    Full Text Available The affective events theory proposes that the evaluation of distributive and procedural justice map onto primary and secondary appraisal sequence, respectively. However, self-serving biases suggest that one dimension (outcome favorability can bias the other (procedural fairness. For the first time, we investigated the emotional correlates of this phenomenon. Participants performed a choice task between pairs of competing gambles against a virtual opponent. Conflicts (when the participant selected the same gamble as his virtual opponent were resolved by a neutral arbitrator who either confirmed the participant’s choice (pro-self or attributed his gamble to the virtual opponent (pro-competitor. Trials in which the participant and his virtual opponent selected different gambles (no-conflict served as a control condition. Emotional reactions to the outcomes of the gambles were measured using self-reports, skin conductance responses and facial electromyography (zygomaticus, corrugator and frontalis.In no-conflict trials, effects of counterfactual thinking and social comparison resulted in (i increased happiness as well as SCR and zygomaticus activity for wins compared to losses (valence effect and for high compared to low gains (magnitude effect, and (ii increased anger, regret, disappointment and envy for losses compared to wins (valence effect. More importantly, compared to no-conflict trials and to pro-self awards with similar outcomes, pro-competitor awards increased subjective reports of anger for unfavorable outcomes, and increased happiness and guilt for favorable outcomes. Although the outcomes were independent from the arbitrators’ decisions, and both the arbitrators’ decisions and the outcomes were kept equally likely, individuals tended to attribute their outcomes to unfair arbitrators, reacting emotionally, especially when the modification of their initial choice for a gamble led to a negative outcome.

  4. Impact of the New Optimal Rules for Arbitration of Disputers Relating to Space Debris Controversies

    Science.gov (United States)

    Force, Melissa K.

    2013-09-01

    The mechanisms and procedures for settlement of disputes arising from space debris collision damage, such as that suffered by the Russian Cosmos and US Iridium satellites in 2009, are highly political, nonbinding and unpredictable - all of which contributes to the uncertainty that increases the costs of financing and insuring those endeavors that take place in near-Earth space, especially in Low Earth Orbit. Dispute settlement mechanisms can be found in the 1967 Outer Space Treaty, which provides for consultations in cases involving potentially harmful interference with activities of States parties, and in the 1972 Liability Convention which permits but does not require States - not non-governmental entities - to pursue claims in a resolution process that is nonbinding (unless otherwise agreed.) There are soft- law mechanisms to control the growth of space debris, such as the voluntary 2008 United Nations Space Debris Mitigation Guidelines, and international law and the principles of equity and justice generally provide reparation to restore a person, State or organization to the condition which would have existed if damage had not occurred, but only if all agree to a specific tribunal or international court; even then, parties may be bound by the result only if agreed and enforcement of the award internationally remains uncertain. In all, the dispute resolution process for damage resulting from inevitable future damage from space debris collisions is highly unsatisfactory. However, the Administrative Council of the Permanent Court of Arbitration's recently adopted Optional Rules for the Arbitration of Disputes Relating to Outer Space Activities are, as of yet, untested, and this article will provide an overview of the process, explore the ways in which they fill in gaps in the previous patchwork of systems and analyze the benefits and shortcomings of the new Outer Space Optional Rules.

  5. The UAE’s pilgrimage to international arbitration stardom:a critical appraisal of Dubai as a centre of dispute resolution aspiring to be a Middle East business hub

    OpenAIRE

    Almutawa, Ahmed M.; Maniruzzaman, Munir

    2014-01-01

    The last two decades have witnessed a growing interest and participation of the Gulf Cooperation Council (GCC) states in international arbitration as they have also joined the New York Convention and the Washington Convention. Still, scepticisms abound as to the efficacy of international arbitration in the GCC states. However, Dubai is considered to have the potential of being a Middle East business hub as it is modernising its arbitration law and practice in light of international developmen...

  6. Minimum Mean-Squared Error Iterative Successive Parallel Arbitrated Decision Feedback Detectors for DS-CDMA Systems

    CERN Document Server

    de Lamare, Rodrigo C

    2012-01-01

    In this paper we propose minimum mean squared error (MMSE) iterative successive parallel arbitrated decision feedback (DF) receivers for direct sequence code division multiple access (DS-CDMA) systems. We describe the MMSE design criterion for DF multiuser detectors along with successive, parallel and iterative interference cancellation structures. A novel efficient DF structure that employs successive cancellation with parallel arbitrated branches and a near-optimal low complexity user ordering algorithm are presented. The proposed DF receiver structure and the ordering algorithm are then combined with iterative cascaded DF stages for mitigating the deleterious effects of error propagation for convolutionally encoded systems with both Viterbi and turbo decoding as well as for uncoded schemes. We mathematically study the relations between the MMSE achieved by the analyzed DF structures, including the novel scheme, with imperfect and perfect feedback. Simulation results for an uplink scenario assess the new it...

  7. 对离婚案件可仲裁性的探讨%Discussion of the Arbitrability of Divorce Cases

    Institute of Scientific and Technical Information of China (English)

    刘钟琴

    2012-01-01

    现行仲裁法将离婚案件排除在仲裁庭的管辖范围之外,这样的规定有一定的不合理性。本文从概念、特征和意义、标准出发,将离婚案件放到具体的标准当中进行讨论,从而得出结论:简单的将涉及婚姻、收养、监护、扶养、继承关系的争议排除在可仲裁性争议之外是不合理的。离婚争议中,确认婚姻关系解除是不可以提交仲裁解决,但就其他方面,即使涉及身份关系,法律也没有强制要求相关财产问题必须由法院解决,这给仲裁解决有了可能性。所以,应区别具体情况,关键看案件中具体的争议事项是否符合争议可仲裁性的标准,应当将可仲裁性的标准放到案件的具体争议性质中去判断,而不是简单地以案件类型论。%Current arbitration law excludes the divorce cases from the jurisdiction of the arbitral court.Such a provision is a certain degree of irrationality.This article,proceeding from the discussion on the arbitrability of the dispute,and from the concept,characteristics and significance and its standards,puts a divorce case on a discussion under specific standard,making a conclusion that simply excluding the dispute related to marriage,adoption,guardianship,maintenance and inheritance relationships out of the arbitrability of disputes is not reasonable.In divorce dispute,recognized marriage disarmament could not be submitted to arbitration,but for the other aspects,the law does not require that the relevant property issues be resolved by the courts,even involving personal status,thus leaving the possibility to arbitration.Therefore,specific circumstances should be differentiated,the key of which is to see whether the specific subject matter in dispute in the case meets the standards of arbitrability disputes.The standard of arbitrability should be placed in specific controversial nature of the case to judge,rather than simply to think about the type of the cases.

  8. Situational Factors in Mediation and Arbitration%调解与仲裁中的状况性因素

    Institute of Scientific and Technical Information of China (English)

    陈文华

    2011-01-01

    调解与仲裁都是以自愿协商为基础的解纷机制。在调解中当事人自始至终控制整个纠纷解决过程和结果;在仲裁中当事人为纠纷的解决设定了整个程序和实体的规则框架。因此,可以说,调解是当事人直接解决纠纷的解纷方式;仲裁是当事人间接解决纠纷的解纷方式。然而它们都是由状况性因素所左右的解纷机制。%Mediation and arbitration are mechanisms of dispute resolution based on voluntary consultations.During the process of mediation,parties in action have absolute control over the resolution process and result,while in arbitration parties in action formulate the regulatory framework of the whole process and entity for the resolution.Therefore,it is true that mediation is a method for direct dispute resolution and arbitration is an indirect one.

  9. An MILP-Based Cross-Layer Optimization for a Multi-Reader Arbitration in the UHF RFID System

    Directory of Open Access Journals (Sweden)

    Chaewoo Lee

    2011-02-01

    Full Text Available In RFID systems, the performance of each reader such as interrogation range and tag recognition rate may suffer from interferences from other readers. Since the reader interference can be mitigated by output signal power control, spectral and/or temporal separation among readers, the system performance depends on how to adapt the various reader arbitration metrics such as time, frequency, and output power to the system environment. However, complexity and difficulty of the optimization problem increase with respect to the variety of the arbitration metrics. Thus, most proposals in previous study have been suggested to primarily prevent the reader collision with consideration of one or two arbitration metrics. In this paper, we propose a novel cross-layer optimization design based on the concept of combining time division, frequency division, and power control not only to solve the reader interference problem, but also to achieve the multiple objectives such as minimum interrogation delay, maximum reader utilization, and energy efficiency. Based on the priority of the multiple objectives, our cross-layer design optimizes the system sequentially by means of the mixed-integer linear programming. In spite of the multi-stage optimization, the optimization design is formulated as a concise single mathematical form by properly assigning a weight to each objective. Numerical results demonstrate the effectiveness of the proposed optimization design.

  10. 国际投资仲裁上诉机制初探%Preliminary Exploration on Appellate Mechanism of International Investment Arbitration

    Institute of Scientific and Technical Information of China (English)

    崔悦

    2013-01-01

    构建国际投资仲裁上诉机制是为了解决投资者—东道国投资仲裁机制存在的正当性危机,即国际投资争议仲裁裁决之间缺乏一致性和仲裁裁决准确性不高。国际投资仲裁与国际商事仲裁的区别决定了其可以突破仲裁的一裁终局原则,具有构建上诉机制的理论可行性;随着国际投资仲裁机制正当性危机的加剧,东道国、投资者和投资者母国会转变当前对国际投资仲裁上诉机制的消极态度,从而使得上诉机制具有现实可行性。%The reason for constructing an appel ate mechanism of interna-tional investment arbitration is to resolve the legitimacy crisis embedded in current investor state investment arbitration mechanism, i.e.the inconsistency and inac-curacy of arbitral awards.The differences between international investment arbi-tration and international commercial arbitration determine that the former can break through the single ruling principle, and therefore forms the theoretical feasi-bility of constructing an appel ate mechanism.With the legitimacy crisis of interna-tional investment arbitration mechanism aggravating, host countries, investors as wel as their home countries wil probably change their current passive attitude to-wards appel ate mechanism of international investment arbitration, and thus forms the realistic feasibility of appel ate mechanism.

  11. One-time collision arbitration algorithm in radio-frequency identification based on the Manchester code

    Science.gov (United States)

    Liu, Chen-Chung; Chan, Yin-Tsung

    2011-02-01

    In radio-requency identification (RFID) systems, when multiple tags transmit data to a reader simultaneously, these data may collide and create unsuccessful identifications; hence, anticollision algorithms are needed to reduce collisions (collision cycles) to improve the tag identification speed. We propose a one-time collision arbitration algorithm to reduce both the number of collisions and the time consumption for tags' identification in RFID. The proposed algorithm uses Manchester coding to detect the locations of collided bits, uses the divide-and-conquer strategy to find the structure of colliding bits to generate 96-bit query strings as the 96-bit candidate query strings (96BCQSs), and uses query-tree anticollision schemes with 96BCQSs to identify tags. The performance analysis and experimental results show that the proposed algorithm has three advantages: (i) reducing the number of collisions to only one, so that the time complexity of tag identification is the simplest O(1), (ii) storing identified identification numbers (IDs) and the 96BCQSs in a register to save the used memory, and (iii) resulting in the number of bits transmitted by both the reader and tags being evidently less than the other algorithms in one-tag identification or in all tags identification.

  12. Arbitration in environmental matters. An interdisciplinary introduction; Studienbrief Umweltmediation. Eine interdisziplinaere Einfuehrung

    Energy Technology Data Exchange (ETDEWEB)

    Claus, F.; Fietkau, H.J.; Fuchs, G. [and others

    2000-07-01

    This textbook provides a comprehensive and systematic introduction to the process of arbitration in environmental matters, both for self-studies and for participants in the seminars on which it is based. The interdisciplinary readership is reflected in the interdisciplinary group of authors. The publication can be used as a training programme. [German] Mit Vorliegen dieses Studienbriefs wird erstmals eine Moeglichkeit geboten, sich umfassend und systematisch, im Eigenstudium oder im Rahmen des dazugehoerigen Seminarprogramms, mit dem Verfahren der Umweltmediation vertraut zu machen. Der Vielfalt der angesprochenen Zielgruppen (Politik, Verwaltung, Wirtschaft, Rechtswesen usw.) wurde in der interdisziplinaeren Zusammensetzung des Autorenkreises Rechnung getragen. Das Layout wurde so gestaltet, dass es die inhaltliche Orientierung erleichert. Zusaetzlich kann der Studienbrief auch als Bauelement fuer eine umfassendere Wissensaneignung dienen: Erstens ist es moeglich, sich ueber das oben genannte Ausbildungsprogramm fuer Praktiker zum Mediator fortzubilden. Zweitens besteht die Chance, das erworbene Wissen durch einen Lehrgang zur Agenda-Moderation des Wissenschaftsladen Bonn e.V. um weitere konsens- und handlungsorientierte Verfahren zu erweitern. Informationen koennen ueber den Foerderverein Umweltmediation e.V., Matthias-Gruenewald-Str. 1-3, 53175 Bonn, Tel. 0228/3 72 99 27, eingeholt werden. (orig.)

  13. [Cases from the area between geriatrics and trauma surgery. Examples from the medical arbitration board].

    Science.gov (United States)

    Lucke, C; Westermann, K; Lucke, M; Schellmann, W D; Wohlers, C

    2010-06-01

    Medical arbitration boards ("Schlichtungsstellen", expert panels for extrajudicial malpractice claim resolution) try to settle claims of suspected malpractice between patients and their physicians and to avoid court trials. Numerous studies found an increasing incidence of adverse events with rising age. Injuries that occur in the hospital are frequently beyond the specialty of the treating physician. Therefore, the physician has to broaden his diagnostic view beyond the borders of his own specialty to recognize injuries in his patients and to prevent malpractice claims.In this paper, we report on adverse events in elderly patients where the geriatrician/internist was accused of negligence for not having promptly recognized a fracture after a fall or having chosen an inadequate operative procedure. For example, the importance of weight bearing osteosynthesis, mandatory in hip fractures in the elderly population to prevent long-term immobilization, is discussed.Adverse events due to negligence are more frequent among the elderly; the reasons are discussed. They will never be entirely preventable. The data presented in this report may be helpful to recognize fractures in time and to ensure adequate treatment, in order to reduce the number of court claims.

  14. Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia

    Directory of Open Access Journals (Sweden)

    Yordan Gunawan

    2017-03-01

    Full Text Available The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.

  15. On Recognition and Enforcement of Arbitral Award Made in China by ICC%ICC在中国作出裁决的承认与执行问题

    Institute of Scientific and Technical Information of China (English)

    任彦

    2011-01-01

    According to the 1958 New York Convention and the theory of arbitration place, the arbutral award made in China by ICC is a non-domestic award. However, because of the closed arbitral market and the reservation we have made when we joined the New York Convention, the arbitral award made in China by ICC faces lots of problems. ,Only the opened arbitral market, a corrected way of explanation and the amendment of the law at home can make the arbitrall award be recognized and enforced.%事人选择ICC在中国仲裁所作出的裁决根据《纽约公约》的规定以及“仲裁地”理论,应为“非内国裁决”。由于我国尚未开放的仲裁市场以及我国加入《纽约公约》时的保留,此类裁决面临着现实的法律障碍。开放仲裁市场、运用目的解释《纽约公约》下的义务以及修改我国国内法能够最终使ICC在中国作出之判决得到承认与执行。

  16. Utilization of the arbitration in contracts of unitization in a petroleum industry; Utilizacao da arbitragem nos contratos de unitizacao na industria do petroleo

    Energy Technology Data Exchange (ETDEWEB)

    Franca Junior, Carlos Antonio de [Universidade Federal do Rio Grande do Norte (UFRN), Natal, RN (Brazil)

    2008-07-01

    The present work has like goal to show some controversies generated for the only paragraph of article 27 of the Law of the Oil. The legal device admits when it will not have the celebration of an agreement of unitization between the concessionaires, the use of an arbitral decision as instrument for ANP to solve the conflict. On this term - arbitral decision - we will find a lot of interpretations. To accept a mere literal interpretation is to attack the proper characteristics of the Arbitration - as way of solution of conflicts -, as well as infringing our constitutional and legal text. But, the best exit is not this; therefore using an interpretation in conformity with the constitution we obtain to adapt the norm to our constitutional system, in a rational way. Thus, the object of this work is to search elements to adjust the norm referred to our legal system. For this, we will see a examination concerning the Arbitration, as well as of Contracts of Unitization, for at a second moment discerning on the quarrels between these two subjects, in view of the Law of the Oil and the doctrine of the Oil Law. (author)

  17. Study on International Commercial Arbitration Judicial Legitimacy%国际商事仲裁司法化的正当性研究

    Institute of Scientific and Technical Information of China (English)

    张启; 洪祥星

    2015-01-01

    自联合国国际贸易法委员会《国际商事仲裁示范法》出台以来,国际商事仲裁呈现司法化趋势。仲裁机构的涉外仲裁活动受司法机关的监督或协助,并开始突破当事人意思自治的范畴。国际商事仲裁的司法化是否具有正当性,需要从价值追求的角度为其寻求理论支撑。仲裁与司法的关系错综复杂,各种观点仁智有别。研究如何在仲裁与司法之间实现更好的互动,或说司法化如何做到更加合理以符合仲裁的实质利益,对于促进我国涉外仲裁工作具有重要的理论意义和现实意义。%Since UNCITRAL Model Law on International Commercial Arbitration was promulgated, international commercial arbi⁃tration has shown a trend of judicialization. Foreign⁃related arbitration activities of arbitration institution are subject to supervision and assist by judicial offices, and begin to break through the client's autonomy. Whether the judicialization of international commer⁃cial arbitration has legitimacy needs to seek theoretical support from the perspective of value pursuit. The relationship between arbi⁃tration and judicial is complex. There exist various opinions. The research on how to achieve a better interaction between arbitration and judiciary, namely how to achieve more rational judicialization in accordance with substantial benefit of the arbitration, has an important practical significance and theoretical significance for promoting foreign⁃related arbitration work in our country.

  18. Corporations and the Uses of Law: International Investment Arbitration as a “Multilateral Legal Order

    Directory of Open Access Journals (Sweden)

    Peter Muchlinski

    2011-05-01

    Full Text Available This paper seeks to examine the claim, made by certain legal scholars, that international investment law, though based mainly on Bilateral Investment Treaties (BITs is in fact a multilateral order that introduces principles of an emergent “global administrative law” into the regulation of state conduct in relation to foreign investors and their investments. Such scholars argue that this order develops through the decisions of investor-State arbitral tribunals which are creating a harmonised understanding of the meaning of BIT provisions and an institutional system of adjudication that furthers the development of global administrative principles. Through a critical examination of this approach the paper argues that this field is not a multilateral order but an unstructured process of privatised legal entrepreneurship which seeks to further a professional interest in developing an extensive, investor friendly, regime of BITs. Furthermore, that process fails as a means of providing effective or legitimate legal review of administrative action.  The argument is made both on a theoretical level and by a review of a specific issue in international investment law, namely, the development of  wider types of claims and the rise of so-called “treaty shopping” by means of corporate group structuring.  In particular the multi-jurisdictional location of various affiliates in a multinational enterprise creates a network of potential claimants in investor state disputes, giving rise to the risk of multiple claims, while the possibility of setting up affiliates in various jurisdictions creates opportunities for “treaty shopping”. “Treaty shopping” involves the enterprise locating an affiliate in a jurisdiction that has signed an investment protection treaty with the host country, allowing various affiliates and/or the parent in a group enterprise to benefit from treaty protection even though they possess the nationality of a state that has no

  19. Mediation and arbitration in the energy industry: focus on the IBDE (Instituto Brasileiro de Estudos do Direito da Energia) chamber; Mediacao e arbitragem na industria da energia: enfoque na camara do IBDE (Instituto Brasileiro de Estudos do Direito da Energia)

    Energy Technology Data Exchange (ETDEWEB)

    Pereira, Marianna Perantoni; Cavalcante, Hellen Priscilla Marinho [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    This research aims to cover the institutes of mediation and arbitration, which have shown themselves increasingly tailored to the peculiarities and speed required to treat the subjects of great strategic and economic repercussions, which include oil, nuclear, wind, solar , biomass, natural gas and electric. Besides to explore the benefits offered by the institutes, it will investigate whether the country has jurisdiction to arbitration chambers operate in the sector, trying to show in what specific areas they serve. Since then, the study will look at the use of the institutes of mediation and arbitration, taking as its starting point the provisions of the Rules of Arbitration Panel IBDE, which shows include greater coverage with respect to the energy industry.

  20. Migração usando equação da onda unidirecional de abertura arbitrária

    OpenAIRE

    COSTA, Lúcio Alan Pires da

    2007-01-01

    Neste trabalho avaliamos uma classe de operadores de continuação de campos de onda, baseados em equações unidirecionais e com aplicação direta à migração sísmica. O método de representação de equações de onda unidirecionais, desenvolvido neste trabalho, é válido para abertura angular arbitrária, baseia-se no conceito de rigidez de um semiespaço, na transformação Dirichlet-Neumann e em sua discretização por elementos finitos. O método de construção dos operadores de continuação requer a introd...

  1. Los Orígenes de la Jurisdicción Arbitral en el Derecho de Aguas Chileno

    Directory of Open Access Journals (Sweden)

    Iván Mauricio Obando Camino

    2005-01-01

    Full Text Available Este artículo trata acerca de los orígenes de la jurisdicción arbitral en el derecho de aguas chileno. El autor sostiene que el origen de esta jurisdicción se remonta a los estatutos de la Sociedad del Canal de Maipo, dictados entre 1827 y 1831. Ella fue confirmada por la Excma. Corte Suprema en la causa «Donato Millán con Sociedad del Canal de Maipo», de 1888. El legislador se inspiró en los estatutos de dicha sociedad para dictar la L. N° 2139, de 1908, sobre Asociaciones de Canalistas, la que fue elaborada por el abogado de aquélla, don Carlos Aldunate Solar. La Excma. Corte Suprema dio su fisonomía definitiva a esa jurisdicción en la causa «Marx y otro con Asociación de Canalistas del Río Huasco», de 1945, en la que declaró que el directorio de una asociación de canalistas no podía conocer de juicios declarativos de derechos de agua.This article deals about the origins of arbitral jurisdiction in the Chilean water law. The author maintains that the origins of this jurisdiction go back to the by-laws of the Maipo Channel Society, enacted from 1827 through 1831. The judiciary confirmed this jurisdiction in the 1888 case "Donato Millán vs. Maipo Channel Society". The legislature took the Maipo Channel Society as a model to pass the 1908 Act N° 2139, on Water Channels Owners Associations, drafted by Mr. Carlos Aldunate Solar, the counselor of the society. The Chilean Supreme Court gave its definite meaning to that jurisdiction in the 1945 case "Marx and another vs. Water Channel Association of the Huasco River" wherein it stated that the association board could not adjudicate on the existence of water law rights.

  2. The Standards of Proof for Bribery in International Investment Arbitration%论国际投资仲裁中贿赂行为的证明标准

    Institute of Scientific and Technical Information of China (English)

    王海浪

    2012-01-01

    As to the standards of proof for bribery,the international investment arbitration tribunals tend to adopt the higher standard of proof used by international commercial tribunals from remaining silent before.However,international investment arbitration differs greatly from international commercial tribunal.The traditional reasons and unconscious motives,on which "the higher standard of proof" is based by international commercial tribunals,do not exist in international investment arbitration.Thus,there are no legal grounds to adopt the higher standard of proof in international investment arbitration.The author suggests designating bribery in BIT as one of the disputes matters with which arbitration is unavailable,or explicitly stipulating the appropriate standards of proof in BIT.As a possible respondent in international investment arbitration proceeding,China should discuss the standard of proof for bribery with the Tribunal at an early stage to achieve favorable conditions.%对于贿赂行为的证明标准,国际投资仲裁庭的倾向是从回避到明确借鉴传统商事仲裁中的"更高证明标准"。然而,国际投资仲裁与国际商事仲裁存在较大的区别。支持国际商事仲裁庭采用"更高证明标准"的传统理由及潜在动机在国际投资仲裁中并不存在。因此,在国际投资仲裁中采用"更高证明标准"的法律依据不足。建议中国在BIT中将贿赂作为不可仲裁的投资争端事项之一加以规定,或者明确规定应采纳的证明标准。如中国作为被申请方参加国际投资仲裁程序,应该主动与仲裁庭讨论关于贿赂的证明标准问题,以争取有利条件。

  3. Reconstruction of China’s Law on Interim Measures for Arbitration%论我国仲裁保全措施制度的重构

    Institute of Scientific and Technical Information of China (English)

    张圣翠

    2016-01-01

    我国现行的仲裁保全措施制度存在着未赋予仲裁庭发布保全措施的权力及人民法院予以执行的明确规范、没有赋予当事人申请仲裁后直接向人民法院寻求保全措施救济权等缺陷,其弥补的最好方法应是主要通过修订《仲裁法》的方式予以重构,以便于使用者适用。在仲裁庭发布的保全措施类型方面应以非单边为限,并对证据保全以外的保全措施要以紧急性等为条件。我国还应当建构人民法院执行仲裁庭发布的临时措施规范,并完善人民法院本身为该种措施发布主体的规则。%China’s law on interim measures for arbitration has lots of flaw s such as prohibi-ting arbitral tribunals from issuing this type of orders ,no express provisions for the people’s courts to enforce those tribunal-ordered provisional remedies ,and no explicit rules for parties to seek directly conservatory measures from the people’s courts .The best method for overcoming the flaws abovementioned is to revise the Arbitration Act to facilitate the users to apply .In the forthcoming revised Arbitration Act ,in terms of the types of interim measures issued by arbitral tribunals ,China should not allow preliminary orders and shall enact certain conditions like “ur-gency” for those interim measures other than evidential matters .China should also construct the norms of people’s courts’ enforcement of interim measures issued by arbitral tribunals and im-prove the rules for the peoples’ courts as the subject issuing conservatory measures .

  4. The New Development of Interim Measures in International Commercial Arbitration in China:From the Perspective of the Revised Civil Procedure Law and Amendments of Arbitration Rules%国际商事仲裁中临时措施在中国的新发展--以民诉法修改和仲裁规则修订为视角

    Institute of Scientific and Technical Information of China (English)

    李晶

    2014-01-01

    The revised 2012 CiviL Procedure Law added the provisions of pre-arbitration interim measures, put the act conservation into the category of interim measures,but remained the excLusive power of Chinaˊs court to issue an interim measure. The newLy promuLgated arbitration ruLes aLso made some amendments to the interim measures,the arbitration ruLes of Shanghai arbitration center of the free trade zone in 2014 went fur-ther,not onLy reguLated the power of an arbitration tribunaL to issue an interim measure,but aLso estabLished the urgent arbitration tribunaL system,which couLd make an interim measure before the estabLishment of an normaL arbitration tribunaL. These ruLes break through the traditionaL system of the CiviL Procedure Law. This articLe anaLyzes the interaction of the revised civiL procedure Law and amendments of arbitration ruLes on the in-terim measures,suggesting that the arbitration tribunaL shouLd be given the power to make interim measures, the act conservation shouLd be incLuded into the scope of interim measures,the system of“emergency arbitra-tion tribunaL”shouLd be estabLished,which is usefuL for the parties to get reasonabLe reLief. Furthermore,the provisions of the LocaL Law shouLd be compLied when enforcing the interim measures.%2012年民诉法修改增加对仲裁前临时措施的规定,并将行为保全纳入临时措施的范畴,但仍未改变只能由我国法院发布临时措施的单轨制设计。新近颁布的一些仲裁规则也对临时措施作出修订,特别是2014年上海仲裁中心的自贸区仲裁规则走得更远,不仅规定了仲裁庭和紧急仲裁庭发布临时措施的权力,也将临时措施的发布时间扩展到仲裁前、仲裁庭成立前和仲裁中。这些规则突破了传统民诉法的规定。通过分析民诉法修改和仲裁规则修订对国际商事仲裁中临时措施的交互作用,认为应当赋予仲裁庭作出临时措施的权力,将行为保全纳入仲裁中

  5. Thinking of Judicial Review on Refusing to Execute Arbitration Award%关于不予执行仲裁裁决司法审查的思考

    Institute of Scientific and Technical Information of China (English)

    吴延学

    2012-01-01

    高度自治的仲裁权同样存在着侵害当事人合法权益的可能和风险,对其进行监督就成为必要,司法监督是最好的监督方式。不予执行仲裁裁决的司法审查是对仲裁进行监督的重要方式之一。%There is still possibility and risk of infringing clients' legitimate interests in autonomous arbitral power. It is necessary to supervise it. Judicial supervision is the best way. Judicial review on refusing to execute arbitration award is one of the important ways of it.

  6. 国际商事仲裁第三人制度研究%Research on the third party system in the international commercial arbitration

    Institute of Scientific and Technical Information of China (English)

    茹艳爽

    2011-01-01

    Arbitration is one of the most mportant method of ADR,which is sometimes related to the third party.The Third Party Principle in the field of International Commercial Arbitration is set to resovle multi-national and multi-parties disputes.Considering The%仲裁第三制度就是为了解决多方当事人争议而发展起来的一种理论。国际商事纠纷的复杂性更需要一种经济、快捷的解决多方当事人的争议的纠纷解决机制。仲裁第三制度成为一种普遍选择和必然趋势。

  7. A economia da arbitragem: escolha racional e geração de valor The economics of arbitration: rational choice and value creation

    Directory of Open Access Journals (Sweden)

    Antonio Celso Fonseca Pugliese

    2008-06-01

    Full Text Available Este texto analisa a arbitragem e suas relações com a jurisdição a partir do conceito de custo de transação. Seu objetivo é mostrar como a arbitragem é capaz de reduzir os custos de transação de um determinado ambiente normativo e contribuir para aperfeiçoar as instituições. Os custos relacionados ao uso da arbitragem e da jurisdição funcionam como um preço: quanto maior o custo, menor a procura por eles (e viceversa. Potencialmente, a arbitragem pode permitir a redução dos custos de transação em razão (a da relativa agilidade com que é concluída, (b da relativa imparcialidade do árbitro e (c da especialização dos árbitros. Além disso, a utilização da arbitragem pode criar melhores incentivos para o adimplemento das obrigações contratuais. Isso porque a inclusão da cláusula arbitral em um contrato dá às partes a possibilidade de regular o ambiente normativo a que se submeterão em caso de disputas. A falta de clareza sobre a legalidade dos procedimentos arbitrais aumenta os custos de transação impostos pelo ambiente normativo. Quanto maior o grau de incerteza, tanto maiores serão os incentivos para que os indivíduos alterem seus padrões negociais ou simplesmente reduzam sua participação em atividades econômicas, reduzindo-se, conseqüentemente, o potencial de geração de riqueza para a sociedade.This article examines the institute of arbitration and its relationship with court activities from the perspective of transactions costs. Its objective is to show how arbitration can reduce the transactions costs in a certain normative environment and contribute to institutional improvement. The costs related to the use arbitration and court proceedings work like a price mechanism: the bigger the cost, the lower the demand (and vice-versa. The institute of arbitration can potentially engender a reduction of transactions costs because of (a the relative quickness with which it is carried out, (b the relative

  8. 论仲裁管辖权与司法管辖权之间的冲突%Analysis of the arbitration jurisdiction conflict between rights and jurisdiction

    Institute of Scientific and Technical Information of China (English)

    王骞宇

    2013-01-01

    under the background of economic globalization , the international civil and commercial activi-ties are increasing , transnational civil and commercial disputes are also increasingly prominent .In order to solve the civil and commercial legal disputes , on one hand , the parties choose arbitration as civil and commer-cial disputes in the premise of an arbitration agreement or the arbitration clause under way;on the other hand , the parties may also choose to the jurisdiction of the courts of this traditional method of dispute settlement .In practice , as a dispute between the jurisdiction solution based conflicts , how to resolve the conflict of arbitration jurisdiction and judicial jurisdiction , has important practical significance to promote the civil and commercial disputes resolution .%经济全球化的背景下,国际民商事活动日益增多,跨国民商事争端也随之日益突显。为了妥善解决民商事法律争端,一方面,当事人在达成仲裁协议或仲裁条款的前提下会选择仲裁作为民商事争端的解决方式;另一方面,当事人亦可以选择向有管辖权的法院进行诉讼这一传统的争端解决方式。在实践中,作为争端解决方式基础的管辖权之间会产生冲突,如何解决仲裁管辖权与司法管辖权的冲突,对于推动民商事争端的解决具有重要的现实意义。

  9. Reform and Trend of Development of Arbitration System of Modern and Contemporary China%晚近中国仲裁制度的变革与发展趋势

    Institute of Scientific and Technical Information of China (English)

    杨玲

    2016-01-01

    在国际商事仲裁发展的背景下,我国对仲裁制度进行了修改和完善。新近修订的《民事诉讼法》和新颁布的《自贸区仲裁规则》集中反映了我国仲裁制度改革的成果。在仲裁临时措施的立法方面,完善了临时措施的种类和时限。《自贸区仲裁规则》规定在准据法许可的情况下,仲裁庭可以作出临时措施,弥补立法之不足。友好仲裁,因受限于“依法仲裁”和“枉法仲裁罪”的规定,一直在我国难有作为。《自贸区仲裁规则》首开先河,允许仲裁庭在当事人合意下依公允善良原则作出裁决。《自贸区仲裁规则》中仲裁员开放名册制的确立,为机构仲裁与临时仲裁搭建起桥梁。尽管我国仲裁制度的发展以国际通行的“支持仲裁”为方向,但仍存在诸如国际国内仲裁双轨制、仲裁协议审查过严以及国内仲裁缺乏国际竞争力等问题。我国仲裁制度自下而上的改革,必须首先从立法的变革着手。%Under the background of the development of international commerce arbitration, China has amended and perfected the arbitration system. The newly-amended Civil Procedure Law of the People’s Republic of China and newly-issued Free Trade Area Arbitration Rules are the representatives of the reform of arbitration system of China. In the leg-islation of interim measures for arbitration, the types and time limits are specified. According to Free Trade Area Arbitra-tion Rules, arbitration courts can make interim measures with the permission of the lex causae, which has complemented the deficiency of legislation. Due to the limitation of “arbitration according to law” and “crime of misuse of law in arbi-tration”, amiable composition has not been desirable. Free Trade Area Arbitration Rules agrees that arbitration courts shall arbitrate according to principles of fairness and kindness with the agreement of litigants. However, there

  10. Benefits of the quality assured double and arbitration reading of mammograms in the early diagnosis of breast cancer in symptomatic women

    Energy Technology Data Exchange (ETDEWEB)

    Waldmann, Annika; Katalinic, Alexander [University Hospital Schleswig-Holstein, Institute of Clinical Epidemiology, Luebeck (Germany); Kapsimalakou, Smaragda; Grande-Nagel, Isabell; Barkhausen, Joerg; Vogt, Florian M. [University Hospital Schleswig-Holstein, Clinic of Radiology and Nuclear Medicine, Luebeck (Germany); Stoeckelhuber, Beate M. [Hospital of Kiel, Department of Radiology, Kiel (Germany); Fischer, Dorothea [University of Luebeck, Department of Obstetrics and Gynecology, Luebeck (Germany)

    2012-05-15

    To address the benefits of double and arbitration reading regarding tumour detection rates, percentage of in situ tumours, and number (of patients) needed to send for expert reading (number needed to treat; NNT) for one additional tumour finding. QuaMaDi is a quality assured breast cancer diagnosis programme; with two-view mammography (craniocaudal, mediolateral oblique) and, in case of breast density ACR 3 or 4, routine ultrasound imaging; and with independent double reading of all images. A consecutive sample of symptomatic women, i.e. women at risk for breast cancer, women aged 70 and above, and/or women with preceding BI-RADS III findings, was analysed. 28,558 mammograms were performed (mean age of women: 57.3 [standard deviation: 12.3] years). Discordant findings were present in 3,837 double readings and were sent for arbitration reading. After histopathological assessment, 52 carcinomas were found (thereof 32% in situ). These carcinomas accounted for 1.8 tumours per 1,000 examinations in the total cohort and increased the tumour detection rate up to 16.4/1,000. The NNT in discordant cases was 74. Double and arbitration reading appears to be a useful tool to ensure the quality of early detection of breast lesions in symptomatic women during indication-based, standardised mammography. circle Quality assured breast cancer diagnosis is feasible outside organised screening structures. (orig.)

  11. Review of arbitration clauses in contracts of concession of the 10th. bidding round of the ANP - Agencia Nacional de Petroleo, Gas Natural e Biocombustives; Analise das clausulas de arbitragem nos contratos de concessao da 10a. rodada de licitacoes da Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis

    Energy Technology Data Exchange (ETDEWEB)

    Seixas, Luiz Felipe Monteiro [Agencia Nacional do Petroleo, Gas Natural e Biocombustiveis (ANP), Brasilia, DF (Brazil). Programa de Recursos Humanos em Direito do Petroleo, Gas Natural e Biocombustiveis

    2010-01-15

    The use of arbitration as an instrument of conflict resolution has been consolidated in business practices, in particular due to its efficiency and dynamism to the current situation facing the national legal system. In this sense, distinguished the use of arbitration in the oil and natural gas industry, with peculiarities that is already being studied by several researchers in the field of law. This research will analyze the arbitration clauses that comprise the Model Concession Agreement for the 10th Round of ANP, bringing, a brief explanation on the prevision of the use of arbitration in Petroleum Law (Law no. 9.478/97), and as such has influenced the making of the prevision arbitration clauses of concession contracts.Thus, the research, contributed to the study of arbitration in a generic way, and in particular in the oil activity. Finally, some considerations about the rules of arbitration of International Chamber of Commerce shall be plotted in order to reflect the same on the arbitration procedures adopted in the industry of petroleum and natural gas.

  12. Nuclear phase-out before court. Legal protection by investment protection arbitration; Atomausstieg vor Gericht. Rechtsschutz durch Investitionsschutz-Schiedsgerichtsverfahren (ICSID)

    Energy Technology Data Exchange (ETDEWEB)

    Leidinger, Tobias [Luther Rechtsanwaltsgesellschaft, Duesseldorf (Germany)

    2016-11-15

    On the basis of the nuclear power phase out in Germany in 2011, three nuclear power plant operators (E.ON, RWE and Vattenfall) submitted constitutional complaints to the Federal Constitutional Court. In parallel, Vattenfall, a Swedish state-owned company, took a second legal option: An investment protection arbitration procedure against Germany was initiated on the basis of the ''Energiecharta'' contract. A negotiation took place in October 2016. Critics notice that this would provide a foreign company with a special legal action. They want to derive consequences for the content and conclusion of further trade agreements (for example, TTIP).

  13. Lock-bit Anti-collision Algorithm Based on State Arbitration%基于状态仲裁的锁位防碰撞算法

    Institute of Scientific and Technical Information of China (English)

    张捍东; 何明敏

    2012-01-01

    The lock-bit anti-collision algorithm based on state arbitration is proposed on the basis of dynamic and back-binary algorithm. This algorithm coalesces lock-bit and multi-state ideas. It estimates searching cards by lock-bit, and does state segmentation of card number in the search process, and can arbitrate two states to direct the two cards for data operation. This paper uses of identification number and bit number of transmission to complete algorithm performance analysis. Simulation results show that the algorithm can reduce identification number, bit number of transmission, and retrench search time.%结合动态后退式算法,提出一种基于状态仲裁的锁位防碰撞算法.融合锁位和多状态的思想,对搜索到的卡号进行锁位判断,在搜索过程中不断对卡号完成状态分割,在2个准备态直接仲裁出2张卡,并对其进行数据操作,从识别次数和传输位数方面分析算法的性能.仿真结果表明,该算法能减少识别次数和传输位数,节省搜索时间.

  14. Una aproximación a la visión de la corrección del desequilibrio contractual desde la perspectiva de la jurisprudencia arbitral.

    Directory of Open Access Journals (Sweden)

    Fernando Silva García

    2007-12-01

    Full Text Available El presente documento se elabora a partir del trabajo de investigación que sobre los pronunciamientos de la justicia arbitral en relación con la aplicación del principio de equilibrio económico en el contrato se efectuó en el marco de las actividades del Grupo de Investigación “Derecho Comercial y Comparado”, que junto con el Grupo de Investigación “La Empresa y el Tratamiento de la Crisis Empresarial” se conformaron al interior del Departamento de Derecho Comercial, que es una de las áreas académicas de la Facultad de Derecho de la Universidad Externado de Colombia. En desarrollo de la mencionada investigación se realizó un análisis de la jurisprudencia arbitral en materias relacionadas con el principio del equilibrio económico en la contratación pública y privada, para cuyo efecto se examinaron laudos arbitrales proferidos entre los años de 1970 y 2004.

  15. Una aproximación a la visión de la corrección del desequilibrio contractual desde la perspectiva de la jurisprudencia arbitral.

    Directory of Open Access Journals (Sweden)

    Fernando Silva García

    2007-01-01

    Full Text Available El presente documento se elabora a partir del trabajo de investigación que sobre los pronunciamientos de la justicia arbitral en relación con la aplicación del principio de equilibrio económico en el contrato se efectuó en el marco de las actividades del Grupo de Investigación “Derecho Comercial y Comparado”, que junto con el Grupo de Investigación “La Empresa y el Tratamiento de la Crisis Empresarial” se conformaron al interior del Departamento de Derecho Comercial, que es una de las áreas académicas de la Facultad de Derecho de la Universidad Externado de Colombia. En desarrollo de la mencionada investigación se realizó un análisis de la jurisprudencia arbitral en materias relacionadas con el principio del equilibrio económico en la contratación pública y privada, para cuyo efecto se examinaron laudos arbitrales proferidos entre los años de 1970 y 2004.

  16. The Effects of Fact-Finding and Final-Offer Issue-by-Issue Interest Arbitration on Teachers' Wages, Fringe Benefits and Language Provisions: A Comparative Analysis of New Jersey and Connecticut, 1980-1986.

    Science.gov (United States)

    Ries, Edith Dunfee

    This paper presents findings of a study that examined the effects of two dispute resolution procedures--fact-finding and compulsory final-offer, issue-by-issue interest arbitration--on teachers' wages, fringe benefits, and language provisions. New Jersey uses fact-finding dispute resolution, in which a recommendation for settlement is submitted to…

  17. 一种基于权重与轮询的双层仲裁算法%A Two-level Arbitration Algorithm Based on Weight and Round-robin

    Institute of Scientific and Technical Information of China (English)

    吴睿振; 杨银堂; 张丽; 陆锋雷

    2013-01-01

    A two-level arbitration algorithm based on weight and Round-Robin (RR) is presented. It sets weight by tickets and employs improved Fixed Priority (FP) and RR arbitration to work in turn respectively under the conditions that there is no contention and there exit heavy contentions. In the NonIdling and NonPreemptive (NINP) model, the proposed arbitration algorithm is much better in the output bandwidth ratio, bandwidth utilization, power, fanout and it also has advantages in speed and area compared with the commonly-used FP, RR and Lottery arbitration algorithms. The proposed arbitration algorithm is suitable in various request environments, simple in logic and easy to implement, so it can be applied to SoC bus systems.%该文提出一种基于权重与轮询(Round-Robin, RR)的双层仲裁算法,在无冲突和多冲突情况下分别采用改进的固定优先级(Fixed Priority, FP)和RR仲裁轮流工作,并通过彩票项设置权重。在非空非抢占(NonIdling and NonPreemptive, NINP)模型下相比传统FP, RR和Lottery仲裁算法有更好的输出带宽比、带宽占用率和功耗,在速度和面积上有一定优势。该算法适应多种请求环境,逻辑简单,容易实现,可应用于总线结构的片上系统(System-on-Chip, SoC)。

  18. MODELING DYNAMICS OF EXPEDITING ARBITRATION COURTS OF RUSSIAN FEDRATION Моделирование динамики показателя оперативности арбитражных судов РФ

    Directory of Open Access Journals (Sweden)

    Tishenko L. G.

    2012-01-01

    Full Text Available In this article, a mathematical model of the dynamics of the efficiency of arbitration courts of Russian Federation in the form of the Cauchy problem for systems of difference and differential equations is built. The main regularities of the dynamics of the efficiency of arbitration courts are found

  19. 《民事诉讼法》修改与不予执行仲裁裁决——以北京仲裁委员会为对象的实证分析%On the Non- Enforcement of Arbitral Award with Background of Revising Civil Procedural Law- An Empirical Analysis in Practice Related to Beijing Arbitration Commission

    Institute of Scientific and Technical Information of China (English)

    王亚新; 陈福勇

    2012-01-01

    There is much debate currently on how to revise the grounds for non - enforcing arbitral award stipu-lated in article 213 of China civil procedural law. To provide beneficial reference for related discussion, it is necessary to do an empirical analysis of the first - hand data from the arbitration and judicial practice. Study on rulings concerned with the non - enforcement of the awards issued by Beijing Arbitration Commission from 1995 to 2010 ex- presses that factors illustrating the non - enforcement of an award are diverse. From the perspective of practice, at least the ground related to fact finding stipulated in Article 213 (4) should be changed into "falsifying or eoncealing evidence" which is stipulated as grounds of setting aside award in Article 58 of China arbitration law.%目前学界和仲裁界对《民事诉讼法》第213条规定的不予执行仲裁裁决的条件是否修改及怎样修改存在较大争议。为了给相关讨论提供有益素材,有必要取得来自仲裁及司法实践的第一手资料并作实证性的考察。通过对北京仲裁委员会1995—2010年仲裁裁决被不予执行的裁定进行分析发现,影响不予执行的因素是多元的。从实务的视角出发,至少应把第213条第(四)款牵涉事实认定的事由统一到《仲裁法》第58条作为撤销仲裁裁决事由的“伪造或隐瞒证据”的规定上去。

  20. 台灣科技產業運用中國涉外仲裁機制之策略研究 A Research on Utilization Strategy to China Foreign-related Arbitration by Taiwan High-Tech Industry Companies

    Directory of Open Access Journals (Sweden)

    王文杰 Wen-Chieh Wang

    2008-06-01

    Full Text Available 台灣科技產業西進中國大陸尋求發展與全球布局過程中,在面臨國際商事爭議事件之際,如何運用中國涉外仲裁機制以作為替代爭議解決模式與途徑,值得國內業界加以認真對待。中國涉外仲裁機制發展迄今逾五十年,1994 年仲裁法頒布實施,明文賦予該機制法律位階地位;同時亦於市場經濟中定位為特殊法律服務。仲裁法頒布實施至今逾十年,以中國國際經濟貿易仲裁委員會為運作主力之中國涉外仲裁機制成為中國替代爭議解決機制之核心,亦成就該機制在國際商事仲裁市場之一席之地。本文藉由實證分析之角度,嘗試建構台灣科技產業運用中國涉外仲裁機制之策略,呈現中國涉外仲裁機制之特點與台灣科技產業運用策略間之關係,並進而分析中國涉外仲裁機制對於台灣科技產業之策略目標之適切性。 It is worthy and necessary for Taiwan High-Tech Industry Companies to pay close attention to China Foreign-related Arbitration mechanism to be utilized as alternative dispute resolution to resolve international commercial disputes such companies incurred when conducting global businesses and seeking developments in China. China Foreign-related Arbitration mechanism has been operating and developing for over fifty (50 years and it has been recognized and formulated of its legal status since the announcement and enforcement of Arbitration Law of People’s Republic of China (1994. From market and economic perspective, China Foreign-related Arbitration is considered as a sort of special legal service. China Foreign-related Arbitration mechanism, mainly acted by China International Economic and Trade Arbitration Commission (“CIETAC”, has become the core of China alternative dispute resolution and has also played an important role in international commercial arbitration world after 10-years development from the enforcement

  1. Prospective trial comparing full-field digital mammography (FFDM) versus combined FFDM and tomosynthesis in a population-based screening programme using independent double reading with arbitration

    Energy Technology Data Exchange (ETDEWEB)

    Skaane, Per [Oslo University Hospital, University of Oslo, Department of Radiology, Oslo (Norway); Oslo University Hospital Ullevaal, Department of Radiology, Breast Imaging Center, Oslo (Norway); Bandos, Andriy I. [University of Pittsburgh, Department of Biostatistics, Pittsburgh (United States); Gullien, Randi; Eben, Ellen B.; Haakenaasen, Unni; Izadi, Mina; Jebsen, Ingvild N.; Jahr, Gunnar; Krager, Mona [Department of Radiology, Oslo University Hospital, Oslo (Norway); Ekseth, Ulrika [Curato Roentgen Institute, Oslo (Norway); Hofvind, Solveig [The Cancer Registry, Institute of Population-based Cancer Research, Oslo (Norway)

    2013-08-15

    To compare double readings when interpreting full field digital mammography (2D) and tomosynthesis (3D) during mammographic screening. A prospective, Ethical Committee approved screening study is underway. During the first year 12,621 consenting women underwent both 2D and 3D imaging. Each examination was independently interpreted by four radiologists under four reading modes: Arm A - 2D; Arm B - 2D + CAD; Arm C - 2D + 3D; Arm D - synthesised 2D + 3D. Examinations with a positive score by at least one reader were discussed at an arbitration meeting before a final management decision. Paired double reading of 2D (Arm A + B) and 2D + 3D (Arm C + D) were analysed. Performance measures were compared using generalised linear mixed models, accounting for inter-reader performance heterogeneity (P < 0.05). Pre-arbitration false-positive scores were 10.3 % (1,286/12,501) and 8.5 % (1,057/12,501) for 2D and 2D + 3D, respectively (P < 0.001). Recall rates were 2.9 % (365/12,621) and 3.7 % (463/12,621), respectively (P = 0.005). Cancer detection was 7.1 (90/12,621) and 9.4 (119/12,621) per 1,000 examinations, respectively (30 % increase, P < 0.001); positive predictive values (detected cancer patients per 100 recalls) were 24.7 % and 25.5 %, respectively (P = 0.97). Using 2D + 3D, double-reading radiologists detected 27 additional invasive cancers (P < 0.001). Double reading of 2D + 3D significantly improves the cancer detection rate in mammography screening. (orig.)

  2. International Sports Arbitration System and the Development of Sports Legalization in China%国际体育仲裁制度与中国体育法治发展

    Institute of Scientific and Technical Information of China (English)

    于善旭

    2012-01-01

    With the development of legalization and sports modernization in the world, the international sports arbitration system, with the representative of CAS, continues to develop for perfection. This has been followed with interest by China, which is strengthening its construction of sports legalization. The article details China's including arbitration clauses in its Sports Law, trying to establish sports arbitration system in China following the example of CAS, cooperating actively with CAS during the Beijing Olympic Games and encouraging extensive academic study on international sports arbitration. It elaborates on the close link and correlation between China and international sports arbitration system. It reveals the expand- ing influence of the international sports arbitration system in China and the importance of promoting the development of sports legalization in China.%摘要:在全球法治化和体育现代化的发展中,以国际体育仲裁院(CAS)为代表的国际体育仲裁制度不断地发展和完善,得到了正在加强体育法治建设的中国的密切关注和主动借鉴。文章通过中国对其吸纳在《体育法》中设立仲裁条款、以其为参照探索中国体育仲裁制度的建立、在北京奥运会等多方面与其进行积极合作以及广泛开展国际体育仲裁的学术研究等方面进行分析,阐述了中国与国际体育仲裁制度的紧密联系和互为关系,揭示了国际体育仲裁制度在中国影响的日益扩大和对促进中国体育法治发展的重要意义。

  3. Arbitrators, Blacks and Discipline

    Science.gov (United States)

    Jennings, Kenneth

    1975-01-01

    A discussion of the handling of disciplinary problems of black employees concludes that management should be concerned because of the effect that grievance resolution may have on the company's overall employee discipline program and the additional appeal alternatives available to the black employee. (Author/EA)

  4. The arbitration clause of the American International Petroleum Negotiators - AIPN; A clausula compromissoria do modelo AIPN 2002 (American International Petroleum Negotiators) para 'joint operating agreement' a luz da legislacao brasileira

    Energy Technology Data Exchange (ETDEWEB)

    Caroli, Carla [Petroleo Brasileiro S.A. (PETROBRAS), Rio de Janeiro, RJ (Brazil)

    2008-07-01

    After the Brazilian Petroleum Act (Lei n. 9.478/97) was enacted and the monopoly over the conduct of E and P activities in Brazil was made flexible, in addition to PETROBRAS, other national and foreign companies could participate in such activities. This participation of different players is increasing, specially by the formation o joint ventures constituted in order to the parties to jointly explore and produce hydrocarbons. Under these new circumstances and considering that it is important to develop efficient contractual rules to discipline the E and P operations, the 2002 AIPN Model Form for Joint Operating Agreement has been often used in Brazil. However, the effectiveness of the arbitration clause provided therein must be analyzed under the applicable law to the contract. Besides, since the operations are to be conducted in Brazil, sometimes the Brazilian Law will apply or decisions rendered by an arbitral tribunal may have to be executed in Brazil. Therefore, this paper intends to analyze how the arbitration clause provided by the 2002 AIPN Model Form may be adapted to fit the Brazilian Law. (author)

  5. The South China Sea Arbitration Case:A Public Opinion War Waged by U.S. & Philippines%南海仲裁案:美菲联手打舆论战

    Institute of Scientific and Technical Information of China (English)

    李金明

    2016-01-01

    南海仲裁案从表面看是菲律宾向仲裁庭提交的,但真正的幕后推手是美国。美国将之作为制衡中国的一步妙棋,妄图以此来化解中国对南海的主权要求。我们从2015年7月8日至13日仲裁庭举行的第一轮口头辩论中就可以看出,美国才是这场仲裁案的主角,无论从文件起草,还是法庭辩论,都是由华盛顿律师一手代理。美菲为了使南海仲裁案引起国际上的重视,还广泛制造舆论,极力渲染南海的紧张气氛,将南海问题说成是全球关注的焦点,藉此向仲裁庭施压。菲律宾大法官甚至以“扩充军备竞赛”为由,对仲裁庭进行威胁和恫吓。然而,由于领土主权问题不属于该仲裁庭的管辖范围,即使仲裁庭未来做出裁决,南海领土争议问题依然存在,最终还是要通过当事国双方直接谈判来解决。%The South China Sea Arbitration case has been superficially submitted by the Philippines to the arbitrationtribunal,but the the real driving force behind it is the United States,who has regarded it as a wise move to counterbalance China and to try to defuse China's sovereignty claims in the South China Sea. From the first round of the oral argument held by the Arbitral Tribunal from July 8th to 13 th ,2015,one can sense that the U.S.is the protagonist of the arbitration.Both the drafting of the legal documents and the tri-bunal arguments were single-handedly agented by the Washington lawyers.In order to bring the South Chi-na Sea Arbitration to the forefront of the international attention,the U.S.and the Philippines had created widespread public opinion,played up tensions in the South China Sea,and called the South China Sea is-sue the focus of global attention,by which means they attempted to put pressure on the Arbitral Tribunal. The Philippine justice even threatened and intimated the Arbitral Tribunal on the pretext of arms race exten-sion.However,the territorial

  6. Implementation of the 1958 New York Convention in Several Asian Countries: The Refusal of Foreign Arbitral Awards Enforcement on the Grounds of Public Policy

    Directory of Open Access Journals (Sweden)

    Erman Radjagukguk

    2011-01-01

    Full Text Available The national character of public policy indicates that the decision is up to the court of national country concerned. Therefore, each country can rule whether public policy and its related issues are part of the country’s public policy. Courts around the world have recognized that Article V of the Convention is discretionary. The courts of Civil Law countries appear to be interpreting public policy broadly. This is quite evident from decisions made by courts in Indonesia, The People’s Republic of China, Japan and Korea. The Indonesian Court considered Article V (2 (b of the New York Convention which states that the court may deny the enforcement of an arbital award if enforcement would violate public policy of the place of enforcement. In addition, before the enactment of Law No. 30 of 1999 concerning Arbitration and Alternative Disptue Resolution, the Court referred to Indonesian Supreme Court Regulation No. 1 of 1999, which provides that the enforcement of foreign arbital awards in Indonesia imitatively applies to awards which do not violate public policy order in terms of all underlying principles of the Indonesian legal system and society. In Indonesia, Bakrie Brothers v. Trading Corporation of Pakistan Ltd., was the first case in which the Indonesian court rejected the enforcement of foreign arbital awards for the reason of violating public policy.

  7. Incorporation of Jurisdiction and Arbitration Clause in Contract%论合同中管辖及仲裁条款的并入

    Institute of Scientific and Technical Information of China (English)

    邓琳

    2012-01-01

    在英美法系,合同中管辖及仲裁条款的并入分为将行业标准条款并入合同,把一个合同中的管辖或仲裁条款并入另一个合同,以及把一方当事人的标准条款并入合同三种情形。在中国国际航运中也经常发生并入的情形,但适用标准不统一。%In common -law system, there are three cases in the incorporation of jurisdiction and arbitration clause in contract. They are to incorporate industry standard terms into the contract, to incorporate the jurisdiction or arbitra- tion clause of one contract into another one, and to incorporate standard terms of one party into the contract. There are also incorporations in China' s international shipping, but the standards are not uniform.

  8. 国内体育赛事仲裁规则改进修订探索%Arbitration Rules of Sports Improved Revised Domestic Exploration

    Institute of Scientific and Technical Information of China (English)

    白杨; 高举英

    2014-01-01

    Along with the people to participate in sports activities and competition is increasing, the annual sports events emerge in an endless stream, whether the athletes still watching the game or games journalist, more and more attention to the enjoyment of the competition and fairness. This requires our organization department disputes in the game process, stakeholders appeal, to make a Review decision of justice and fairness.has not adapt to the current arbitration, Ready for further improvement of the revision.%随着人民群众参与体育活动和比赛的日益增多,每年各种体育赛事层出不穷,不管是参赛的运动员组织还是观看比赛的观众或报道赛事的记者,都越来越关注比赛的观赏性、公平性等,这就需要我们的赛事组织部门在比赛过程出现争议时,相关利益方提出申诉时,做出公正、公平的复审裁决。而《仲裁委员会条例》[1982年7月29日国家体委发布,(82)体政研字8号][1]已经完全不适应目前的仲裁需要,待进一步改进修订。

  9. 加强和创新社会管理——以贵州仲裁工作为视角%Enhancement and Improvement of Social Management——From the Prospective of Arbitration in Guizhou Province

    Institute of Scientific and Technical Information of China (English)

    卜贵荣

    2012-01-01

    To resolve conflict is fundamental to innovation of social management.As a mechanism of conflict solution,whose characteristic is non-governmental,arbitration can be adopted to resolve social conflict fairly and promptly for its neutrality,nongovernmental and convenience.Improvement and adoption of arbitration is a showcase of comprehensive implementation of the theory of scientific development and innovation of social management.%创新社会管理的重要内容之一就是有效化解矛盾,而仲裁作为一种带有民间性质的民商事纠纷解决机制,能够公平合理、及时有效地化解社会矛盾,它的中立性、民间性、便捷性等特点都能在社会管理中加以运用和充分发挥;仲裁工作的不断推进和仲裁调解的广泛适用也是贯彻落实科学发展观、创新社会管理的一种体现。

  10. 运用“刺破公司面纱原则”引入仲裁第三人的正当性分析%Analysis on Legitimacy of Introducing the Third Person of Arbitration with "Piercing the Corporate Veil Principle"

    Institute of Scientific and Technical Information of China (English)

    黄潇筱

    2012-01-01

    Taking the "piercing the corporate veil case" as an example,the article points out the rationality and necessity of the existence of the third person of the arbitration.That is on one hand,it does not violate the principle of autonomy principle of arbitration,but realizes the autonomy under the narrow conditions of party autonomy and is the value targets to arbitration.On the other hand,our laws cannot provide effective alternative measures outside the third person of the arbitration at present.%文章以"刺破公司面纱"案件为例,阐述了仲裁第三人存在的合理性和必要性,即一方面其并不违背仲裁的意思自治原则,而是在对当事人意思自治限缩条件下对意思自治的真正实现,是仲裁的价值目标所向;另一方面目前我国的法律并不能在仲裁第三人之外提供有效的替代性措施。

  11. In the arbitration under Chapter 11 of the North American Free Trade Agreement and the UNCITRAL arbitration rules between Methanex Corp, claimant/investor and United States of America, respondent/party : joint post-hearing submission by AMICI to the Tribunal

    Energy Technology Data Exchange (ETDEWEB)

    Mann, H.; Wagner, M.

    2004-06-29

    Canada-based Methanex Corporation is a major producer of methanol, a key component of methyl tertiary butyl ether (MTBE) which is used in unleaded gasoline. Methanex launched an international arbitration against the United States in response to California's ban of MTBE. California argues that MTBE poses a significant risk to human health and safety and the environment. Methanex claims that the the ban is an expropriation of the company's investment and a violation of Chapter 11 of the North American Free Trade Agreement. Methanex is seeking financial compensation under NAFTA's Article 1110. This document represents the International Institute for Sustainable Development (IISD) in its intervention in the Methanex versus United States dispute. IISD was granted Amicus status (friend of the court) in the Tribunal hearing. As such, IISD represents public interest and builds confidence in the dispute settlement system. This post hearing submission addresses the legal consequences of California's measure to ban MTBE as a bona fide (non-health) environmental issue or as a bona fide public heath measure, and determines whether such measures constitute a violation of NAFTA's Article 1110. 1 ref.

  12. Multifunction Vehicle Bus Arbitration Real-Time Scheduling Algorithm%多功能车辆总线事件仲裁实时调度算法

    Institute of Scientific and Technical Information of China (English)

    王宏志; 徐进权; 胡黄水

    2015-01-01

    针对列车通信采用多功能车辆总线(multifunction vehicle bus,MVB)网络传输数据的实时性要求,提出一种动态优先级时间片轮询算法。该算法根据非周期数据的优先级进行仲裁调度,通过优化算法复杂度、减小数据等待延时和阻塞延时,解决了 MVB 网络实时性的问题。并对 MVB 总线非周期数据的实时性、公平性等进行仿真分析,结果表明,该算法能提高 MVB 总线非周期数据传输的实时性与公平性,可满足列车通信网络标准 ICE61375-1对实时性的要求。%According to the train communication network and multifunction vehicle bus network real-time transport protocols, the authors presented a dynamic priority round-Robin algorithm. Multifunction vehicle bus (MVB ) is used widely in train communication networks to realize interconnection among different devices.It must meet the real-time performance while multifunction vehicle bus is used to transmit data according to the ICE61375-1.In the multifunction vehicle bus network,the delay among transmission equipments mainly includes waiting to be sent delay and transmitting the data packet delay and so on.Based on the priority of non-periodic data to achieve arbitration scheduling,the algorithm can improve the real-time performance of multifunction vehicle bus network to transmit the non-periodic data by means of optimizing the complexity of algorithm and reducing waiting delay and blocking delay.The simulation analysis shows that the algorithm can improve the real-time performance and fairness performance of MVB transmission.At the same time, the algorithm also meets the requirements of the ICE61375-1.

  13. [Visceral medical cases of damage: an analysis of 2763 cases of visceral medical damage of the arbitration agency for questions of medical liability of the north german chamber of physicians].

    Science.gov (United States)

    Pröpper, H

    2014-09-01

    This analysis of visceral medical claims from 2000 - 2009 of the Arbitration Agency for Questions of Medical Liability of the North German Chamber of Physicians can offer advice for error prevention and quality assurance. It provides information on concerned patients and physicians, reproach behaviour, fault priorities and liability. The latter is given in treatment-related error-caused damage (substantiating liability causality 1). Causality is liability excluding if the damage is related to treatment, but not error caused (causality 2) or disease caused (causality 3). 2.763 visceral medical damage cases were selected from 26.474 arbitration cases of the mentioned 10 years by means of ICD-10 codes. Differentially often they concerned almost all medical specialties. In patients affected the peak incidence was at equal gender proportions in the second half of working age. The intestine was affected most often. The 2763 claims accounted for 5.530 patient's reproaches. At 61 % error-free cases 1954 established treatment errors distributed to 39 % of faulty cases. 840 (30 %) cases corresponded to liability establishing causality 1. Of these 363 (43 %) cases with faulty operational measures were listed only for comparative purposes. Extensively studied were 345 (41 %) cases with faulty conservative measures and 132 (16 %) cases with errors in connection with endoscopic measures. The conservative measures group most commonly affected was with 52 % diagnosis, general diagnostics, medical history, physical examination as well as differential- and further diagnosis accounted for 20 % each. In 66 % omissions and in 34 % faulty implementation had caused damage, 77 % of a transient nature, 16 % permanent and 7 % fatal. In the context of endoscopies 58 % faulty implementations and 42 % omissions had led to 60 % with transient damage and to permanent and fatal damage in 20 % each. Only one quarter of the errors concerned the endoscopic

  14. The Impact of Arbitration Intervention Services on Arbitration Program Completion

    Science.gov (United States)

    Dembo, Richard; Wareham, Jennifer; Poythress, Norman G.; Cook, Brittany; Schmeidler, James

    2006-01-01

    We report the impact of case management services and youth psychopathy on Juvenile Diversion program completion for youths involved in a clinical trial, and evaluation of an innovative intervention service providing 16 weeks of intensive case management services to youths and their families. The present study examines baseline interview data for…

  15. Challenges and opportunities for the national constitutional system in dealing with the global investment regime: a case study of the indirect expropriation doctrine and investor-state arbitration under the free trade agreement between the Republic of Korea and the United States of America

    OpenAIRE

    Kim, Younsik

    2012-01-01

    In 2011, Korea ratified the Korea-US Free Trade Agreement (KORUS-FTA). This treaty remains controversial in Korean society, particularly because many Koreans claim that the indirect expropriation doctrine under investor-state arbitration in the investment chapter will allow global investors to challenge governmental regulation justified by the Korean constitution. Despite such criticism, the KORUS-FTA indirect expropriation doctrine and the Korean constitutional property doctri...

  16. 基于3片 C8051 F020仲裁热备份舵机控制系统硬件设计%Hardware design for servos control system based on three C8051F020 arbitration hot backup

    Institute of Scientific and Technical Information of China (English)

    茹毅; 毛征; 刘松松; 罗子安; 孟灿

    2016-01-01

    We design a servos control system based on three C8051F020 arbitration hot backup .C8051F020 is completely integrated of hybrid signals system on chip ,provided with a high speed pipeline structure .The instruction execution speed is greatly improved compared with standard MCS‐51 ,and the introduction of digital cross switch technology makes the allocation of system resources reasonably .It can control the actuator accurately by collecting and calculating a large number of sensor data out to the actuator control board .For the arbitration hot backup technology ,we design fault de‐tection module ,communication module ,dual engine arbitration switching module and servo drive module .Two CPUs communicate through double port RAM .In addition ,communicating with the arbitration microcontroller serial greatly shorten the switch time ,reduce the system failure rate and improve the system's reliability and stability .%本文基于3片C8051F020仲裁热备份技术设计了舵机控制系统。该单片机是完全集成的混合信号系统级芯片,它采用了高速流水线结构。与标准的51单片机相比指令执行速度具有很大提高,而且引进了数字交叉开关技术,使系统资源分配合理化。它通过采集大量传感器数据并实时计算输出给舵机控制板,从而精确控制舵机。对于仲裁热备份技术,本文设计了故障检测模块,双机通信模块,双机仲裁切换模块和舵机驱动模块。其中两台CPU通过双端口RAM 进行通信,它们与仲裁单片机串口通信,通过仲裁切换极大缩短了切换时间,降低了系统故障率,提高了系统可靠性和稳定性。

  17. 论国际投资仲裁中拒绝司法救济之新途径%New Remedy Approaches to Denial of Justice in International Investment Arbitration

    Institute of Scientific and Technical Information of China (English)

    金隽艺

    2014-01-01

    “拒绝司法”虽然是一个古老的国际法术语,但在国际投资法领域,其外延、适用前提以及救济途径都有了新的变化和发展。本文首先简述拒绝司法在有关国际投资条约中的表现;继而对国际投资仲裁实践中拒绝司法的传统救济途径进行论述;在此基础上,指明随着国际投资仲裁实践的发展,拒绝司法救济业已出现或可能会出现的新途径,并结合实际案例分析这些新途径的特征,以及其与传统意义上拒绝司法的区别与联系;最后针对这些新的救济途径提出相应的对策分析。%Although“Denial of Justice” is deemed as one of the oldest in-ternational law terms, it has made an apparent development in its denotation, its premise of application and its remedy approaches in the field of international in-vestment law.This article demonstrates Denial of Justice in the relevant interna-tional investment treaties, and then elaborates the normal remedy approach to Denial of Justice in the international investment practice.It also points out that Denial of Justice has been ( or wil be) remedied through some new approaches with the development of international investment arbitration.Combining with the case-by-case analysis, it investigates the distinctions of these new approaches, as wel as the link with Denial of Justice.Thus, as a conclusion, it puts forward the corresponding countermeasure analysis on these new remedy approaches.

  18. 外国船员工资索赔:诉讼和仲裁之间的选择——评美国联邦第九巡回法庭the“Rogersv.RoyalCaribbeanCruiseLine”案。%To court or arbitration: the ninth circuit favors arbitration in foreign seafarers' wage claims--an analysis of the "Rogers v. Royal Caribbean Cruise Line"

    Institute of Scientific and Technical Information of China (English)

    邓晗

    2012-01-01

    In the case note, the author briefed the United States Ninth Circuit's decision in the "Rogers v. Royal Caribbean Cruise Line", reviewed the historical background of the U.S. congressional policies of affording special statutory status to seafarers and their wage claims in federal courts and favoring arbitration under the New York Convention and the precedents upon which the Court relied in reaching the holdings of this case. The author followed the same order in which the Court examined the issues and analyzed the Court's reasoning in whether the arbitration agreements contained in the employment contracts were excluded by the exemption clause of the Federal Arbitration Act (FAA), whether the Convention Act trumped FAA in its application to this case and whether the arbitration agreements were conscionable or the arbitration provisions conformed to public policy. The author then discussed that the Court was correct in its holdings and pointed out the possible opposite holdings and the underlying rationale. The case note represented the Court's ruling in favor of arbitration after weighing the conflicting congressional policies. At last, the author elaborated the case note's implications to China's future legislations on seafarers' rights.%简要介绍美国联邦上诉法院第九巡回法庭the“Rogersv.RoyalCaribbeanCruiseLine”案的案情,回顾美国国会对船员在法院诉讼追偿工资的法定保护和支持执行《纽约公约》下仲裁的两个政策的历史背景以及法庭判案所遵循的先例,按照对案件争议点的审理思路,逐一分析法庭对船员雇佣合同中仲裁协议是否被美国《联邦仲裁法》排除条款排除、《公约法案》和《联邦仲裁法》发生冲突时的优先适用、仲裁协议是否合理以及仲裁条款是否符合公共利益的推理过程,论证法院判决的合理性,提出与判决相反的可能性解释,从而得出结论:出于权衡国会

  19. Grievance Arbitration in Education. Fastback 223.

    Science.gov (United States)

    Lovell, Ned B.

    This pamphlet provides information necessary to analyze existing grievance procedures and sets forth principles to guide the formulation of a more effective grievance process. The introduction defines the grievance procedure in a contractual contest, describes its benefits to management, union members, and private citizens; and briefly reviews key…

  20. Arbitration between controlled and impulsive choices.

    Science.gov (United States)

    Economides, M; Guitart-Masip, M; Kurth-Nelson, Z; Dolan, R J

    2015-04-01

    The impulse to act for immediate reward often conflicts with more deliberate evaluations that support long-term benefit. The neural architecture that negotiates this conflict remains unclear. One account proposes a single neural circuit that evaluates both immediate and delayed outcomes, while another outlines separate impulsive and patient systems that compete for behavioral control. Here we designed a task in which a complex payout structure divorces the immediate value of acting from the overall long-term value, within the same outcome modality. Using model-based fMRI in humans, we demonstrate separate neural representations of immediate and long-term values, with the former tracked in the anterior caudate (AC) and the latter in the ventromedial prefrontal cortex (vmPFC). Crucially, when subjects' choices were compatible with long-run consequences, value signals in AC were down-weighted and those in vmPFC were enhanced, while the opposite occurred when choice was impulsive. Thus, our data implicate a trade-off in value representation between AC and vmPFC as underlying controlled versus impulsive choice.

  1. Heart Attack Prediction System Based Neural Arbitration

    OpenAIRE

    Helwan, Abdulkader

    2015-01-01

    Heart attack is an asymptomatic and epidemic medical condition that may suddenly occur and causes “death”. Therefore, it is a life-threatening condition and it should be detected before it occurs. Heart attack is so far predicted using the conventional ways of doctor’s examination and by performing some medical tests such as stress test, ECG, and heart CTScan etc. The coronary vessels constriction, the cholesterol levels in the arteries, and other attributes can be good indicators for making ...

  2. 50 CFR 680.20 - Arbitration System.

    Science.gov (United States)

    2010-10-01

    ... third person from entering taking any employment from or establishing any relationship, except under a... (including new product forms); (D) Efficiency and productivity of the harvesting and processing sectors (recognizing the limitations on efficiency and productivity arising out of the management program...

  3. [The National Medical Arbitration Commission: 20 years].

    Science.gov (United States)

    de la Fuente, Juan Ramón

    Cuando la Secretaría de Salud todavía tenía el logotipo azul que decía SSA, corrían tiempos difíciles porque no había dinero y la idea de crear nuevas instituciones era recibida con reservas, no sólo por el Presidente Zedillo, siempre generoso y atento a las necesidades de salud de la población, sino también, como ya es costumbre, por el secretario de Hacienda, responsable de cuidar el erario público. Y es que la idea de hacer crecer el gasto corriente del gobierno se percibía, no sin razón, como un acto que podía infligir el riesgo de fomentar estructuras administrativas ineficaces y obesas. No ha sido el caso de la Comisión Nacional de Arbitraje Médico (CONAMED), pues sus aproximadamente 200 trabajadores siguen realizando una labor inmensa con una estructura ligera.

  4. Resolução de equações diferenciais por redes neurais artificiais: problemas com gradientes elevados e domínios arbitrários = Resolution of differential equations with artificial neural networks: high gradients and arbitrary domains problems

    Directory of Open Access Journals (Sweden)

    Luiz Henry Monken e Silva

    2005-01-01

    Full Text Available Neste artigo a habilidade das redes neurais perceptron multicamada eminterpolar foi utilizada para analisar duas classes de problemas de contorno. A primeira classe é formada por equações diferenciais em que a solução pode apresentar gradientes elevados e a segunda classe é formada de equações diferenciais definidas em domínios arbitrários. As metodologias propostas por Lagaris et al. (1998 foram estendidas para casos de equações diferenciais sujeitas às condições de Cauchy e condições de contorno mistas. Os resultados fornecidos pelo método da rede neural se apresentam precisos quando comparados com os resultados analíticos ou por métodos numéricos de resolução deequações diferenciais. A precisão alcançada nos resultados e a facilidade no manuseio do método para resolver estes problemas de contorno encorajaram a continuidade da pesquisa, particularmente no tocante à convergência e estabilidade numérica.In this paper, the ability of the multilayer perceptron neural network (MLP in interpolation was used to analyze two classes of boundary value problems. The first class is formed by differential equations, with solutions which can have high gradients and the second are partial differential equations, defined on arbitrary shaped domain. Also, the methodologies proposed by Lagaris et al. (1998 were enlarged for differential equations subjected to Cauchy and mix boundary conditions type. The results of the artificial neural network method are very precise when comparison to the analytical ones or those of classical numerical methods to solve differential equations. The precision achieved in the results and the ability to handle the method, to solve those boundary value problems, were encouraging to keep the research, particularly on an important direction, concerning convergence and numerical stability.

  5. Reflection of Blood Tie and Geographic Links:Southeast China Lineage Society and Disputes of Fighting with Weapons among Clans in Southwest Kangzang and Corresponding Arbitration%血缘与地缘性反思:中国东南宗族社会和西南康藏族群械斗纠纷及其裁决

    Institute of Scientific and Technical Information of China (English)

    尼玛扎西

    2014-01-01

    Due to the open quality of paradigm features,the lineage theory founded by British anthro-pologist Maurice Freedman has already become an important theoretical mode for the study of political systems and social history of modern China.The study concerning clan fighting with weapons is of great theoretical and practical significance.In his “Diary of Xikang”,Mr.Ren Naiqiang has also pres-ented us excellent description about such clan fighting.Through the anthropological reflection and comparative study of such fighting in frontier society and the arbitration,the author holds that this very fighting shows the interaction between the state and lineage society,between the state and local clans in the certain time of history.The “structural causes”and tension relation of such conflicts and fighting with weapons reflect the complex relationship between blood ties and geographic links,the multiple drives in the construction process of modern nationalities and nation.%英国人类学家弗里德曼创建的宗族理论由于其开放性的范式特征,已成为近代中国政治制度和社会史研究的重要理论模式。其中关于宗族械斗的研究成果,具有深刻的理论和现实意义。任乃强先生在“西康札记”中对于康藏地区的族群械斗情形,也有精彩描述。通过对边陲社会械斗及纠纷解决进行人类学理论反思与对比研究,认为中国边陲社会械斗反映了特定历史时期国家与宗族社会、国家与地方族群间彼此互相作用。冲突械斗“结构性原因”及其张力关系,反映了血缘与地缘性关系的复杂性,以及现代民族-国家构建过程中的多重推动力量。

  6. Perfil epidemiológico general de las quejas médicas atendidas en la Comisión Nacional de Arbitraje Médico. 1996-2007 Epidemiological general profile of complaints treated at the National Medical Arbitration Commission. 1996-2007

    Directory of Open Access Journals (Sweden)

    Germán E Fajardo-Dolci

    2009-04-01

    Full Text Available OBJETIVO: Analizar las quejas médicas atendidas en un periodo de 11 años con el fin de formular recomendaciones para prevenirlas y mejorar la planeación para su atención. MATERIAL Y MÉTODOS: Se estudiaron las quejas de la Comisión Nacional de Arbitraje Médico (Conamed recibidas entre 1996 y 2007 y se utilizaron medidas de estadística descriptiva para conocer su perfil general en relación con las variables de tiempo, lugar y persona. También se determinó la frecuencia de mala práctica médica evidente, así como la gravedad del daño que producen. RESULTADOS: La solicitud de atención de quejas se incrementó entre 1996 y 2007, y existió menor demanda de atención en julio y diciembre. Dos estados del país concentran 69.7% de las quejas y 74% proviene de instituciones públicas. El 58% son de mujeres y los grupos de 25 a 34, y de 65 y más años tienen el mayor porcentaje. En 27% de las quejas atendidas hay evidencia de mala práctica médica y ginecología y obstetricia presenta el mayor porcentaje de quejas, daño físico y gravedad del daño. Las quejas por tratamiento son casi cuatro veces más que las de diagnóstico. CONCLUSIONES: Es necesario mejorar la calidad del diagnóstico y el tratamiento e identificar medidas efectivas para el costo que reduzcan la mala práctica médica y la gravedad del daño físico en los pacientes.OBJECTIVE: To analyze medical complaints over a period of 11 years, for making recommendations for prevention and improving planning for responding. MATERIAL AND METHODS: We studied the medical complaints at the National Medical Arbitration Commission (Conamed, per its acronym in Spanish between 1996 and 2007 using descriptive statistics to identify their general profile in relation to the variables of time, place and person. We also studied the frequency of evident medical malpractice as well as the severity of the damage it produces. RESULTS: The request for responses to medical complaints increased

  7. Comment on "Quantum Signature Scheme with Weak Arbitrator"

    Science.gov (United States)

    Kang, Min-Sung; Hong, Chang-Ho; Heo, Jino; Lim, Jong-In; Yang, Hyung-Jin

    2014-06-01

    This comment explains that the quantum signature scheme proposed by Ming-Xing Luo et al. (in Int. J. Theor. Phys. 51:2134, 2012) cannot satisfy the signature requirements. The comment presents methods of possible attacks by forgers, while also demonstrating that it is difficult to proceed by the normal protocol because of some errors in the formula of the scheme.

  8. A Study of Arbitrations in Pennsylvania's Writing Assessment.

    Science.gov (United States)

    Masters, James R.

    In 1991 Pennsylvania began implementation of a direct writing assessment at the sixth-grade and ninth-grade levels. A total of 18,758 sixth graders and 16,575 ninth graders wrote a response to 1 of 9 prompts reflecting 3 modes of writing. A six-point holistic scale was used to score the papers, with two readers scoring each paper. A third reader,…

  9. Training Resource Manual on Arbitration in the Public Schools.

    Science.gov (United States)

    Tener, Barbara; And Others

    This publication is part of a three-volume series of manuals designed to serve both as instructional guides and as ready references to some of the more complex problems of public school collective bargaining. The series is intended for use primarily by school board members, educational administrators, and other individuals interested in collective…

  10. [Examination of Medical Malpractice Allegations by Arbitration Boards].

    Science.gov (United States)

    Horch, R E

    2016-04-01

    Commentary to the paper "What went wrong? Conciliatory proceedings of a German mediation center after breast reductions", Allert S., Flechtner C., Vogt P. M. et al. Handchir Mikrochir Plast Chir, DOI 10.1055/s-0042-103586.

  11. 77 FR 39572 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-07-03

    ... their positions. BOARD RELEASES AND LIVE VIDEO STREAMING AVAILABLE VIA THE INTERNET: Decisions and... . This hearing will be available on the Board's Web site by live video streaming. To access the hearing, click on the ``Live Video'' link under ``Information Center'' at the left side of the home...

  12. 29 CFR 1404.16 - Reports and biographical sketches.

    Science.gov (United States)

    2010-07-01

    ... SERVICES Procedures for Arbitration Services § 1404.16 Reports and biographical sketches. (a) Arbitrators... biographical sketches for each arbitrator on the Roster from information supplied by the arbitrator...

  13. 10 CFR 904.13 - Disputes.

    Science.gov (United States)

    2010-01-01

    ... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall... Arbitration Rules of the American Arbitration Association. The third arbitrator shall act as chairperson of... Marketing § 904.13 Disputes. (a) All actions by the Secretary of Energy, acting by and through...

  14. Heme oxygenase-1, a critical arbitrator of cell death pathways in lung injury and disease.

    Science.gov (United States)

    Morse, Danielle; Lin, Ling; Choi, Augustine M K; Ryter, Stefan W

    2009-07-01

    Increases in cell death by programmed (i.e., apoptosis, autophagy) or nonprogrammed mechanisms (i.e., necrosis) occur during tissue injury and may contribute to the etiology of several pulmonary or vascular disease states. The low-molecular-weight stress protein heme oxygenase-1 (HO-1) confers cytoprotection against cell death in various models of lung and vascular injury by inhibiting apoptosis, inflammation, and cell proliferation. HO-1 serves a vital metabolic function as the rate-limiting step in the heme degradation pathway and in the maintenance of iron homeostasis. The transcriptional induction of HO-1 occurs in response to multiple forms of chemical and physical cellular stress. The cytoprotective functions of HO-1 may be attributed to heme turnover, as well as to beneficial properties of its enzymatic reaction products: biliverdin-IXalpha, iron, and carbon monoxide (CO). Recent studies have demonstrated that HO-1 or CO inhibits stress-induced extrinsic and intrinsic apoptotic pathways in vitro. A variety of signaling molecules have been implicated in the cytoprotection conferred by HO-1/CO, including autophagic proteins, p38 mitogen-activated protein kinase, signal transducer and activator of transcription proteins, nuclear factor-kappaB, phosphatidylinositol 3-kinase/Akt, and others. Enhanced HO-1 expression or the pharmacological application of HO end-products affords protection in preclinical models of tissue injury, including experimental and transplant-associated ischemia/reperfusion injury, promising potential future therapeutic applications.

  15. FBG1 Is the Final Arbitrator of A1AT-Z Degradation.

    Science.gov (United States)

    Wen, John H; Wen, Hsiang; Gibson-Corley, Katherine N; Glenn, Kevin A

    2015-01-01

    Alpha-1 antitrypsin deficiency is the leading cause of childhood liver failure and one of the most common lethal genetic diseases. The disease-causing mutant A1AT-Z fails to fold correctly and accumulates in the endoplasmic reticulum (ER) of the liver, resulting in hepatic fibrosis and hepatocellular carcinoma in a subset of patients. Furthermore, A1AT-Z sequestration in hepatocytes leads to a reduction in A1AT secretion into the serum, causing panacinar emphysema in adults. The purpose of this work was to elucidate the details by which A1AT-Z is degraded in hepatic cell lines. We identified the ubiquitin ligase FBG1, which has been previously shown to degrade proteins by both the ubiquitin proteasome pathway and autophagy, as being key to A1AT-Z degradation. Using chemical and genetic approaches we show that FBG1 degrades A1AT-Z through both the ubiquitin proteasome system and autophagy. Overexpression of FBG1 decreases the half-life of A1AT-Z and knocking down FBG1 in a hepatic cell line, and in mice results in an increase in ATAT. Finally, we show that FBG1 degrades A1AT-Z through a Beclin1-dependent arm of autophagy. In our model, FBG1 acts as a safety ubiquitin ligase, whose function is to re-ubiquitinate ER proteins that have previously undergone de-ubiquitination to ensure they are degraded.

  16. The tumor microenvironment: a potential arbitrator of the tumor suppressive and promoting actions of TGFbeta.

    Science.gov (United States)

    Dumont, Nancy; Arteaga, Carlos L

    2002-12-01

    Transforming growth factor beta (TGFbeta) members are secreted in biologically inactive complexes that must be activated in order to enable binding to their cell surface receptors. Interestingly, many of the proteins that can activate TGFbeta have been implicated in either suppressing or promoting tumorigenesis. Included among these are matrix proteins (thrombospondin-1), receptors (integrins alphanubeta6 and alphanubeta8) and proteases (matrix metalloproteases and plasmin). These proteins cannot only activate TGFbeta, but can also modulate cell responsiveness to TGFbeta. In this section, we review data highlighting the complexity and bidirectionality of TGFbeta matrix interactions within the tumor microenvironment, and propose that these dynamic interactions are a critical spatial and temporal determinant of the effects of TGFbeta on tumorigenesis.

  17. Redox signaling: Potential arbitrator of autophagy and apoptosis in therapeutic response.

    Science.gov (United States)

    Zhang, Lu; Wang, Kui; Lei, Yunlong; Li, Qifu; Nice, Edouard Collins; Huang, Canhua

    2015-12-01

    Redox signaling plays important roles in the regulation of cell death and survival in response to cancer therapy. Autophagy and apoptosis are discrete cellular processes mediated by distinct groups of regulatory and executioner molecules, and both are thought to be cellular responses to various stress conditions including oxidative stress, therefore controlling cell fate. Basic levels of reactive oxygen species (ROS) may function as signals to promote cell proliferation and survival, whereas increase of ROS can induce autophagy and apoptosis by damaging cellular components. Growing evidence in recent years argues for ROS that below detrimental levels acting as intracellular signal transducers that regulate autophagy and apoptosis. ROS-regulated autophagy and apoptosis can cross-talk with each other. However, how redox signaling determines different cell fates by regulating autophagy and apoptosis remains unclear. In this review, we will focus on understanding the delicate molecular mechanism by which autophagy and apoptosis are finely orchestrated by redox signaling and discuss how this understanding can be used to develop strategies for the treatment of cancer.

  18. FBG1 Is the Final Arbitrator of A1AT-Z Degradation.

    Directory of Open Access Journals (Sweden)

    John H Wen

    Full Text Available Alpha-1 antitrypsin deficiency is the leading cause of childhood liver failure and one of the most common lethal genetic diseases. The disease-causing mutant A1AT-Z fails to fold correctly and accumulates in the endoplasmic reticulum (ER of the liver, resulting in hepatic fibrosis and hepatocellular carcinoma in a subset of patients. Furthermore, A1AT-Z sequestration in hepatocytes leads to a reduction in A1AT secretion into the serum, causing panacinar emphysema in adults. The purpose of this work was to elucidate the details by which A1AT-Z is degraded in hepatic cell lines. We identified the ubiquitin ligase FBG1, which has been previously shown to degrade proteins by both the ubiquitin proteasome pathway and autophagy, as being key to A1AT-Z degradation. Using chemical and genetic approaches we show that FBG1 degrades A1AT-Z through both the ubiquitin proteasome system and autophagy. Overexpression of FBG1 decreases the half-life of A1AT-Z and knocking down FBG1 in a hepatic cell line, and in mice results in an increase in ATAT. Finally, we show that FBG1 degrades A1AT-Z through a Beclin1-dependent arm of autophagy. In our model, FBG1 acts as a safety ubiquitin ligase, whose function is to re-ubiquitinate ER proteins that have previously undergone de-ubiquitination to ensure they are degraded.

  19. Quintessence versus phantom dark energy: the arbitrating power of current and future observations

    CERN Document Server

    Novosyadlyj, B; Durrer, R; Pelykh, V

    2013-01-01

    We analyze the possibility to distinguish between quintessence and phantom scalar field models of dark energy using observations of luminosity distance moduli of SNe Ia, CMB anisotropies and polarization, matter density perturbations and baryon acoustic oscillations. None of the present observations can decide between quintessence or phantom scalar field models at a statistically significant level: for each model a set of best-fit parameters exists, which matches all data with similar goodness of fit. We compare the relative differences of best-fit model predictions with observational uncertainties for each type of data and we show that the accuracy of SNe Ia luminosity distance data is far from the one necessary to distinguish these types of dark energy models, while the CMB data (WMAP, SPT and Planck) are close to being able to distinguish them. Also a significant improvement of the large-scale structure data (e.g. Euclid or BigBOSS) will enable us to decide between quintessence and phantom dark energy.

  20. Monolingual Ideologies and Multilingual Practices in Small Claims Court: The Case of Spanish-Speaking Arbitrators

    Science.gov (United States)

    Angermeyer, Philipp Sebastian

    2014-01-01

    This article explores the institutional policies and practices concerning multilingualism in small claims courts in New York City. Building on prior work that has investigated the language use of court interpreters and of the litigants for whom they translate, this study focuses on the analysis of institutional interactions in which all…

  1. A Line in the Sand: Prospect Theory and Nash Arbitration in Resolving Territorial Disputes

    Science.gov (United States)

    2012-12-01

    resolution. See, Ron E. Hassner, “The Path to Intractability: Time and the Entrenchment of Territorial Disputes,” International Security 31 no. 3...Kurils is directly or indirectly related to the fishing industry, although eco- tourism holds promise if developed.124... Ron E. “The Path to Intractability: Time and the Entrenchment of Territorial Disputes.” International Security 31 no. 3 (2006/2007): 107– 138

  2. 77 FR 1062 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-09

    ... discriminated against her by providing the Committee information about a customer complaint concerning Complainant's service dog wandering around her convenience store. The panel majority concluded...

  3. Development of an adaptive online fuzzy arbitrator for forecasting short-term natural gas usage

    Science.gov (United States)

    Lukas, Richard James, Jr.

    2001-07-01

    The focus of the work is on the development and utilization of a self-assembling Fuzzy logic controller for the purpose of improving short term natural gas load forecasts generated by artificial neural networks (ANN) and linear regression (LR) models. The approach is to form a matrix of dynamic post processors (DPP), composed of ARMAX models, which use load estimates generated by ANNs and LRs as inputs. The problem is to then determine the performance of each DPP under different operating conditions, and to generate a final load estimate using a Fuzzy logic controller. The contributions of this research are as follows. First, as part of a residuals analysis, prefiltering and nonlinear transforms are explored for the purpose of increasing the correlation of environmental input factors with gas load, while decreasing multicollinearity. This has the effect of reducing the covariance of model parameters and increasing forecast confidence. The result of this analysis will be used to develop ARMAX models to postfilter the ANN and LR forecast model estimates. The gas operating regions will be characterized by an adaptive clustering algorithm that will partition operating conditions into distinct patterns with unique consumption characteristics. Finally, an adaptive online Fuzzy controller identifies the characteristics of each DPP under different operating conditions, and generates a weighted average of the DPP estimators to produce the final gas load estimate.

  4. 76 FR 11434 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-03-02

    ... were incurred by the Complainant when she pursued the wrong course of action instead of filing her own... at the following site: http://www.ed.gov/news/fedregister . To use PDF you must have Adobe...

  5. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ... Attorney General of this development promptly in writing; (ii) Seek appropriate relief from the district... authority under the Department's regulations and the directives of the litigation divisions. See 28 CFR part... common law theory filed against an employee of the United States in his personal capacity for...

  6. Mock Arbitration--Conflict Resolution in Major League Baseball: Sports and the Law.

    Science.gov (United States)

    Degelman, Charles; Hayes, Bill

    This lesson plan uses students' interest in sports to teach good citizenship. With its focus on rules, responsibility, conflict resolution, and teamwork, the unit emphasizes the development of critical thinking, decision-making, and citizenship skills in young people. This lesson plan is part of a series of fully prepared, interactive classroom…

  7. Fast and Power Efficient Sensor Arbitration: Physical Layer Collision Recovery of Passive RFID Tags

    CERN Document Server

    Fyhn, Karsten; Popovski, Petar; Scaglione, Anna; Larsen, Torben

    2010-01-01

    This work concerns physical layer collision recovery for cheap sensors with allowed variations in frequency and delay of their communications. The work is presented as a generic framework and demonstrated using UHF RFID tag technology. Previous work in this area has not provided recovery for more than two tags, which is shown to be possible in this work. Also presented is a novel mathematical model of the tag signal, incorporating the allowed variations in frequency and delay. The main motivation is seen in the observation that random variations in frequency and delay make the collided signals of different tags separable. The collision recovery is done by estimating the sensor specific variation in frequency and delay and using these estimates in a successive interference cancellation algorithm and a maximum likelihood sequence decoder, to iteratively reconstruct a sensor signal and remove it from the received signal. Numerical simulations show that the estimates and proposed algorithm are effective in recove...

  8. 75 FR 79352 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-12-20

    ... (Complainant) alleged violations by the Oregon Commission for the Blind, the State licensing agency (SLA... ] the SLA improperly administered the Randolph-Sheppard Vending Facility Program in violation of the Act... SLA denied him an opportunity to manage vending machines at the Chemeketa Community College...

  9. 77 FR 13311 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-03-06

    ... Commission for the Blind, the State licensing agency (SLA), violated the Act and implementing regulations in 34 CFR part 395. Specifically, Complainant alleged that the SLA violated the Act and its implementing... Lewis Cass Building Cafeteria was not a suitable location because the SLA was aware of a history...

  10. 76 FR 21872 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-04-19

    ... and Workforce Development, Division of Vocational Rehabilitation, the State licensing agency (SLA), violated the Act and its implementing regulations in 34 CFR part 395. The Complainant alleged that the SLA... Complainant, a blind vendor, challenged the SLA's selection of a nonblind severely disabled vendor to...

  11. 75 FR 48956 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... Rehabilitation, the State licensing agency (SLA). Specifically, Complainants alleged that the SLA improperly... Vendors (CBV) concerning unassigned vending machine income and the payment of set-aside fees to the SLA. The SLA, in the overall operation and administration of Pennsylvania's Randolph-Sheppard...

  12. 77 FR 4288 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-27

    ... 395, do not specifically address a State licensing agency's (SLA's) permit application covering a... precludes an SLA and a Federal property managing department from agreeing to a vending facility even if...

  13. 77 FR 2279 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-17

    ... Jersey Commission for the Blind and Visually Impaired, the State licensing agency (SLA), under the Act and implementing regulations in 34 CFR part 395. Complainant alleged that the SLA violated the Act.... Specifically, Complainant alleged that the SLA unlawfully (1) entered into an ``intergovernmental...

  14. 76 FR 2890 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-01-18

    ... Department of Human Services, Division of Rehabilitation Services, the State licensing agency (SLA), under... SLA. The Complainant began operation of the vending facility at SDC when granted a Temporary Income... operator's agreement was a Memorandum of Understanding (MOU) dated April 2004 between the SLA and the...

  15. 76 FR 21871 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-04-19

    ... (Complainant) alleged violations by the Michigan Commission for the Blind, the State licensing agency (SLA), under the Act and its implementing regulations in 34 CFR part 395. The Complainant alleged that the SLA... Community Health (DCH) in Lansing, Michigan (Capitol View). On February 12, 2008, the SLA received...

  16. 76 FR 48831 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-08-09

    ... (Complainant) alleged that the Oregon Commission for the Blind, the State licensing agency (SLA), violated the... SLA improperly administered the transfer and promotion policies and procedures of the Oregon Randolph..., the SLA issued a vacancy announcement for the DPSST vending route. While the posting did not...

  17. 76 FR 43676 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-07-21

    ... (Complainant) alleged violations by the Michigan Commission for the Blind, the State licensing agency (SLA), under the Act and its implementing regulations in 34 CFR part 395. Complainant alleged that the SLA... Pontiac vending route. In August and December 2006, the SLA was prepared to revoke Complainant's...

  18. 75 FR 48954 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... Commission, Bureau of Services for the Visually Impaired, the State licensing agency (SLA), alleged... Randolph-Sheppard Act (Act) and ] the implementing regulations in 34 CFR part 395. Specifically, the SLA... the SLA's June 13, 2006, application for a permit to operate snack and beverage vending...

  19. 75 FR 48955 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... State licensing agency (SLA) alleged violations by the United States Postal Service (USPS) of the Act and the implementing regulations in 34 CFR part 395. Specifically, the SLA alleged that USPS violated the Act, the implementing regulations, and the vending permits held by the SLA concerning a...

  20. 76 FR 6604 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-02-07

    ... agency (SLA), under the Act and implementing regulations in 34 CFR part 395. Specifically, Complainant alleged that the SLA improperly administered the Ohio Randolph-Sheppard Vending Facility Program in... further alleged that the SLA's selection committee denied him an opportunity to manage Vending...

  1. 77 FR 20012 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-04-03

    .... Background Complainant alleged that the Kentucky Office for the Blind, the State licensing agency (SLA), violated the Act and its implementing regulations in 34 CFR part 395. Complainant alleged that the SLA.... Complainant was licensed as a Randolph-Sheppard vendor on March 8, 2004. In April 2004, the SLA was...

  2. A PRIORITY-BASED POLLING SCHEDULING ALGORITHM FOR ARBITRATION POLICY IN NETWORK ON CHIP

    Institute of Scientific and Technical Information of China (English)

    Bao Liyong; Zhao Dongfeng; Zhao Yifan

    2012-01-01

    A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC).Based on the ideas of conflict-free transmission,priority-based service,and dynamic self-adaptation to loading,this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh.The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change.The theoretical model of this algorithm is established with Markov chain and probability generating function.Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system.Simulated experiments are conducted to test the accuracy of the model.It turns out that the findings from theoretical analysis correspond well with those from simulated experiments.Further more,the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC.

  3. Lactose-Functionalized Dendrimers Arbitrate the Interaction of Galectin-3/MUC1 Mediated Cancer Cellular Aggregation

    Science.gov (United States)

    Michel, Anna K.; Nangia-Makker, Pratima; Raz, Avraham

    2015-01-01

    By using lactose-functionalized poly(amidoamine) dendrimers as a tunable multivalent platform, we studied cancer cell aggregation in three different cell lines (A549, DU-145, and HT-1080) with galectin-3. We found that small lactose-functionalized G(2)-dendrimer 1 inhibited galectin-3-induced aggregation of the cancer cells. In contrast, dendrimer 4 (a larger, generation 6 dendrimer with 100 carbohydrate end groups) caused cancer cells to aggregate through a galectin-3 pathway. This study indicates that inhibition of cellular aggregation occurred because 1 provided competitive binding sites for galectin-3 (compared to its putative cancer cell ligand, TF-antigen on MUC1). Dendrimer 4, in contrast, provided an excess of ligands for galectin-3 binding; this caused crosslinking and aggregation of cells to be increased. PMID:25138772

  4. Regulation of Dispute Resolution in Denmark: Mediation, Arbitration, Boards and Tribunals

    DEFF Research Database (Denmark)

    Adrian, Lin

    2013-01-01

    Bidraget indeholder en oversigt over alternativ konfliktløsning af konflikter - primært civilretlige konflikter, men strafferetlige konflikter berøres også. Oversigten vedrører såvel regulering som praksis. Bidraget munder ud i en diskussion af behovet for en international model lov, indholdet i ...

  5. 37 CFR 251.8 - Suspension of proceedings.

    Science.gov (United States)

    2010-07-01

    ... selected arbitrator under § 251.6 or to remove and replace a selected arbitrator under subpart D of this... Librarian will take the necessary steps to replace the arbitrator or arbitrators, and upon such replacement... emergency affecting an arbitrator, the Librarian considers a suspension of a proceeding necessary and...

  6. 75 FR 69481 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2010-11-12

    ..., parties in arbitration participate in selecting the arbitrators who serve on their cases. For customer claims of more than $100,000, the Customer Code currently provides for a three arbitrator panel \\3\\ comprised of a chair- qualified public arbitrator, \\4\\ a public arbitrator, \\5\\ and a non- public...

  7. 29 CFR 1404.13 - Conduct of hearings.

    Science.gov (United States)

    2010-07-01

    ... arbitrators shall be in conformity with the contractual obligations of the parties. The arbitrator shall comply with § 1404.4(b). The conduct of the arbitration proceeding is under the arbitrator's jurisdiction and control, and the arbitrator's decision shall be based upon the evidence and testimony presented...

  8. 77 FR 56694 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2012-09-13

    ... Subpoenas and to Arbitrator Authority To Direct the Appearance of Associated Person Witnesses and the... arbitration, FINRA arbitrators shall issue orders for the appearance of witnesses or the production of... object to subpoenas and arbitrator orders of production (``arbitrator orders''). It would...

  9. 77 FR 41970 - Export Trade Certificate of Review

    Science.gov (United States)

    2012-07-17

    ... Commercial Arbitration Rules; and (ii) judgment on any award rendered by the arbitrator may be entered in any... arbitrator may be entered in any court having jurisdiction thereof. 15. Confidential Information....

  10. Introduction to 2010 Arbitration Rules of the Singapore International Arbitration Center%简评《2010年新加坡国际仲裁中心仲裁规则》

    Institute of Scientific and Technical Information of China (English)

    杨安山; 余正

    2011-01-01

    通过介绍新加坡国际仲裁中心最新版本(第四版),并将之与新加坡国际仲裁中心较早版本(第三版)进行比较,简要评述新旧版本之异同,指出该最新版本在功能和制度上虽具有一定的新意,但也有可能在实务中引出更多的问题.总体而言,该最新版更加突出地体现了新加坡国际仲裁中心管理案件的功能和仲裁庭自主进行仲裁程序之间的平衡,有望促进新加坡国际仲裁中心地位的进一步巩固.

  11. 从富士施乐仲裁案看仲裁员的操守与责任%Ethics and Duties of Arbitrator: An Case Study of Fuji- Xerox Arbitration

    Institute of Scientific and Technical Information of China (English)

    萧凯

    2006-01-01

    仲裁的成败关键取决于仲裁员,从规则和制度层面上保证仲裁员的公正独立的裁判是仲裁程序正当性的重要基础之一.然而,确立仲裁员的操守规范又需要进一步明确仲裁员的社会功用,只有在功能主义的视角下才能厘清仲裁员不同于其他类型裁判者的作用.考虑到仲裁员的非职业性和在披露问题上的自身利益冲突,加上我国仲裁委员会以及仲裁员自律机制的缺失,有必要在修订《仲裁法》时明确仲裁员的公正性和独立性的义务,增加司法审查程序以约束仲裁员的披露义务之履行,并对仲裁员课以有限民事责任的承担,从而构建一个完善的仲裁员制度.

  12. [Cases from the expert commission of the North Rhine medical council: expert commissions and arbitration boards by medical councils].

    Science.gov (United States)

    Hannappel, J; Weber, B; Smentkowski, U

    2012-11-01

    Following a description of the structure and function of the expert commission for medical malpractice of the North Rhine medical council, important legal technical terms and the consequences, such as the definition of accusable medical malpractice and severe (in legal terms gross) negligence will be presented. The article reports on the legal consequences of the lack of informed consent, on the significance of insufficient informed consent and under which conditions a transfer of liability becomes valid. From the statistical information in the archives of the expert commission it can be seen that in processes against urologists approximately 31% of urologists in private practice were affected compared to 69% of hospital urologists. Approximately 20% involved accusations of false diagnosis and 80% involved accusations of false treatment. Of the processes involving urological diagnostic errors prostate cancer was at the forefront, followed by processes involving delayed or falsely diagnosed bladder cancer. For processes due to operative treatment errors prostate cancer also occupied first place, followed by accusations of treatment errors involving penile and urethral operations. A differentiated presentation of processes involving non-operative treatment errors revealed an accumulation of accusations for mistakes in the treatment of urolithiasis, in medicinal treatment and also in tumor therapy. Following a description of typical individual cases, indications for avoidance of legal proceedings will be given.

  13. Constitutionalization of arbitration and its impact in standard legislation reform, CPP (Criminal Procedure Code and in criminal justice system

    Directory of Open Access Journals (Sweden)

    Mario Pablo Rodríguez Hurtado

    2013-12-01

    Full Text Available This article examines the close relationship between criminal procedure and constitutional law within a democratic State framework as well as the guarantees provided from a constitutional point of view in accordance with the current context of human rights globalization. Then, the author approaches us to criminal procedure main principles and guarantees, procedural models historically formed. Finally, it presents an interesting Criminal Procedural Code analysis describing guarantees, principles and procedural models recognized in our country.

  14. Power of Arbitration Article to The Third Person%仲裁条款对第三人的效力

    Institute of Scientific and Technical Information of China (English)

    唐蕴锋

    2002-01-01

    近二、三十年来,各国立法开始从对仲裁加以限制与严格监督向鼓励与支持仲裁转变.其中一个方面就是仲裁条款的效力向第三人延伸.仲裁条款对第三人的效力,是指第三人享受仲裁条款中规定的权利以及承担条款赋予的义务.本文对仲裁条款对第三人效力在涉及实质本人、代理或受托转让、合并分立、继承以及关联方与关联协议时的情形作了简要的分析.

  15. FROM VICTIMS TO DEFENDANT, UPSIDE DOWN TRIAL: SURUÍ AIKEWÁRA VS. DIVINO ETERNO - ANTHROPOLOGICAL ARBITRAL REPORT

    Directory of Open Access Journals (Sweden)

    Jane felipe Beltrão

    2008-12-01

    Full Text Available Discussion of conflicts arising from infra-structure projects in state and federal roads which cross Indian Territory Sororó (AIS, land of the Suruí Aikewára, in southeast Pará, Brazil. After 30 years of inconvenience caused by the OP-2 later PA-253 and currently BR-153 opened by the Brazilian Army at the time of conflict with those fighting in the Araguaia Guerrilla, the Suruí Aikewára, with the aid of Federal Attorney Office, anthropological expert opinion and environmental impact study (EIA, to settle the matter with the Pará State Government to mitigate losses due to the road construction. Some of the items of the agreement, though, have not been complied with despite of the Federal Attorney Office mediation – a fact of great dislike to the Indian population who have been left with no other option, but to protest by closing the road once and again, in attempts to call attention of the State authorities. During the latest of the protests in March 2003 – provoked by the finding of a corpse in Indian Territory –truck driver, Divino Eterno, ran into young Surui who obstructed the road and protected the entrance to their village. In defense of those threatened, the Indians in the scene, detained the driver and his female companion at the time. Much to the dislike of the Indians and against their will – especially that of the Indian mothers who had their children threatened by the driver action -, the detainees were released by Funai (Indian National Foundation representatives. Once free, Divino Eterno registered a complaint at São Geraldo Police Station against three Suruí Aikewará. The action of Funai representatives has generated an upside down trial by reversing the position of the Indians from victims to the status of defendants.

  16. What did the Arbitration about Paying back Loans Imply?%仲裁收贷告诉我们什么?

    Institute of Scientific and Technical Information of China (English)

    刘敦平

    2004-01-01

    现在一切经济活动都讲究成本,打官司也是一样。为什么企业和单位有些经济案子不愿意通过法律的程序来解决,根本原因就是成本付出太高。仲裁收贷经过实践的检验是一条可行、可信、可用的好路子

  17. Combination therapy for rheumatoid arthritis with rituximab and leflunomide(preliminary results of the Russian ARBITR Registry

    Directory of Open Access Journals (Sweden)

    Evgeniy L'vovich Nasonov

    2011-01-01

    Full Text Available The paper analyzes the efficiency and tolerability of a combination of rituximab (RTM and leflunomide (LEF for the treatment of rheumatoid arthritis (RA versus the conventional combination of RTM and methotrexate (MT. The results of 24-week therapy were assessed in the RA patients included into the Russian Biological Therapy Register. A good effect of therapy was achieved in 31.8% of the patients who had received RTM+LEF (p = 0.1. The development of clinical remissions in RA was observed at a practically equal frequency of 13.6 and 11.7%, respectively. The doses of glucocorticoids and nonsteroidal anti-inflammatory drugs used in concurrent anti-inflammatory therapy could be substantially reduced in both groups. In both groups, the rate of side effects was very equal: 21.7% for the RTM+LEF group and 25.7% for the RTM+MT group. Thus, the combination therapy of RTM and LEF in real clinical practice is not considerably different from the most commonly used combination of RMT and MT in efficiency and tolerability and may be successfully used if there are any contraindications to the use of MT.

  18. Luces y sombras del arbitraje institucional en los litigios transnacionales (The Ligths and Shadows of Institutional Arbitration in Transnational Litigation)

    OpenAIRE

    2008-01-01

    El dogma de las axiomáticas virtudes del arbitraje administrado está cada ver más cuestionado. Las bondades y los inconvenientes del arbitraje ad hoc o del arbitraje institucional aparecen en función de circunstancias coyunturales. Muchas empresas han preferido proceder directamente al nombramiento de los árbitros y mantener la reserva estricta sobre la controversia pues la confidencialidad de la controversia queda mejor guardada en el arbitraje ad hoc, que en el arbitraje institucional. El a...

  19. Ley de arbitraje. Cláusula estatutaria arbitral y anteproyecto de código mercantil

    OpenAIRE

    Olivencia Ruiz, Manuel

    2015-01-01

    La Sección Segunda de la Comisión General de Codificación, encargada de elaborar una propuesta de nuevo Código Mercantil que integre la legislación especial vigente y delimite la materia mercantil, acordó no integrar la Ley de Arbitraje, por carecer de este carácter al ser aplicable a toda materia de libre disposición, aunque esté inspirada en la Ley Modelo de UNCITRAL sobre “arbitraje comercial internacional”. Sí acordó la Sección incluir en el Libro Segundo, “De las Sociedade...

  20. 40 CFR 304.21 - Referral of claims.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.21 Referral of... submitted pursuant to the procedures established by this part by an Arbitrator appointed pursuant to § 304... effective, any such modification must be signed by the Arbitrator and all other parties. The joint...

  1. 29 CFR 4221.8 - Award.

    Science.gov (United States)

    2010-07-01

    ... ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.8 Award. (a) Form. The arbitrator shall render a written... section, the arbitrator shall render the award no later than 30 days after the proceedings close. The... the arbitrator has rendered a revised award in accordance with § 4221.9(c). (c) Reopened...

  2. 40 CFR 304.30 - Filing of pleadings.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Hearings Before the Arbitrator § 304.30 Filing of pleadings. (a) Discovery shall be in accordance... appointment of the Arbitrator (see § 304.22 of this part), EPA shall submit to the Arbitrator two copies of a... response action has been submitted for resolution or may arise during the Arbitrator's determination of...

  3. 7 CFR 900.113 - Submission.

    Science.gov (United States)

    2010-01-01

    ...) Name of arbitrator; (vi) Time and place of arbitration, including street address; (vii) Stipulation by the parties that they will produce any books, records, and correspondence required by the arbitrator... may be withdrawn at any time before the award, and any question held by the arbitrator to be...

  4. 7 CFR 900.116 - Award.

    Science.gov (United States)

    2010-01-01

    ... writing and shall cover only points of dispute raised in the submission. (2) The arbitrator, in making the... approval. (4) The arbitrator shall sign the award in the presence of a notary public, or, when more than one arbitrator is designated the arbitrator shall sign in the presence of each other. (5) Copies...

  5. 45 CFR 1160.12 - Appraisal procedures.

    Science.gov (United States)

    2010-10-01

    ... the Council and the indemnitee shall then select a competent and disinterested arbitrator. (b) After selection of an arbitrator, the appraisers shall assess the partial loss, or damage to, or where appropriate... arbitrator for determination. The appraisers' agreement or the arbitrator's determination shall be final...

  6. 37 CFR 251.35 - Outside employment and other activities.

    Science.gov (United States)

    2010-07-01

    ... arbitrator shall— (1) Engage in any outside business or other activity that would cause a reasonable person to question the arbitrator's ability to render an impartial decision; (2) Accept any speaking... the arbitrator's knowledge and acquiescence to the arbitrator's parent, sibling, spouse, child,...

  7. 40 CFR 304.25 - Ex parte communication.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.25 Ex parte communication. (a) No interested person shall make or knowingly cause to be made to the Arbitrator an ex parte communication. (b) The Arbitrator shall not make or knowingly cause to be made to any interested person an...

  8. 40 CFR 304.31 - Pre-hearing conference.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Hearings Before the Arbitrator § 304.31 Pre-hearing conference. (a) The Arbitrator and the parties... 110 days after the appointment of the Arbitrator (see § 304.22 of this part) or within 10 days prior to the pre-hearing conference, whichever is earlier. (b) The Arbitrator shall select the...

  9. 40 CFR 304.24 - Intervention and withdrawal.

    Science.gov (United States)

    2010-07-01

    ... CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.24... his or her responsibility for payment of the referred claim resolved. (2) If the Arbitrator has been appointed, a motion to intervene shall be filed with the Arbitrator and a copy shall be served upon...

  10. 37 CFR 251.37 - Use of nonpublic information.

    Science.gov (United States)

    2010-07-01

    ... arbitrator shall disclose in any manner any information contained in filings, pleadings, or evidence that the arbitration panel has ruled to be confidential in nature. (b) Unless required by law, no arbitrator shall...) The CARP report before its submission to the Librarian of Congress. (c) No arbitrator shall engage...

  11. 5 CFR 2471.3 - Content of request.

    Science.gov (United States)

    2010-01-01

    ...) Brief description of the impasse including the issues to be submitted to the arbitrator; (3) Number... to the arbitrator contain questions concerning the duty to bargain and a statement of each party's... the type of arbitration, the method of selecting the arbitrator, and the arrangement for paying...

  12. 40 CFR 304.23 - Disclosure and challenge procedures.

    Science.gov (United States)

    2010-07-01

    ... RECOVERY CLAIMS Jurisdiction of Arbitrator, Referral of Claims, and Appointment of Arbitrator § 304.23 Disclosure and challenge procedures. (a) A person appointed as an Arbitrator under § 304.22 of this part... information from an appointed Arbitrator or other source, the Association shall, within two days of...

  13. Newsletter, National Center for the Study of Collective Bargaining in Higher Education and the Professions, Vol. 8, No. 4, November 1980.

    Science.gov (United States)

    Levenstein, Aaron, Ed.

    1980-01-01

    Developments in the area of academic collective bargaining are examined. Issues pertaining to interest and final offer arbitration are discussed, with attention to authority of judicial arbitrators and interest arbitrators, standards for the interest arbitrator, and public sector problems. Information on strikes in the fall of 1980 indicate no…

  14. Mechanisms of network collapse in GeO2 glass: high-pressure neutron diffraction with isotope substitution as arbitrator of competing models

    Science.gov (United States)

    Wezka, Kamil; Salmon, Philip S.; Zeidler, Anita; Whittaker, Dean A. J.; Drewitt, James W. E.; Klotz, Stefan; Fischer, Henry E.; Marrocchelli, Dario

    2012-12-01

    The structure of the network forming glass GeO2 is investigated by making the first application of the method of in situ neutron diffraction with isotope substitution at pressures increasing from ambient to 8 GPa. Of the various models, the experimental results are in quantitative agreement only with molecular dynamics simulations made using interaction potentials that include dipole-polarization effects. When the reduced density ρ/ρ0 ≳ 1.16, where ρ0 is the value at ambient pressure, network collapse proceeds via an interplay between the predominance of distorted square pyramidal GeO5 units versus octahedral GeO6 units as they replace tetrahedral GeO4 units. This replacement necessitates the formation of threefold coordinated oxygen atoms and leads to an increase with density in the number of small rings, where a preference is shown for sixfold rings when ρ/ρ0 = 1 and fourfold rings when ρ/ρ0 = 1.64.

  15. Interlinking Mechanism of "Litigation, Mediation and Arbitration" for Labor Disputes%劳动争议"诉调裁"对接机制研究

    Institute of Scientific and Technical Information of China (English)

    胡敏; 孙怀君

    2011-01-01

    本文从调审分离的视角入手,提出合理整合现有的调解、仲裁和诉讼机制:依据案件是否经过调解作不同的分类处理,在诉讼前对非诉调解协议进行司法确认,诉讼立案时建立立案调解及速裁机制,诉讼中以诉讼和解机制代替诉讼调解,并设置专门的调解组织,使主持调解的组织和人员专门化.

  16. 22 CFR Appendix A to Part 194 - Inter-American Commercial Arbitration Commission Rules of Procedure (As Amended April 1, 2002)

    Science.gov (United States)

    2010-04-01

    ... costs of such measures. 3. A request for interim measures addressed by any party to a judicial authority... stipulate resolution of such disputes pursuant to the IACAC Rules of Procedure and that have not...

  17. Le libre arbitre dans la pensée de R. Abraham bar Yehudah (élève de Hasdaï Crescas

    Directory of Open Access Journals (Sweden)

    Sadik, Shalom

    2014-06-01

    Full Text Available The aim of this article is to analyze the opinion of R. Abraham bar Yehudah (Crete and the Crown of Aragon in the second half of the 14th century on the question of free will. The first part of the article describes how in the beginning of his book (Even Shetiyyah, ‘Foundation Stone’, R. Abraham presents a position close to the deterministic thought of his well known teacher Hasdai Crescas, thus proving that in the third quarter of the 14th century there already were deterministic views in the school of the later. The second part of the article demonstrates that in the continuation of this book R. Abraham presents a different opinion closer to the common non-deterministic position of the majority of Jewish medieval philosophers. The article concludes, explaining the contradiction, that in his book R. Abraham bar Yehuda brings in two different opinions from different sources without trying to build an accord between them.El libre arbitrio en el pensamiento de R. Abraham bar Yehudá (discípulo de Ḥasday Crescas. Análisis del pensamiento de R. Abraham bar Yehudá (Creta y Corona de Aragón, segunda mitad del siglo XIV respecto del libre arbitrio. La primera parte del artículo muestra cómo al inicio de su libro (Eben Šetiyyá, ‘Piedra fundamental’ R. Abraham presenta una posición cercana a la opinión determinista de su maestro Ḥasday Crescas, poniendo de relieve que ya en el tercer cuarto del siglo XIV se sostenían ideas deterministas en la escuela de Crescas. La segunda parte del artículo muestra cómo en la continuación de su obra, R. Abraham presenta una opinión diferente, más cercana a la posición no-determinista común a la mayoría de los filósofos judíos medievales. El artículo concluye, explicando la contradicción del autor derivada de incluir en su obra dos opiniones diferentes tomadas de fuentes diversas, sin intentar elaborar un acuerdo entre ellas.

  18. ANALYSIS OF THE ARBITRATION ALGORITHMS BASED ON SWITCHING FABRIC WITH VIRTUAL OUTPUT QUEUED%基于VOQ交换结构的仲裁算法分析

    Institute of Scientific and Technical Information of China (English)

    鄂大伟

    2002-01-01

    信头阻塞(HOL)限制了采用FIFO输入队列交换机的吞吐率,而使用虚输出队列(VOQ)技术可以完全消除HOL阻塞.给出了VOQ交换机模型,提出了对VOQ仲裁算法的分类方法和评价指标,分析了基于VOQ交换结构的MSM和MWM近似算法,并对其性能进行了分析比较.

  19. Legislation Forecast of China' s International Commercial Arbitration%我国国际商事仲裁的立法展望

    Institute of Scientific and Technical Information of China (English)

    李晶

    2007-01-01

    随着《中华人民共和国仲裁法》的颁布实施以及我国对于一系列国际条约的加入,国际商事仲裁制度在我国呈现出强盛的发展趋势.但纵观世界立法和实践中出现的问题,我国现行立法中关于仲裁管辖权、仲裁协议的生效以及仲裁中的程序等问题的规定,还有待进一步改进和发展.

  20. On the Major Trends of Contemporary International Commercial Arbitration%论当代国际商事仲裁的主要发展趋势

    Institute of Scientific and Technical Information of China (English)

    武圣涛

    2008-01-01

    国际商事仲裁作为解决跨国纠纷的有效手段之一,凭借它的高度意思自治性、法律适用和选择的灵活性、裁决执行的权威性和有效性以及经济性和效率性,而被广泛应用.本文从国际商事仲裁机构、地域分布,法律的适用和选择,立法动态,最新资料统计等诸多方面阐述了国际商事仲裁的主要发展趋势.

  1. 厄立特里亚/也门岛屿主权争端仲裁案评述%Eritrea / Yemen Islands Sovereignty Dispute Arbitration Review

    Institute of Scientific and Technical Information of China (English)

    黄影

    2014-01-01

    厄立特里亚和也门仲裁案是国际常设仲裁法庭继帕尔玛斯岛(Palmas Island)仲裁案之后做出的关于领土主权的又一重要案例,也是仲裁庭审理的涉及亚非国家领土争端的首个案例,同时仲裁结果得到了当事国的接受和遵守,为通过国际司法途径解决国家之间的争端树立了良好的形象和信心.仲裁庭在该案中对关键日期、历史性权利以及历史性固化理论都有所突破和创新,也为解决我国与周边国家的领土争端提供了一定的借鉴和指导.

  2. El reconocimiento y la ejecución de un laudo internacional anulado en el país de la sede arbitral.

    Directory of Open Access Journals (Sweden)

    Diana Correa Angel

    2008-12-01

    Full Text Available El arbitraje internacional es el mecanismo natural de resolución de conflictos jurídicos nacidos del comercio internacional y de los contratos internacionales. En efecto, los últimos años rinden testimonio de la proliferación de instituciones arbitrales y del uso de reglas de arbitraje internacional tanto por los Estados como por los particulares. Sin embargo, tradicionalmente, la relación entre el arbitraje internacional y el control estatal ejercido sobre éste último no ha sido la mejor. Como consecuencia de lo anterior, los laudos se han tropezado con el doble problema de su reconocimiento y su ejecución. Es precisamente este problema el que intentó solucionar la Convención de Nueva York de 1958, sin que las soluciones sean completamente satisfactorias pues a pesar de su efectividad, el problema de la ejecución de laudos arbitrales que han sido anulados en la sede del arbitraje suscita dificultades. Este artículo pretende mostrar el problema de los laudos flotantes y revisar, bajo una aproximación crítica, las principales soluciones que tanto la teoría como la práctica han aportado acerca de este delicado tema.

  3. Dispute Settlement System and Arbitration by ICSID about Bot Model%BOT方式下的争议解决机制与ICSID仲裁

    Institute of Scientific and Technical Information of China (English)

    刘瑛

    2002-01-01

    BOT项目投资是80年代开始兴起的一种新型投资形式.本文从分析联合国国际贸易法委员会草案入手,对我国BOT争议解决法律框架的构建提出了若干建议.在对ICSID管辖权分析的基础上,本文对我国利用ICSID解决BOT项目中缔约政府与特许权人的争议问题提出了立法建议.

  4. Institucionalización de un tribunal arbitral internacional para resolución de controversias comerciales internacionales, en la región del oeste argentino

    OpenAIRE

    2002-01-01

    Los países con economías desarrolladas y con predominio en el comercio internacional tanto de bienes como de servicios, utilizan el arbitraje comercial internacional, prácticamente en forma excluyente para dirimir las controversias surgidas en el ámbito de los negocios internacionales. Y ello, por dos situaciones que se señalan en este artículo, a saber: 1.- Menores costos que los demandados en procesos judiciales. 2.- Seguridad jurídica para las partes intervinientes en los negocios ...

  5. Establishment of medical dispute arbitration mechanism%关于设立医疗纠纷仲裁机制的几个问题

    Institute of Scientific and Technical Information of China (English)

    杨练武

    2003-01-01

    对医疗事故的处理做了明确规定,而对非医疗事故引起的医疗纠纷如何解决却没有规定,本文从医疗纠纷的概念分析着手,认为医疗纠纷应当受到民事法律调整.同时依靠传统的协商、调解、诉讼等方式解决医疗纠纷存在的明显缺陷,建议应当建立有效的医疗纠纷仲裁机制.

  6. The Guyana-Venezuela Border Dispute: An Analysis of the Reasons Behind Venezuela’s Continuing Demands for Abrogation of the 1899 Anglo-Venezuelan Arbitral Treaty

    Science.gov (United States)

    1992-01-01

    mainly of consumer products, such as television sets, radios, refrigerators, and washing machines - goods not readily available or else very costly in...London. December, 1990. "Hector Jurado Toro en Impacto : Indocumentados Trabajan en la Busqueda de Oro." El Universal (Caracas, Venezuela). November 5

  7. El reconocimiento y la ejecución de un laudo internacional anulado en el país de la sede arbitral.

    OpenAIRE

    Diana Correa Angel

    2008-01-01

    El arbitraje internacional es el mecanismo natural de resolución de conflictos jurídicos nacidos del comercio internacional y de los contratos internacionales. En efecto, los últimos años rinden testimonio de la proliferación de instituciones arbitrales y del uso de reglas de arbitraje internacional tanto por los Estados como por los particulares. Sin embargo, tradicionalmente, la relación entre el arbitraje internacional y el control estatal ejercido sobre éste último no ha sido la mejor. Co...

  8. 7 CFR 900.118 - Costs.

    Science.gov (United States)

    2010-01-01

    ... parties to the arbitrator and shall be forwarded by him to the Administrator, ultimately to be filed in the office of the hearing clerk. The arbitrator shall not receive compensation for parties to...

  9. 76 FR 28034 - Labor-Management Relations Information Collection Requests

    Science.gov (United States)

    2011-05-13

    ... CONCILIATION SERVICE Labor-Management Relations Information Collection Requests AGENCY: Federal Mediation and... information collection requests. The information collection requests are FMCS forms: Arbitrator's Report and... Request for Arbitration Services (Agency Form R-43). These information collection requests were...

  10. into an International One——An interview with Mr. Wang Shengchang,Secretary General of CIETAC

    Institute of Scientific and Technical Information of China (English)

    2004-01-01

    2004 is a summit year for the work of international arbitration. In confonnity with the requests of domestic and international readers, we have made an exclusive interview with Mr. Wang Shengchang, PH.D in Laws, Secretary General of China International Economic and Trade Arbitration Commission. Mr. Wang has made a review and summary of the Chinese arbitration work in 2003, meanwhile, he prospects for the development of the Chinese arbitration work in 2004.

  11. 49 CFR 1108.9 - Decisions.

    Science.gov (United States)

    2010-10-01

    ... SURFACE TRANSPORTATION BOARD § 1108.9 Decisions. (a) Decisions of the Arbitrator shall be in writing and shall contain findings of fact and conclusions. All such decisions shall be served by the Arbitrator by hand delivery or overnight mail on the parties. At the same time, the arbitrator shall notify the...

  12. 7 CFR 900.115 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... Hearing. (a) The arbitrator shall have full discretion to conduct the hearing in such manner as will, in... material evidence may be presented. The arbitrator shall not be bound by the legal rules of evidence. (d) The arbitrator, in the presence of the parties, may require the production of books and records...

  13. Arbitration’s perspectives in the light of European Union regulations. Part I

    Directory of Open Access Journals (Sweden)

    Cornelia LEFTER

    2014-12-01

    Full Text Available The present study tries to identify the relationship between arbitration (commercial arbitration and the primary and secondary rules of EU law. Through a systemic analyze of community doctrine and jurisprudence there will be identified the points where the arbitration procedure interferes with regulations of EU law and which are the perspectives to change these rules.

  14. 78 FR 51751 - Submission for OMB Review; Comment Request

    Science.gov (United States)

    2013-08-21

    ... for resolution and is silent as to how the neutral arbitrator is to be selected if the parties are unable to agree on an individual. The National Mediation Board provides panels of arbitrators to help the parties in their selection of an arbitrator. This form is necessary to assist the parties in this...

  15. 78 FR 35328 - Notice of Proposed Information Collection Requests

    Science.gov (United States)

    2013-06-12

    ... for resolution and is silent as to how the neutral arbitrator is to be selected if the parties are unable to agree on an individual. The National Mediation Board provides panels of arbitrators to help the parties in their selection of an arbitrator. This form is necessary to assist the parties in this...

  16. 37 CFR 251.31 - Financial interests.

    Science.gov (United States)

    2010-07-01

    ... Standards of Conduct § 251.31 Financial interests. (a) No selected arbitrator shall have a direct or... sell is not under the control of the selected arbitrator, or (2) Receiving any post-employment benefit... will serve to disqualify the selected arbitrator to the same extent as if they were the...

  17. 29 CFR 4221.7 - Reopening of proceedings.

    Science.gov (United States)

    2010-07-01

    ... the motion of the arbitrator or at the request of any party, for the purpose of taking further evidence or rehearing or rearguing any matter, if the arbitrator determines that— (1) The reopening is... party. (b) Comments on and notice of reopening. The arbitrator shall allow all affected parties...

  18. 29 CFR 4221.6 - Hearing.

    Science.gov (United States)

    2010-07-01

    ... the arbitrator shall, no later than 15 days after the written acceptance by the arbitrator is mailed...-day period, the arbitrator shall, within 10 additional days, choose a location and set a hearing date. The date set for the hearing may be no later than 50 days after the mailing date of the...

  19. 49 CFR 1108.4 - Relief.

    Science.gov (United States)

    2010-10-01

    ... herein, an Arbitrator may grant the following types of relief: (1) Monetary damages, to the extent... Arbitrator. (2) Specific performance of statutory obligations (including the prescription of reasonable rates), but for a period not to exceed 3 years from the effective date of the Arbitrator's award. (b) A...

  20. 29 CFR 4221.9 - Reconsideration of award.

    Science.gov (United States)

    2010-07-01

    ... for reconsideration and objections. A party may seek modification or reconsideration of the arbitrator's award by filing a written motion with the arbitrator and all opposing parties within 20 days after... 30-day statutory period again begins to run when the arbitrator denies the motion pursuant...

  1. Rising Capital Amount & Increasing Cases in 2008's Trade Disputes

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    @@ The China International Economic and Trade Arbitration Commis-sion (CIETAC), an institution under CCPIT, is the most impor-tant permanent arbitration institution in China. The CIETAC independently and impartially resolves economic and trade disputes by means of arbitration and con-cjliation (mediation).

  2. 75 FR 47877 - U.S. Department of State Advisory Committee on Private International Law: Public Meeting on the...

    Science.gov (United States)

    2010-08-09

    ... UNCITRAL Working Group on International Arbitration and Conciliation In June, the United Nations Commission on International Trade Law (UNCITRAL) approved revisions to the 1976 UNCITRAL Arbitration Rules. The 2010 UNCITRAL Arbitration Rules will take effect on August 15, 2010. In its next phase of work,...

  3. Impediments to U.S. Involvement in Deep Ocean Mining Can Be Overcome.

    Science.gov (United States)

    1982-02-03

    Oceanic and Atmospheric Administration Onal - Office of Ocean Minerals and Energy PEIS - programmatic environmental impact statement UNCITRAL - United...arbitration in accordance with the United Nations Conference on International Trade Law ( UNCITRAL ) arbitra- tion rules. In an effort to clarify terms and...in conjunction with UNCITRAL arbitration procedures, would appear to constitute an effective means of minimizing dis- putes. UNCITRAL arbitration

  4. 29 CFR 1404.4 - Roster and status of members.

    Science.gov (United States)

    2010-07-01

    ... Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES.... Persons listed on the Roster shall comply with FMCS rules and regulations pertaining to arbitration and.... Arbitrators shall conform to the ethical standards and procedures set forth in the Code of...

  5. 75 FR 58007 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2010-09-23

    ... of Arbitration Procedure for Customer Disputes (``Customer Code'') and by creating new Rule 12902(e... 12104(b) of the Customer Code and Rule 13104(b) of the Industry Code (together, Codes), state, in... come to the arbitrator's attention during and in connection with the arbitration only at the...

  6. The Enlightenment of Mauritius v.United Kingdom Arbitration to the Republic of the Philippines v.the People's Republic of China Arbitration%从毛里求斯诉英国仲裁案看中菲仲裁案

    Institute of Scientific and Technical Information of China (English)

    丁洁琼; 张丽娜

    2016-01-01

    毛里求斯诉英国仲裁案于2015年3月18日发布判决,该案和中菲仲裁案存在许多相似之处,因此通过分析该案有助于预测中菲仲裁案的裁决结果,并促使中国在裁决作出前积极寻求应对策略.毛里求斯诉英国仲裁案对中国的启示包括程序和实体两个方面,具体包括:仲裁法庭已组成不代表其一定具有司法管辖权,中国虽不应诉但要注重庭外互动,中国可考虑庭外行使初步反对的权利,中国应努力促使仲裁法庭明确争端实质.

  7. The influence of the revision of UN the uncitral arbitration rules to the development of arbitration rules%《联合国国际贸易法委员会仲裁规则》修订对仲裁规则发展影响

    Institute of Scientific and Technical Information of China (English)

    李婉嘉

    2011-01-01

    为适应仲裁实务发展的需要,联合国国际贸易法委员会在2010年6月通过了修订后的,该规则已经于2010年8月15日生效.此次修订内容主要集中在对仲裁协议书面形式要求的改变、对仲裁规则适用范围的拓宽、临时措施制度的具体化等以及增加了一些新的规定,包括对仲裁庭指定专家证人的异议程序及仲裁员责任豁免制度.这些修改必定会对包括中国常设仲裁机构规则在内的国际仲裁规则的发展产生深远影响.

  8. 论我国仲裁司法审查制度之完善——以港、澳、台仲裁制度为视角%Statement on the Consummation of Judical Review in Chinese Arbitration System——Taking the Arbitration System in Hong Kong、 Macao and Taiwan for Example

    Institute of Scientific and Technical Information of China (English)

    叶永禄; 邓金

    2006-01-01

    随着我国改革开放的实施,港、澳、台地区与我国大陆地区的经贸关系日趋紧密,两岸三地的经济贸易往来的发展迅猛,伴随而来的是解决各种纷繁复杂的民商事纠纷的需要.与此同时,为了缓解"诉讼爆炸"的困扰和繁重的司法负担,仲裁再一次责无旁贷的担当起排忧解纷的重任.毕竟,相对于法律的严谨规范,仲裁灵活快捷的优势使它在民商事纠纷解决方式中独具特色.仲裁文化历史悠远,从来就是以独立公正、推崇效益、意思自治为其基本理念.仲裁本身植根于社会经济和生活的土壤,受到浓郁的乡土气息的灌溉,是发生纠纷的社会民众在由自己所选定的公断人那里来感知正义的重要途径.本文通过对港、澳、台、陆两岸三地仲裁制度,特别是仲裁裁决的司法审查问题的比较,对仲裁的司法审查问题作了一个较为深入的思考.

  9. Merged Search Algorithms for Radio Frequency Identification Anticollision

    Directory of Open Access Journals (Sweden)

    Bih-Yaw Shih

    2012-01-01

    The arbitration algorithm for RFID system is used to arbitrate all the tags to avoid the collision problem with the existence of multiple tags in the interrogation field of a transponder. A splitting algorithm which is called Binary Search Tree (BST is well known for multitags arbitration. In the current study, a splitting-based schema called Merged Search Tree is proposed to capture identification codes correctly for anticollision. Performance of the proposed algorithm is compared with the original BST according to time and power consumed during the arbitration process. The results show that the proposed model can reduce searching time and power consumed to achieve a better performance arbitration.

  10. Effective methods of consumer protection in Brazil. An analysis in the context of property development contracts

    Directory of Open Access Journals (Sweden)

    Deborah Alcici Salomão

    2015-12-01

    Full Text Available This study examines consumer protection in arbitration, especially under the example of property development contract disputes in Brazil. This is a very current issue in light of the presidential veto of consumer arbitration on May 26, 2015. The article discusses the arbitrability of these disputes based on Brazilian legislation and relevant case law. It also analyzes of the advantages, disadvantages and trends of consumer arbitration in the context of real estate contracts. The paper concludes by providing suggestions specific to consumer protection in arbitration based on this analysis.

  11. 新加坡国际国内商事仲裁制度比较研究%Comparative Studies on the Legal Regimes of International and Domestic Commercial Arbitration in Singapore

    Institute of Scientific and Technical Information of China (English)

    石现明

    2011-01-01

    新加坡是亚洲乃至世界上重要的新兴国际商事仲裁中心.为减少法院干预以支持国际商事仲裁发展,新加坡采取了国际国内仲裁分别立法的模式,形成了各具特色的国际国内仲裁法律制度体系.文章采用比较研究的方法,考察分析新加坡国际国内商事仲裁法律制度中的仲裁协议制度和仲裁裁决追诉制度等.

  12. What constitutes a compensation free regulation of foreign-owned property in international law? Some thoughts on the protection of foreign investment against expropriations, the states' right to regulate, arbitrators and TTIP

    OpenAIRE

    Gildeggen, Rainer; Willburger, Andreas

    2016-01-01

    This article intends to help understand the debate about TTIP by focusing on the specific issue of how TTIP may regulate investment protection of foreign-owned property. It gives an overview of the international law of expropriations of and other interferences with foreign-owned property for public welfare objectives such as public health and safety, environmental protection, public morals, the promotion and protection of cultural diversity and human rights, and asks whether such interference...

  13. Compensation in a Lump Sum to Child Laborers Should Belong to the Accepting Area of Labor Dispute Arbitration%童工一次性赔偿应属劳动仲裁受理范围

    Institute of Scientific and Technical Information of China (English)

    周清; 吴敏捷; 王珏

    2010-01-01

    @@ 案情简介 许某于2009年6月21日进入某金属制品有限公司工作,双方未签订书面劳动合同.2009年7月14日,许某在工作时由于操作不慎,发生右手被机器碾压的伤害事故,后被送往当地医院进行医治,治疗期间的医疗费用均由许某本人家庭先行垫付.许某出院后,与单位交涉,要求报销住院期间的所有医疗费,并要求单位给予一次性伤残赔偿.单位仅同意为其报销医药费,不同意进行一次性伤残赔偿,双方发生赔偿争议.

  14. 法学方法论在涉外民商事裁判中的适用探析%The Analysis of Legal Methodology in Foreign-Related Civil Litigation and Commercial Arbitration

    Institute of Scientific and Technical Information of China (English)

    张建; 严黎

    2016-01-01

    Foreign-related civil and commercial judicial trial has always followed the specific method to determine the effect of the judicial syllogism. From the viewpoint of the legal methods, the determination of conflict rules and its application process belongs to double finding law process, in which the judge need to keep an eye on alternating between norms and facts, subject to the restriction of hermeneutische circle. The suitable application of lex causae should be on the premise of the cognition of subsumtion. When the traditional choice of law method was transformed to the modern development, it was increasingly highlighted in the balance between stability and integrity.%涉外民商事司法审判中向来遵循特定的确定法效果的司法三段论。从法学方法角度审视,冲突规范的确定与适用过程属于“双重找法”。识别的过程是裁判者目光在规范与事实间交错的体现,受制于解释学循环的制约。准据法的正确解释与适用,则应以对“涵摄”概念的认知为前提。传统法律选择方法向现代化发展的脉络中,愈发突出强调在法的安定性与公正性之间的平衡。

  15. Research of Willem C.Vis International Commercial Arbitration Moot on the Perspective of Legal Education%法学教育视野下的Willem C. Vis模拟国际商事仲裁辩论赛

    Institute of Scientific and Technical Information of China (English)

    何其生; 范晓亮

    2012-01-01

    随着全球经济一体化的深入发展,国际民商事纠纷也迅速增多,国际商事仲裁作为一种争议解决方式越来越受重视,这就需要既精通国际法律知识,又具备较强英语能力的专业人才.而作为全球知名的国际法专业赛事,Willem C.Vis模拟国际商事仲裁辩论赛目的在于通过模拟国际商事仲裁的程序,推广国际商事仲裁和《联合国国际货物销售合同公约》的适用.该赛事有利于学生们通过模拟实践来加深对国际商事仲裁、国际商法等知识的理解,以及对于庭辩技巧、英文法律文书写作等综合技能的掌握,有利于培养具有国际竞争力的法律人才,具有良好的法学教育功能.

  16. 《联合国国际贸易法委员会仲裁规则》修订的最新动向%Latest Trends in the Revision of UNCITRAL Arbitration Rules

    Institute of Scientific and Technical Information of China (English)

    钟澄

    2009-01-01

    在国际商事仲裁领域有着很大影响的正在修订之中,并有望于今年完成.此次修订主要涉及仲裁协议书面形式,仲裁规则如何更适用于国家与私人问的投资争议仲裁,多方仲裁,第三人加入仲裁程序,仲裁员的指定,仲裁员责任的豁免,仲裁费用的控制等问题.修订后的仲裁规则将更加符合国际商事仲裁实践需要,并为其他仲裁机构仲裁规则的修订起到更好的示范作用.

  17. 2010年《联合国国际贸易法委员会仲裁规则》评析%On the Revision of UNCITRAL Arbitration Rules

    Institute of Scientific and Technical Information of China (English)

    刘俊霞

    2010-01-01

    最新修订的于2010年8月15日生效.此次修订紧密结合和现代国际仲裁实践,涉及的事项比较广泛,如简化了仲裁协议的形式要件、明确了仲裁中的通知形式和多方当事人下的仲裁庭组庭方式、确立了仲裁的目标、扩大了仲裁第三人加入仲裁庭、完善了仲裁庭采取临时措施的权力范围、进行短员仲裁庭的权力,规定了仲裁机构及仲裁院的免责、加强了对开庭方式、仲裁费用的控制、设置了仲裁保密性的突破例外等等.

  18. La actuación de los jueces estatales como árbitros privados : un problema de orden público = State Judge’s acting as private arbitrators : a public policy problem

    OpenAIRE

    Sánchez García, Arnulfo

    2013-01-01

    La actuación de los jueces estatales en calidad de árbitros ha sido un tema de estudio obviado por la doctrina. Existen dos razones principales para ello; la primera consiste en que se trata de una conducta que hasta el momento ha sido considerada impro

  19. Certification Institutions Expected to Update and Transfer Information on Present Standards

    Institute of Scientific and Technical Information of China (English)

    Zeng Jiansan; He Yanfeng

    2008-01-01

    @@ Standards are the basis for production enterprises to organize production, ex-factory inspection, trade (delivery) and technical exchanges, product certification, quality arbitration and supervision.

  20. 78 FR 20893 - Legal Services Trade Mission to China, September 16-18, 2013

    Science.gov (United States)

    2013-04-08

    ..., inbound and outbound investment, shipping, intellectual property rights, arbitration,\\2\\ life sciences... obtain such visas are not included in the mission costs. The Department of Commerce will...

  1. 75 FR 7297 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving...

    Science.gov (United States)

    2010-02-18

    .... 61057 (Nov. 24, 2009), 74 FR 62855 (``Notice''). \\4\\ See letter from William A. Jacobson, Esq. and Kelly... unspecified damages claim heard by one arbitrator. The proposed rule change was published for comment in the... a late postponement fee of $100 per arbitrator.\\9\\ \\6\\ See Rules 12601(a)(1) and 13601(a)(1)....

  2. 亚洲域名争议解决中心(英文)

    Institute of Scientific and Technical Information of China (English)

    2003-01-01

    eing a joint undertaking between the China International Economic and Trade Arbitration Commission(CIETAC) and the Hong Kong International Arbitration Centre (HKIAC) and appointed by the InternetCorporation for Assigned Names and Numbers (ICANN) as a domain name dispute resolution serviceprovider on 3 December 2001, the ADNDRC provides dispute resolution services in regard to disputed

  3. 亚洲域名争议解决中心(英文)

    Institute of Scientific and Technical Information of China (English)

    2002-01-01

    eing a joint undertaking between the China International Economic and Trade Arbitration Commission(CIETAC) and the Hong Kong International Arbitration Centre (HKIAC) and appointed by the InternetCorporation for Assigned Names and Numbers (ICANN) as a domain name dispute resolution serviceprovider on 3 December 2001, the ADNDRC provides dispute resolution services in regard to disputed

  4. 75 FR 6769 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving...

    Science.gov (United States)

    2010-02-10

    ... location. The Director typically attempts to honor such requests as a convenience to public customers... Proposed Rule Change To Amend the Hearing Location Rules of the Codes of Arbitration Procedure for Customer... rule change to amend Rules 12213(a) and 13313(a) of the Code of Arbitration Procedure for...

  5. 76 FR 49423 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab...

    Science.gov (United States)

    2011-08-10

    ... accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf) formats only. Copies... each crab fishery to aid in price negotiations and arbitrations; (2) a formula arbitrator, who prepares a non-binding price formula that describes the historic division of first whole-sale values...

  6. 76 FR 44297 - Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands...

    Science.gov (United States)

    2011-07-25

    ... comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document file (pdf... each crab fishery to aid in price negotiations and arbitrations; (2) a formula arbitrator, who prepares a non-binding price formula that describes the historic division of first whole-sale values...

  7. Formal law and customary change

    NARCIS (Netherlands)

    Cecchi, Francesco; Melesse, Mequanint Biset

    2016-01-01

    Do customary courts strategically adapt arbitration outcomes if they face increased competition by the formal law? Through a lab-in-field experiment with villagers and real customary judges in rural Ethiopia, we show that post-arbitration payouts to agents disfavored by the customary system are d

  8. 76 FR 43331 - Labor-Management Relations Information Collection Requests

    Science.gov (United States)

    2011-07-20

    ... information collections will be used to collect information to determine applicant suitability for the arbitration roster, to monitor the work of arbitrators, and to collect information that facilitates the..., utility, and clarity of the information to be collected; and (4) Minimize the burden of the collections...

  9. Formal law and customary change : A lab-in-field experiment in Ethiopia

    NARCIS (Netherlands)

    Cecchi, Francesco; Melesse, Mequanint Biset

    2016-01-01

    Do customary courts strategically adapt arbitration outcomes if they face increased competition by the formal law? Through a lab-in-field experiment with villagers and real customary judges in rural Ethiopia, we show that post-arbitration payouts to agents disfavored by the customary system are down

  10. PENYELESAIAN SENGKETA PENGALIHAN SAHAM PERUSAHAAN PEMBANGKIT LISTRIK ENERGI PANAS BUMI MELALUI PUTUSAN ARBITRASE ASING (SIAC

    Directory of Open Access Journals (Sweden)

    I Gusti Agung Ayu Gita Pritayanti Dinar

    2015-04-01

    Full Text Available Arbitration is one of popular means to solve disputes arise between parties in international business nowadays. Arbitration characteristics such as: confidentiality; “party autonomy” (principle which gives both parties freedom to agree on arbitration institution or ad hoc arbitration, to appoint an arbitrator, arbitration procedure, place of arbitration, governing law and also international enforceability due to the New York Convention 1958 are regarded as part of the main advantages of arbitration. This research is a normative law using concept analysis approach legal, regulatory approaches undertaken by examining legislation relevant to the issues of law and experiences to approach a case of transfer of shares Bali Power Corporate. Sources of legal materials used in this study are such as related literature, journals, articles and thesis that are relevant to the subject matter. The results of this study indicate that partial award (SIAC has a binding force for the parties to the dispute. Legal implications arising from this decision that the party whose breach the contract has an obligation to replace the damage of PT. Bali Tenaga Corporate since the contract was signed.

  11. 75 FR 167 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving...

    Science.gov (United States)

    2010-01-04

    ... request in relation to FINRA rules Rule 9551 (Failure to Comply with Public Communication Standards), Rule... investors who have been harmed); --Harmonize the remedy for an individual's failure to pay an arbitration..., Secretary, Commission, from Scott R. Shewan, President, Public Investors Arbitration Bar...

  12. 78 FR 52601 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-08-23

    .... Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Arbitration... Advisory Committee on Private International Law (ACPIL) Public Meeting on Arbitration, to take place on... Legal Adviser, Private International Law, Officer of the Legal Adviser. BILLING CODE 4710-08-P...

  13. 37 CFR 251.11 - Open meetings.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Open meetings. 251.11 Section... Copyright Arbitration Royalty Panel Meetings § 251.11 Open meetings. (a) All meetings of a Copyright Arbitration Royalty Panel shall be open to the public, with the exception of meetings that are listed in §...

  14. 75 FR 41254 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a...

    Science.gov (United States)

    2010-07-15

    ... reported customer complaint, arbitration or litigation is less than ten years old; and (iii) the person has... are customer complaints that were reported on a uniform registration form that are more than two years old and that have not been settled or adjudicated and customer complaints, arbitrations,...

  15. 75 FR 71479 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2010-11-23

    ... Clinic (Sept. 9, 2010) (``Jacobson Letter''); Scott R. Shewan, President, Public Investors Arbitration... Arbitration Clinic, (Sept. 9, 2010) (``Catalano Letter''); G. Mark Brewer, Esquire (Sept. 9, 2010) (``Brewer... in FINRA Rule 2090 encompasses the main ethical standard of NYSE Rule 405(1). As proposed, the...

  16. 37 CFR 251.39 - Remedies.

    Science.gov (United States)

    2010-07-01

    ....39 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Standards of... who engaged in the ethical violation— (1) Referral of the matter to the bar or...

  17. 78 FR 5310 - Relocation of and Spectrum Sharing by Federal Government Stations-Technical Panel and Dispute...

    Science.gov (United States)

    2013-01-25

    ...), which, according to the Office of Government Ethics, is a category of Federal employees created by... through negotiation, mediation, or non-binding arbitration. NTIA also proposed that parties requesting... expects that any informal negotiation, mediation, or non-binding arbitration efforts between the...

  18. 78 FR 37267 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2013-06-20

    ... COMMISSION Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of... 1934 (``Act'') \\1\\ and Rule 19b-4 thereunder,\\2\\ notice is hereby given that on June 3, 2013, Financial... the mandatory inclusion of a non- public arbitrator in a three-arbitrator case raised a...

  19. 越南商事仲裁制度的最新发展%Vietnam business arbitrition system's newest development

    Institute of Scientific and Technical Information of China (English)

    李莉

    2011-01-01

    越南商事仲裁法在2010年进行了修改。与2003年的仲裁法相比,越南2010年仲裁法在仲裁管辖范围、仲裁员制度、仲裁协议、仲裁程序、司法支持和监督等方面都做出了较大改变。最后给有意前往越南经商的中国企业和自然人提供仲裁参考。%Commercial Arbitration Law of Vietnam was revised in 2010.Compared to the Arbitration Act in 2003,the act in 2010 made a big change,including jurisdiction of the arbitration,the arbitrator system,the arbitration agreement,arbitration proceedings,judicial support and insight etc.Finally,we provide reference for the arbitration proposal to the Chinese companies and individuals interested in doing business in Vietnam.

  20. مسؤولية المحكم

    Directory of Open Access Journals (Sweden)

    مسؤولية المحكم

    2014-06-01

    Full Text Available The responsibility of the arbitrator has become a topical issue. Dissatisfied litigants failing to challenge the sentence, turn against those who have made it.Given that arbitration is of a contractual essence, it does not consider the issue of responsibility relating to this activity exclusively in this light. But the judicial function of the arbitrator shall take precedence over the contractual origin of his mission. Thus, his function controls some immunity that allows him to complete his judicial task without being legally involved. The basis of this functional immunity lies in the legal nature of the mission. At the same time, the parties should be able to put at risk if the way the arbitrator accomplishes his mission shows serious misconduct, a breach of the obligations specifically defined by the parties in the arbitration agreement or a judicial malfeasance within his function. Because of mixed character of its status as both judge and party to a contract, the responsibility of the arbitrator is quite complex. Is the arbitrator just a service provider or is he a full judge who must be protected in the exercise of his function?

  1. A Time-predictable Memory Network-on-Chip

    DEFF Research Database (Denmark)

    Schoeberl, Martin; Chong, David VH; Puffitsch, Wolfgang

    2014-01-01

    To derive safe bounds on worst-case execution times (WCETs), all components of a computer system need to be time-predictable: the processor pipeline, the caches, the memory controller, and memory arbitration on a multicore processor. This paper presents a solution for time-predictable memory...... arbitration and access for chip-multiprocessors. The memory network-on-chip is organized as a tree with time-division multiplexing (TDM) of accesses to the shared memory. The TDM based arbitration completely decouples processor cores and allows WCET analysis of the memory accesses on individual cores without...

  2. A Novel Quantum Blind Signature Scheme with Four-Particle Cluster States

    Science.gov (United States)

    Fan, Ling

    2016-03-01

    In an arbitrated quantum signature scheme, the signer signs the message and the receiver verifies the signature's validity with the assistance of the arbitrator. We present an arbitrated quantum blind signature scheme by measuring four-particle cluster states and coding. By using the special relationship of four-particle cluster states, we cannot only support the security of quantum signature, but also guarantee the anonymity of the message owner. It has a wide application to E-payment system, E-government, E-business, and etc.

  3. A Novel Quantum Blind Signature Scheme with Four-particle GHZ States

    Science.gov (United States)

    Fan, Ling; Zhang, Ke-Jia; Qin, Su-Juan; Guo, Fen-Zhuo

    2016-02-01

    In an arbitrated quantum signature scheme, the signer signs the message and the receiver verifies the signature's validity with the assistance of the arbitrator. We present an arbitrated quantum blind signature scheme by using four-particle entangled Greenberger-Horne-Zeilinger (GHZ) states. By using the special relationship of four-particle GHZ states, we cannot only support the security of quantum signature, but also guarantee the anonymity of the message owner. It has a wide application to E-payment system, E-government, E-business, and etc.

  4. 76 FR 34750 - United States et al. v. Comcast Corp., et al.; Public Comments and Response on Proposed Final...

    Science.gov (United States)

    2011-06-14

    ... cable network groups (including News Corporation, Time Warner, Inc., Viacom, Inc., and The Walt Disney... America, Time Warner, and Disney). \\3\\ ``Baseball-style'' arbitration is a method of alternative...

  5. 37 CFR 251.33 - Ex parte communications.

    Science.gov (United States)

    2010-07-01

    ... appears on a current arbitrator list. (d) Library and Copyright Office personnel. No person outside the... does not apply to procedural inquiries such as scheduling, filing requirements, status requests,...

  6. Carrots and Peas in a Single Pod

    Science.gov (United States)

    Ruben, Richards

    1974-01-01

    Describes art education as a political force when arousing to consciousness a fundamental shift in the personal awareness of the individual as the conjunctive arbitrator of his own existence. (Author)

  7. STUDI KOMPARATIF PENYELESAIAN SENGKETA EKONOMI MELALUI PENGADILAN NIAGA DAN ARBITRASE

    Directory of Open Access Journals (Sweden)

    Rilda Murniati

    2016-02-01

    Full Text Available Formally, the economics of alternative dispute resolution can be done through the Commercial Court and Arbitration. Both are different in terms of the object of dispute, the procedures for dispute resolution and legal consequences. In terms of the object of dispute the equation is the Commercial Court and Arbitration courts can be resolving disputes in the field of property rights along a predetermined interlektual in UUHKI. While the difference is the scope of Arbitration has a broad field that encompasses all economic fields of trade, finance, industry, banking, and everything related to the rights of the parties. Commercial Court only has the authority in the field of IPR and bankruptcy as well as the postponement of debt payment obligations. Keywords: Economic Dispute Resolution, Commercial Court of Arbitration

  8. Beijing Arbitration Commission:Qualified and Efficient

    Institute of Scientific and Technical Information of China (English)

    2002-01-01

    FOUNDED on September 28, 1995, the Beijing Arbitration Commission takes pride in its efficient, competent staff. Director Jiang Ping is a nationally recognized civil and commercial law expert, and former president of the University of Political Science

  9. Modulation of epileptiform EEG discharges in juvenile myoclonic epilepsy: An investigation of reflex epileptic traits

    DEFF Research Database (Denmark)

    Beniczky, Sándor; Guaranha, Mirian Salvadori Bittar; Conradsen, Isa

    2012-01-01

    Purpose: Previous studies have suggested that cognitive tasks modulate (provoke or inhibit) the epileptiform electroencephalography (EEG) discharges (EDs) in patients with juvenile myoclonic epilepsy (JME). Their inhibitory effect was found to be especially frequent (64–90%). These studies arbitr...

  10. Reinstatement of the sexual harasser: the conflict between federal labor law and Title VII.

    Science.gov (United States)

    Piskorski, T J

    1993-01-01

    Greater numbers of employers are adopting and vigorously enforcing policies prohibiting sexual harassment in the workplace. Discipline, including possible termination of employment, often is prescribed for the violation of such policies. When employees are represented by a union and covered by a collective bargaining agreement, final decisions relating to discipline often are made by arbitrators pursuant to the agreement's grievance and arbitration procedure. For a variety of reasons, arbitrators may decide that a lesser form of discipline than that imposed by the employer is warranted for acts of sexual harassment. Such arbitration awards present a substantial conflict between two compelling public policies--the public policy favoring the private resolution of workplace disputes and the public policy against sexual harassment. This article will address the several federal courts of appeals' decisions that have attempted to resolve this conflict.

  11. American Health Care Association

    Science.gov (United States)

    ... Care Association Responds to Ruling on Injunction Delaying CMS Implementation of Arbitration Rule AHCA/NCAL Elects New ... Information Technology Integrity Medicaid Medicare Patient Privacy and Security Survey and Regulatory Therapy Services Workforce Events Calendar ...

  12. DISTINGUISHING ANTHROPOGENIC AND GEOGENIC IMPACTS OF SEDIMENT CONTAMINATION

    Science.gov (United States)

    Environmental forensics is an area of scientific research that addresses contamination within the environmental media of air, water, soil and biota, and is subject to law court, arbitration, public debate, or formal argumentation. Environmental forensics involves scientific studi...

  13. 49 CFR 375.213 - What information must I provide to a prospective individual shipper?

    Science.gov (United States)

    2010-10-01

    ... arbitration program. (5) A concise, easy-to-read, accurate summary of your customer complaint and inquiry... REGULATIONS Before Offering Services to My Customers General Responsibilities § 375.213 What information...

  14. 10 CFR 708.4 - What employee complaints are not covered?

    Science.gov (United States)

    2010-01-01

    ... for Contractor Employees (Ethics);” or (3) State or other applicable law, including final and binding grievance-arbitration, as described in § 708.15 of subpart B; or (d) The complaint is based on the...

  15. 波兰工程咨询仲裁和行业自律

    Institute of Scientific and Technical Information of China (English)

    秦毅; 邹长宏

    2015-01-01

    Arbitration Court at SIDiR (the Consulting Engineers and Experts Association in Warsaw) was established in 2005. This is an institution specialising particularly in set-tling construction disputes and disputes related to public procurement. Basic steps in arbi-tration must follow the SIDiR Rules. An arbitrator at the Arbitration Court at SIDiR must abide by the established code of ethics.%波兰工程咨询协会于2005年建立了仲裁庭,专门处理工程建设争端和有关公共采购争端.协会规定了仲裁程序的基本步骤.仲裁员必须遵循职业道德准则.

  16. Locomotor activity of professional football referees

    Directory of Open Access Journals (Sweden)

    Manilo Y.V.

    2014-11-01

    Full Text Available Purpose : To study the structure of the motor activity of foreign (European football referees qualifications and Ukrainian arbitrators (Premier League, the first, second league. The objectives of the study was to determine the amount and direction of the motor activity of soccer referees. Also perform a comparative analysis of the motor activity of football referees of different qualifications in Europe and Ukraine. Material : The study involved 38 referees - soccer referees first, second, of the Premier League with the different regions of Ukraine, as well as foreign arbitrators FIFA. Results : It was found that in the period of the motor activity of the arbitrator was walking - 13.0% of the total distance when moving, running at a moderate pace - 67.4%, accelerating - 16.7%, jumps - 2.9%. Average per match referee overcomes distance 8970.2 m: foreign arbitrators - 12,030.0 m., Arbitrators Premier League - 9292.5 m., 1 league - 7530.0 m., 2 leagues - 7028.3 m. Ukrainian Premier League referees are inferior to move moderate jogging foreign arbitrators FIFA respectively - 6,425.0 m (69.1% and 9615.3 m (79.9%. Conclusions : The results of the research showed that the magnitude of motor activity during football matches in professional arbitrators may be different. It depends on their physical fitness Championship (competition, the league, the level of the teams playing, the nature of the intensity of the match. The arbitrator must remain near the gaming moments to control them and prevent possible confrontation.

  17. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  18. INKONSISTENSI PUTUSAN MAHKAMAH AGUNG DALAM MEMBATALKAN PUTUSAN ARBITRASE

    Directory of Open Access Journals (Sweden)

    Yeni Widowaty

    2017-03-01

    Full Text Available This research has 3 aims, the first is to examines the consideration of the Supreme Court in deciding the cancellation of arbitration decision under Article 70 and beyond Article 70 of Arbitration Act, the second is to review and analyze theories used in the consideration of the Supreme Court to cancel the Arbitration Decision. The third is to formulate concept in deciding the cancellation of Arbitration based on the principle of justice. This type of research is normative judicial research. Approach used in this research is case study approach. In more detail of the data obtained, processed and analyzed and presented in descriptive qualitative. The result of the research is divided into several parts, the first shows that according to the consideration of Deision of Supreme Court No.729/K/Pdt.Sus/2008 see Article 70 of the Arbitrase Act is limitative, different with Supreme Court Decision No.03/Arb/BTU of 2005 interpeting Article is enunciatif. The second, the Great Judge who cancel the arbitrase decision according to Article 70 Arbitration Act which is limitative by using Analytical theory. the Great Judge cancel the arbitrase decision refers to reasons beyond Article 70 of Rbitrase Act using Progressive Law theory. The third, according to procedural fairness the reason for cancellation is based on decision Article No.70 Arbitrase Act is too limitative comparing to Article 34 of the UNICITRAL Model Law. This substantive justice should be limited to the signs, so that arbitrators use it arbitrarily.

  19. 造船合同中仲裁条款的解释和约定一英国高等法院一起案例评析%Construction and conclusion of arbitration clause under shipbuilding contracts——Case study on high courts of justice

    Institute of Scientific and Technical Information of China (English)

    初北平; 张敏敏

    2011-01-01

    [提要]造船合同中双方当事人往往选择仲裁作为解决纠纷的唯一方式,而非通过法院诉讼.并且造船合同中也往往会对合同双方当事人应遵循的提起仲裁的程序进行设定.在买方取消或者终止履行合同情况下,卖方可以提起仲裁来质疑买方的取消或终止履行合同的行为.因此,在约定的时限内有效提起仲裁对于造船合同双方都十分重要.

  20. 第12届全运会田径比赛仲裁技术录像点位设置与拍摄技巧研究%Setting Video Point and Shooting Skills of Arbitration Technical in the Track and Field Competition in 12th National Games

    Institute of Scientific and Technical Information of China (English)

    王新坤; 张金生

    2014-01-01

    田径比赛中时有犯规现象出现.当裁判员做出判罚时,有些参赛队会提出抗议,这时比赛录像就可以作为直接证据向提出抗议的参赛队进行解释,以保证比赛的公平、公正、公开.全运会的比赛在近几届中采用了比赛仲裁录像,收到了很好的效果,但是,由于仲裁录像是新生事物,对于录像的位置和拍摄技巧并没有经验可以借鉴.通过第12届全运会的比赛,分别对径赛和田赛的录像点位设置和拍摄技巧进行总结,希望摸索出一套可行的方案,为今后的大型比赛提供优质服务.