WorldWideScience

Sample records for arbitration

  1. Arbitration Reform

    Directory of Open Access Journals (Sweden)

    Svetlana Stepurina

    2017-01-01

    Full Text Available УДК 347.73:341.63Subject. This informational article highlights recent changes to the Russian legislation on arbitration.Purpose. To highlight the most important aspects of arbitration law reform, and examines the effects they will have on the development of arbitration in RussiaMethodology. The author uses a formal-legal method.Results, scope of application. The author distinguishes the difference between constantly acting arbitration courts and arbitration courts ad hoc. The special status of a number of arbitration institutions (the ICAC and MAC at the Russian Chamber of Commerce and Industry, is contrary to the constitutional principle of equality under the law. A major achievement of the new legislation on arbitration courts is expanding the range arbitrarily disputes.Conclusions. The new legislation more clearly prescribed the interaction of arbitration and state courts, including requiring the latter to promote the arbitrators, acting under the regulations of the permanent arbitration institutions in obtaining evidence.In addition, the reform of the arbitration law have left aside the problem of improving the quality of judicial control over arbitration decisions.The arbitration law will still be able to improve the arbitration, to enhance its credibility and attractiveness for the participants of civil turnover.

  2. Key criteria in appointment of arbitrators in international arbitration

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    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.

  3. To arbitrate or not to arbitrate: that is the question

    International Nuclear Information System (INIS)

    Kowch, J.R.M.

    1996-01-01

    Price arbitration under a gas sales contract was discussed. Arbitration as a dispute resolution mechanism can be a costly, time consuming and often frustrating experience. However, it is a fact of life that until more creative ways of ensuring a market sensitive price over the term of a gas sales contract are developed, there will exist a need for arbitration. In arbitration, the parties submit their dispute to an impartial person or group of persons, for resolution. It is an alternative to the civil court system for resolving disputes; it is private, convenient, has less procedural rules and allows parties to choose their own judge with some expertise. However, the absence of specific rules of procedure or a means of enforcing them, could allow one party to sabotage the process. It was noted that gas deal makers take a cautious look at arbitration as a price dispute resolution mechanism. Alternatives to arbitration, and points to consider if arbitration is chosen, were described

  4. Specifics of the Court of Arbitration in sport as an international arbitration body

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    Galantić Miloš B.

    2015-01-01

    Full Text Available The Court of arbitration in sport represents an arbitral body whose task is to resolve the most significant disputes in the international community, within the autonomy of sport. With its adaptation to the contemporary system of sovereign states, by applying the classical principles of arbitration, with some degree of correction due to the specificity of sport, as well as the application of appropriate norms of international public law, achieved a situation that arbitration decisions of the Court are final. Despite its importance in the international community, domestic legal theory does not pay adequate attention to the above phenomenon. The task of this paper is to draw attention of the wider legal population to the existence of the Court of Arbitration in Sport, as well as pointing out the specifics of the Court of Arbitration in Sport to those skilled in classic commercial arbitration. Smaller or greater variations from the classical principles of commercial arbitration are conditioned by the specificity of social relations in sport. The focus of the analysis is placed primarily on issues of the legal fiction of arbitral tribunal seat, mandatory clause of acceptance of jurisdiction, the existence of the closed list of arbitrators and the lack of choice of arbitrators in the case of Ad hoc divisions, prohibition of addressing to the ordinary courts to establish a temporary measures and exclusive jurisdiction of CAS in a given matter, the publication of arbitral awards and 24-hour deadline for the application of the prescribed procedures and decision-making in the case of Ad hoc divisions.

  5. 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.

  6. International Commercial Arbitration in Bolivia

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    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.

  7. Fair trial in international commercial arbitration

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    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.

  8. 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...

  9. International Commercial Arbitration in Venezuela

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    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.

  10. Trends in Arbitrability

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    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

  11. International Commercial Arbitration

    OpenAIRE

    Hlušička, Ondřej

    2011-01-01

    The purpose of my thesis is to analyse one of the most used type of extrajudicial procedures, the International commercial arbitration. The reason for my research is the progress and elevation of use of the arbitration and not only on international field. The thesis is composed of six chapters, each of them dealing with different aspects of Arbitration. Chapter One is introductory and defines basic terminology used in the thesis. The chapter is subdivided into two parts. Part One describes in...

  12. THE NATIONAL AND SHARIA ARBITRATIONS: A COMPARATIVE STUDY

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    Fadia Fitriyanti

    2013-08-01

    Full Text Available In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board at first certainly raises the pros and cons. Based on the description of the background of the above problems then the formulation of the problem is how the comparison between national arbitration and sharia arbitration where the discussion focused on Rules and Procedures of BANI (The Indonesia National Board of Arbitration and BASYARNAS. The substance of similarities between National arbitration and Sharia arbitration in the same way of resolving disputes other than through the courts or alqadla. With regard to the legal basis for the enactment of a national arbitration refers to Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, while sharia arbitration is not set explicitly in the Law No. 30 of 1999 even in this act there is no article that offends the existence of sharia arbitration.The existence of sharia arbitration is recognized in the elucidation of Article 59 paragraph 1 of Law Number 48 of 2009 concerning the judicial power, which reads referred to arbitration under the provisions of the law including the sharia arbitration.There are some differences between national arbitration and sharia arbitration, the differences are the source of law, the legal principle , the jurisdiction of authority, pre-hearing phase, hearing phase and enforcement of the arbitral award phase.

  13. Territorial disputes in international arbitration practice

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    Tubić Bojan

    2014-01-01

    Full Text Available This paper deals with the issue of territorial disputes settlement in international arbitrations. The arbitration represents an efficient way of determining state borders, together with diplomatic means of dispute resolution and procedure before the International Court of Justice. Parties in a dispute choose arbiters, rules of procedure and commit themselves to accept and implement arbitration award, which is based on international law. States can create an ad hoc tribunal or they can decide to resolve the dispute before the Permanent Court of Arbitration in The Hague. In arbitration practice there were cases of successful arbitrations, especially in situations when a dispute was primarily factual and when major economic and political interests were not involved.

  14. The Scope of the Arbitral Award Binding Effect (Interests of «Third Parties» in International Arbitration

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    Nataliya Bocharova

    2017-01-01

    Full Text Available Modern business international transactions are multiparty and complicated. Such contracts are usually composed of several contracts which can contain bilateral dispute resolution arrangements. According to the principle of parties autonomy dispute arising between two persons bound by an arbitration agreement in connection with a multiparty project will be resolved by arbitration exclusively between these two parties. Other parties cannot participate in the resolution of the dispute through arbitration, even if they have played an active role in the actual project. Notwithstanding any legitimate interest, they might have the outcome of the dispute; these parties will remain alien both to the arbitration proceedings and an arbitral award. Their interests are not taken into consideration and left unprotected. Arbitration proceedings, unlike litigation, usually do not bear any intervention or joinder of parties, which is explained by the contractual nature of arbitration.Thus, the binding power of an arbitral award extends only over parties of an arbitration agreement. Meanwhile, an arbitral award can affect interests of third parties. How can these parties defend their interests in arbitration proceedings and during recognition and enforcement proceedings in national courts? There are two ways of resolving such problem in state court litigation. The first one is the compulsory participation of any third party with any legitimate interest in litigation through intervention, joinder of parties, and consolidation of cases. A court ex officio has to gather all parties that can have any legitimate interest in resolving the dispute. If judgment affects any interest of a party that was not involved in the proceedings judgment should be reversed in appellate court. The second way is also the solution against parallel proceedings. This way is to harmonize the outcome of parallel proceedings by the principle of lis pendens and res judicata.The paper examines

  15. SHORT OVERVIEW OF INTERNATIONAL ARBITRATION RULING IN ROMANIA FROM THE PERSPECTIVE OF THE RULES OF NEWLY ESTABLISHED ARBITRATION FORUMS

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    Beatrice Onica-Jarka

    2016-11-01

    Full Text Available In Romania there are several traditional or new arbitral Courtsthat are willing to provide their services to legal entities in an international context and in a competent and efficient semblance. Two of these, the Arbitration Court of the Romanian-German Chamber of Industry and Commerce and Bucharest International Arbitration Court, adopted their Rules relatively recent and eluded from practitionersreviews. Therefore, the present article will analyze the Rules of the mentioned arbitral Courts by comparison with the ICC Rules, LCIA Rules and HKIAC Rules, starting from the most valuable characteristics of international arbitration, as determined in the 2015 International Arbitration Survey, with the purpose of concluding if the new arbitral Courts of Romania are important competitors in the field and if their recommended arbitration agreement should be included in the commercial agreements.

  16. Arbitration Foundation of South Africa

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    Vladimir O. Kramarenko

    2016-12-01

    Full Text Available In the present article author explores the history and legal framework for the creation and operation of international commercial arbitration in South Africa. Author notes that South Africa is the most economically developed country in Africa, it is among dozens of major international organizations. From the point of view of the development of the system of law, legal proceedings and arbitration, South Africa is an attractive state for study. Author emphasizes that the South African Republic throughout its existence has been influenced by two legal families: Anglo-Saxon and Romano-Germanic. Therefore, it is important to note that South Africa refers to a mixed system of law. To date, South Africa has two international commercial arbitration: the Arbitration Foundation of South Africa and the Association of Arbitrators. In the conclusion author points out that the development and establishment of the centers of the arbitration fund continues: new centers are being established, and the system of procedures for dealing with cases in already established centers is being improved.

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

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    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

  18. ARBITRABILITY OF DISPUTES RELATED TO INTELECTUAL PROPERTY RIGHTS

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    Ruxandra I. CHIRU

    2017-05-01

    Full Text Available The present study is aimed for the intellectual property rights holders and specialists in intellectual property law, that are invited to use, promote and implement arbitration as a winning alternative means of solving disputes. The author presents the arbitration as the main method of alternative dispute resolution and analyses the conditions in which arbitration may be used for settling disputes related to intellectual property rights. In this respect, the paper largely presents the main conditions: the dispute has to be liable for settlement by means of arbitration, the parties have to conclude an arbitration agreement, the arbitration agreement has to be valid and effective and the dispute has to be included in the provisions of the arbitration agreement. The author also reviews the types of arbitration used by the World Intellectual Property Organization Centre for Arbitration and Mediation, the World Trade Organization, the Romanian Copyright Office and the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, presenting some ruling of arbitral tribunals concerning arbitrability issues.

  19. The National and Sharia Arbitrations: a Comparative Study

    OpenAIRE

    Fitriyanti, Fadia

    2013-01-01

    In the business world, of course, many considerations that underlie the business actors to choose arbitration as a dispute resolution efforts for dispute that will or they face. Among the advantages of arbitration over court based on Arbitration Act are the parties can choose the arbitrator. Although in the arbitration the parties can select arbitrators who are experts in their fields, seem the consideration to establish BASYARNAS (The National Sharia Arbitration Board) at first certainly rai...

  20. Arbitration and Judicialization

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    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.

  1. 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...

  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. 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...

  4. 50 CFR 680.20 - Arbitration System.

    Science.gov (United States)

    2010-10-01

    ... participants in the arbitration (recognizing the impact of sales to affiliates on wholesale pricing); (C... pricing); (3) Innovations and developments of the harvesting and processing sectors and the participants... fishery, but the Formula Arbitrator shall not have subpoena power. (vi) The Formula Arbitrator may obtain...

  5. 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

  6. Japan Sports Arbitration Agency (JSAA

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    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.

  7. Arbitration of family separation issues – a useful adjunct to ...

    African Journals Online (AJOL)

    Arbitration of family separation issues – a useful adjunct to mediation and the ... Lastly, it is concluded that although family arbitration will not have universal appeal or ... arbitrator qualifications; arbitral awards; court review of arbitral awards.

  8. NOTES ON ARBITRABILITY UNDER ETHIOPIAN LAW Introduction ...

    African Journals Online (AJOL)

    eliasn

    highlight the conceptual underpinnings of arbitrability in general and its treatment under Ethiopian ... not arbitrable under the law of the country where enforcement is sought.”3. ♧ .... general contract provisions concerning arbitration. When parties .... principle that “anything that is not prohibited is presumed to be permitted”,.

  9. Multi-tiered sports arbitrations in the Republic of Serbia

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    Galantić Miloš B.

    2015-01-01

    Full Text Available Contrary to popular perception of the legal profession, multi-tier arbitrations are neither new, nor uncommon phenomenon. With growing need of the community to arbitration becomes real, not just theoretical, alternative to judicial resolution of disputes, arbitration accepts more judicial characteristics, among which is one of the most important and at the same time controversial - multi-tiered dispute resolution. Multi-tiered arbitration proceeding is traditionally present in commercial and investment arbitrations. However, in recent decades, significant international arbitration institutions introduced the option for consensual review of arbitration awards. Sports law is an area where, by the end of the twentieth century, the phenomenon was unnoticed present. The international sports community, as a precondition for the survival of autonomous settlement of disputes, choose dispute settlement by arbitration, but with a number of significant modifications. One of the most specific is multi-tiered arbitration, especially regarding the most important cases. The main reason for such behaviour is the aspiration of the international sports community, following the example of national courts, to organize efficient, quality and final way of resolving disputes within its jurisdiction. Permanent Court of arbitration of the Olympic Committee of Serbia follows the mentioned logic, thanks to the provisions of the Sports Act and contrary to the Arbitration act, and introduces the possibility of reviewing its decision in front of the Court of arbitration for sport based in Lausanne.

  10. 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....

  11. Utility function under decision theory: A construction arbitration application

    Science.gov (United States)

    Alozn, Ahmad E.; Galadari, Abdulla

    2017-08-01

    While a wide range of dispute resolution mechanisms exist, practitioners favor legally binding ones such as litigation and arbitration. Since initiating a litigation or arbitration case against a business partner may dissolve the business relationship between them, predicting the arbitrator's decision becomes valuable to the arbitrating parties. This paper proposes a construction-specific utility framework for the arbitrating party through decision theory, and based on expected utility theory. The proposed framework preserves the industry practicality and most importantly, considers direct short-term factors and indirect long-term factors as well. It is suggested that the arbitrating parties' utility functions could be then used to identify equilibrium points among them when interact via game theory principles, which would serve the purpose of predicting the arbitration outcome.

  12. 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.

  13. Legal Approaches to Online Arbitration: Opportunities and Challenges in Indonesia

    OpenAIRE

    Fitrianingrum, Agustina; Shahrullah, Rina Shahriyani; Syarief, Elza

    2016-01-01

    Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approa...

  14. Jurisdictional basics governing the commercial arbitration in Iran

    Directory of Open Access Journals (Sweden)

    Tahmineh Rahmani

    2016-06-01

    Full Text Available With the birth and growth of the arbitration phenomena in recent decades, establishment of Court of Arbitration in the form of International Commercial Arbitration Law, international treaties and domestic independent and particular laws by countries, the increasing tendency of traders and businesses to resolve problems through this body gradually leads to excellence of the position of this body and typically coercion and obligation of officials and supporters of this entity to modify or supplement the former rules or ratify new and progressive legislation with broader discretionary limits for arbitrators, so that the establishment and ratification of regulations in form of conventions with membership of many countries has been the result of meeting will of politicians with fortune and tendency of businessmen, merchants and etc. 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 resolution in international commercial transactions. However, Consistent with the dominance of the national authority on private equity, the entity is located at the foot of the rights of nature into the public law; although, private perspective is dominance.

  15. QUASI-ARBITRATION WITH REFERENCE TO FIDIC RULES

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    Vjekoslav Puljko

    2016-07-01

    Full Text Available Quasi-arbitration is a way of settling a dispute without going to court. While it is increasingly present in modern business practices, in Croatia only a few university professors have dealt with it. Therefore, the aim of this paper is to describe the procedure and its rules and bring it closer to potential users. In the introductory part, we briefly analyse the term quasi- arbitration. As the term has a lot in common with arbitration, we also analyse its relation with arbitration. The paper focuses on recent changes to the rules on technical arbitration of the International Chamber of Commerce (ICC because they can be used as a great guide for finding possible Croatian solutions. On the other hand, special attention has been paid to FIDIC rules since they exemplify the presence of quasi-arbitration clauses applied in Croatia, and the authors believe that they have become the standard for construction and engineering works financed by the cohesion and structural funds, which are of crucial importance for co-financing of infrastructure projects in Croatia. The authors’ opinion is that familiarising both experts and the general public with these rules may contribute to more transparent public procurement not only in public investment but also in private projects as they greatly facilitate business operation.

  16. 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...... 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...

  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...

  18. ARBITRATION AND LEX SPORTIVA: THE CASE OF THE COURT OF ARBITRATION FOR SPORT (CAS

    Directory of Open Access Journals (Sweden)

    Mateus de Oliveira Fornasier

    2017-08-01

    Full Text Available The subject of the present work is the sport arbitration at a global level, delimiting the field of study to the performance of the Court of Arbitration for Sport (CAS as a decision-making body. The problem that led to the elaboration of this work was: how does the Court of Arbitration for Sport (CAS form part of the decision-making body with juridical characteristics? Its main hypothesis is that the Court for Arbitration of Sport (CAS is the highest instance of a non-state, but global, legal order whose decisions are competent not only for issues of purely sporting interest but also that set precedents for itself (which makes it selfreferential and also concerns about issues pertaining to the fundamental rights of athletes and organizations. Main objective: to analyze, from basic notions of the Theory of Autopoietic Social Systems (such as complexity, transnationalization and autopoiesis the Lex Sportiva and the Arbitral Court of Sport.Specific objectives: i to observe Lex Sportiva, a non-state and transnational legal order arising from the regulation of the most varied professional sports; ii to approach the CAS as the main center of juridicity in this multicentric order. Methodology: systemic-constructivist. Results: i the emergence of Lex Sportiva in the hypercomplex, polyontextural and globalized society constitutes a true non-state legal order, whose autonomy, legitimacy and binding force are recognized by state orders; ii its normative and decision-making processes deal with issues of high relevance not only to the sport itself but also to fundamental freedoms; iii the CAS, in this context, reveals itself as a true non-state maximum court, whose decisions are fundamentally relevant to various aspects of the life of those involved in sports activities.

  19. VOLUNTARY INTEREST ARBITRATION IN THE ETHIOPIAN ...

    African Journals Online (AJOL)

    *Birhanu is currently working as the Manager of the Legal Research and Advisory Division ... forth voluntary interest arbitration to the attention of lawyers, employees, .... being selective is a poor design since the basic rules of this law are not .... courts to review interest arbitrators decision on the merit by way of appeal.

  20. Overview of the recognition and enforcement of international commercial arbitration

    Directory of Open Access Journals (Sweden)

    Sergey Kravtsov

    2017-01-01

    Full Text Available The subject. This informational article is devoted to the peculiarities of recognition and enforcement of international commercial arbitration awards according to different countries’ legislation and international legal regulation.The purpose of the article is to identify legal patterns of recognition and enforcement of international commercial arbitration awards in different countries.Methodology. The study is based on comparative law and formal law methods, analysis and synthesis.Results, scope of application. Enforcement of arbitral awards in foreign countries is ensured and guaranteed by multilateral conventions, bilateral treaties and national legislation. The New York Convention 1958 in a certain way limits the scope of legal protection of arbitral awards and leaves the procedure for recognition and enforcement of arbitral awards for consideration of the state court. The author analyses of differentiation of the recognition and enforcement regime of so-called "domestic" and "foreign" solutions of international commercial arbitration in terms of doctrinal approaches and practice of foreign countries. Special attention is given to the analysis of foreign arbitral awards of recognition and enforcement procedures is given to a denial of recognition and enforcement of foreign arbitral awards and their reasons. In spite of the explicit grounds for refusal of recognition and enforcement of foreign arbitral awards in New York Convention 1958, some countries try to establish certain exceptions to the rule in the national legislation. Results may be applicable in improvement of international legal regulation.Conclusions. The courts of the countries – participants of the New York Convention 1958 cannot cancel the foreign arbitral award or revise it substantially. The refutation of this award is possible only in the court of the state in whose territory the relevant arbitral award was made, and such court is not formally bound by the rules of the

  1. Health care litigation: the arbitration alternative for dispute resolution.

    Science.gov (United States)

    Cole, C A

    1989-01-01

    This is the second in a series of articles on health care litigation. This article focuses on the benefits of arbitration as an alternative dispute mechanism for health care providers. The use of arbitration offers speed and economy to the parties. For the health care provider, arbitration can reduce litigation expense and the likelihood of "runaway" jury verdicts.

  2. 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.

  3. 37 CFR 251.2 - Purpose of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

    ... carrier royalty fees and digital audio recording devices and media payments deposited with the Register of... 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...

  4. An Arbitrated Quantum Signature Scheme without Entanglement*

    International Nuclear Information System (INIS)

    Li Hui-Ran; Luo Ming-Xing; Peng Dai-Yuan; Wang Xiao-Jun

    2017-01-01

    Several quantum signature schemes are recently proposed to realize secure signatures of quantum or classical messages. Arbitrated quantum signature as one nontrivial scheme has attracted great interests because of its usefulness and efficiency. Unfortunately, previous schemes cannot against Trojan horse attack and DoS attack and lack of the unforgeability and the non-repudiation. In this paper, we propose an improved arbitrated quantum signature to address these secure issues with the honesty arbitrator. Our scheme takes use of qubit states not entanglements. More importantly, the qubit scheme can achieve the unforgeability and the non-repudiation. Our scheme is also secure for other known quantum attacks . (paper)

  5. Arbitral sentence and its legal nature Sentença arbitral e a sua natureza jurídica

    Directory of Open Access Journals (Sweden)

    Rozane da Rosa Cachapuz

    2005-12-01

    Full Text Available The arbitration is instrument of solution of conflicts of interests that involve available patrimonial rights, having for bedding the will of parts and the State authorization, here it is that instituted for the Law nº 9,307 of 23 of September of 1996. The study it deals with its more excellent act, carrying through a more refined analysisof the aspects of special award in its legal nature. Objective to demystify the legal nature of the award when analyzing the theory of the judicial sentence and apply it in the institute of the arbitration, everything objectifying to establish the contours of the legal nature of the award, in order to locate it in the legal system and to facilitate its understanding. It concludes demonstrating the intensity of identification between the award and judicial, on the basis of the study made on its identification and differentiated, extracted elements of the analysed thematic sources.A arbitragem é instrumento de solução de conflitos de interesses que envolvam direitos patrimoniais disponíveis, tendo por fundamento a vontade das partes e a autorização estatal, eis que instituído pela Lei nº 9.307 de 23 de setembro de 1996. O estudo trata de seu ato mais relevante, realizando uma análise mais apurada dos aspectos da sentença arbitral em especial sua natureza jurídica. Objetiva desmistificar a natureza da sentença arbitral ao analisar a teoria da sentença judicial e aplicá-la ao instituto da arbitragem, verificando sua adequação e pertinência teórica; tudo objetivando estabelecer os contornos da natureza jurídica da sentença arbitral, de modo a localizá-la no ordenamento jurídico e facilitar sua compreensão. Conclui demonstrando a intensidade de identificação entre a sentença arbitral e judicial, com base no estudo feito sobre seus elementos identificadores e diferenciados, extraídos das vertentes temáticas analisadas.

  6. ARBITRATION – AN ALTERNATIVE SETTLEMENT OF INTERNATIONAL TRADE DISPUTES

    Directory of Open Access Journals (Sweden)

    Gabriel MIHAI

    2016-07-01

    Full Text Available Arbitration is today considered a form of justice adjusted specifically for disputes between traders, representing a special attraction for the business world. Arbitration can be considered as a refuse reflex from the traders to obey close-minded forms of common law procedure, characterized by excessive rigor or conservatism and as an expression of their propensity towards more malleable means of settling disputes, specific to arbitration.

  7. CUSTOMARY ARBITRATION IN NIGERIA: A REVIEW OF EXTANT ...

    African Journals Online (AJOL)

    RAYAN_

    social equilibrium of the society as a corporate whole.23 So is the practice of arbitration ... 37 Dalhuisen J. H, Dalhuisen on International Commercial Financial and Trade ..... This criterion is fundamental to the validity of an arbitral award under.

  8. Resolution of consumer disputes through arbitration with special regard on insurance disputes

    Directory of Open Access Journals (Sweden)

    Tomić-Petrović Nataša

    2014-01-01

    Full Text Available Efficient resolution of consumer disputes contributes to the strengthening of consumer protection. As the increasing of number of consumer contracts necessary increase consumer disputes, there is an interest in developing the Alternative Disputes Resolution. The paper is devoted to the question of arbitrability of consumer disputes. At the beginning of the paper author points out at the difference between European and American approach to the arbitration of consumer disputes. Having in mind the premise that classic (commercial arbitration is not a priori suitable on consumer disputes author advocates introduction of specific consumer arbitration. The largest part of the paper deals with the characteristics of proposed consumer arbitration in order to prevent clause of arbitration to be void as unfair contract term. It is underlined the importance of free and informed consent of consumer on arbitration clause. At the conclusion, author cites approach of European Court of Justice according to which national courts have to look after unfair character of arbitration clause contained in consumer contract ex officio.

  9. The Arbitration Law of the Dubai International Finance Centre

    OpenAIRE

    Luttrell, S.R

    2008-01-01

    The latest and most ambitious Free Financial Zone in the United Emirates is theDubai International Finance Centre (DIFC). The DIFC was set up in 2004. It has its own courts andjudicial system. It also has its own arbitration law. The DIFC arbitration law is in a process ofreview. A Model Law instrument is expected late in 2008. It is intended to explain some of theprovisions of the current DIFC arbitration law and to assist those using it.

  10. 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

  11. IMPACT OF THE RECENT REFORMS ON INDIAN ARBITRATION LAW

    Directory of Open Access Journals (Sweden)

    R. Moonka

    2017-01-01

    Full Text Available In order to give effect to the UNICITRAL Model Law on Arbitration and due to radical change in its economy as the result of the 1991 New Economic Policy (NEP India enacted the 1996 Arbitration & Conciliation Act. This Act provides a pragmatic legal basis for resolution of commercial disputes outside the court procedures. It circumscribes the older laws and consolidates multiple legal norms dealing with arbitration. However, the experiences in application of this Act for the last 20 years suggest that it needs to be amended as it contains serious drawbacks primarily due to poor legal technique which necessitated excessive judicial interventions and judicial overreach having led to resentment among those willing to resort to alternative dispute resolution under this Act while keeping the seat of Arbitration in India. Several attempts were made by the successive governments aiming at amending the 1996 Act. Yet all those attempts failed. Finally the present Union Government under the leadership of the Prime Minister Mr. Narendra Modi was able to bring in sweeping changes in existing arbitration law. These changes were carried out with the commitment of the Government in doing business in India through the Ordinance route and proper legislative procedures which finally led to the amendments having come into force on January 1, 2016. This paper attempts to analyse the key changes brought through the 2015 Amendment Act and their impact on the application of arbitration law in India. Moreover, the authors overview the prospects of India to acquire the preferred position in International Commercial Arbitration in the future as envisioned by the present Modi Government.

  12. 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 or...

  13. The content of arbitration agreement: Facultative elements as an instrument for exercising contractual freedom

    Directory of Open Access Journals (Sweden)

    Janićijević Dejan

    2014-01-01

    Full Text Available The content of an arbitration agreement is of great practical importance, given the effect its provisions may have on the rights and interests of the parties in the arbitration proceedings. Beside the mandatory elements, an arbitration agreement may include numerous facultative provisions, where parties express their contractual freedom, limited only by the imperative law and institutional arbitration rules. Even in cases when contractual provisions are contrary to the imperative law, in many states, the policy of maintaining arbitration agreement would result in ignoring the problematic provisions. The list of facultative elements of an arbitration agreement is practically limitless; among other elements, it may include: time limitations on the validity of an arbitration agreement; determinations referring to the composition of the arbitration tribunal; detailed rules pertaining to the procedure, decision-making processes and content of the arbitration award as well as its annulment; provisions on the choice of law; the right of third parties to intervene; joinder, consolidation and the authority of arbitration tribunal to decide as amiable compositeur or ex aequo et bono. The development of international commerce as well as arbitration legislature and practice, featuring transactions of ever-increasing complexity, have brought about the need to establish dispute resolution mechanisms modulated according to their specific characteristics. The customary practice of concluding arbitration agreements in the form of standardized and simple clauses is being challenged by the growing complexity of international trade. Therefore, not only should a modern arbitration agreement clearly demonstrate the parties' intent to submit a dispute to arbitration but it should also conform the arbitration procedure (as much as possible] to the content of the parties' relationship and the dispute that has emerged or may arise thereof.

  14. The unilateral appointment of co-arbitrators

    DEFF Research Database (Denmark)

    Tufte-Kristensen, Johan

    2016-01-01

    on some important aspects of the procedure but leaves certain aspects and arguments unconsidered. The article approaches the appointment procedure from a neutral position. It identifies and considers the relevant rules, practices, and arguments in order to discuss the procedure’s implications...... of experienced arbitration practitioners have advocated against the procedure for some of the reasons above, whereas other experienced arbitration practitioners have defended the procedure because of its practical advantages and underlying rationales. Each of the previous contributions to the debate sheds light...

  15. Internal and international commercial arbitration as a private form of law enforcement

    Directory of Open Access Journals (Sweden)

    Sergey Kurochkin

    2017-01-01

    Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

  16. Nuclear arbitration: Interpreting non-proliferation agreements

    International Nuclear Information System (INIS)

    Tzeng, Peter

    2015-01-01

    At the core of the nuclear non-proliferation regime lie international agreements. These agreements include, inter alia, the Nuclear Non-proliferation Treaty, nuclear co-operation agreements and nuclear export control agreements.1 States, however, do not always comply with their obligations under these agreements. In response, commentators have proposed various enforcement mechanisms to promote compliance. The inconvenient truth, however, is that states are generally unwilling to consent to enforcement mechanisms concerning issues as critical to national security as nuclear non-proliferation.3 This article suggests an alternative solution to the non-compliance problem: interpretation mechanisms. Although an interpretation mechanism does not have the teeth of an enforcement mechanism, it can induce compliance by providing an authoritative interpretation of a legal obligation. Interpretation mechanisms would help solve the non-compliance problem because, as this article shows, in many cases of alleged non-compliance with a non-proliferation agreement, the fundamental problem has been the lack of an authoritative interpretation of the agreement, not the lack of an enforcement mechanism. Specifically, this article proposes arbitration as the proper interpretation mechanism for non-proliferation agreements. It advocates the establishment of a 'Nuclear Arbitration Centre' as an independent branch of the International Atomic Energy Agency (IAEA), and recommends the gradual introduction of arbitration clauses into the texts of non-proliferation agreements. Section I begins with a discussion of international agreements in general and the importance of interpretation and enforcement mechanisms. Section II then discusses nuclear non-proliferation agreements and their lack of interpretation and enforcement mechanisms. Section III examines seven case studies of alleged non-compliance with non-proliferation agreements in order to show that the main problem in many cases

  17. 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)

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

    DEFF Research Database (Denmark)

    Siig, Kristina

    2007-01-01

    Legal disputes regarding international trade frequently involve more than two parties. This leads to problems, as the preferred means of dispute resolution within international trade - arbitration - tends to be ill-equipped to handle such disputes. The topic of the paper is arbitration as a means...... 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...

  19. The doctrine of party autonomy in international commercial arbitration

    African Journals Online (AJOL)

    The freedom of parties to consensually execute arbitration agreement is known as the principle of party autonomy. The principle provides a right for the parties to international commercial arbitration to choose applicable substantive law and these laws when chosen shall govern the contractual relationship of the parties.

  20. Оn the new procedure for the creation of the arbitration institution (introduction to review

    Directory of Open Access Journals (Sweden)

    Yuri Gerasimenko

    2017-01-01

    Full Text Available УДК 342.951+347.999This informational introductory article is devoted to the peculiarities of the procedure of creation of the arbitration institution according to the new 2015 Federal Law "On arbitration (arbitration proceedings". The aim of the article is the identification of the new law preconditions to the emergence of administrative barriers in the establishment of arbitral institutions. The study is based on methods of formal law, analysis and synthesis, the sociological method of survey is also used. The results and scope of the results. The article notes the objective difficulties in the establishment of arbitration institutions as well as provides a critical analysis of the innovations in 2015 Federal Law "On arbitration (arbitration proceedings in the Russian Federation". The procedure for creating the arbitration courts became more bureaucratic and it is focused on filtering such institutions by tightening the requirements. The procedure for creating the arbitration courts can be described as permissive and multi-stage. The second noticeable trend in the 2015 Federal Law is broad sphere of control over arbitration courts and substitution of their competence by a competent court. According to the results of a survey of representatives of the business community authors identify the legislative background of administrative barriers on a way of establishment of arbitration courts. The results of the study can be used in the improvement of legislative procedures for the estab-lishment of arbitration courts. Conclusions. New Law actually creates a "quasi-judicial" bodies, that have highest level of bureaucratization, so arbitration courts lose their main characteristics: contractual and dispositive principles. Novels of Law, aimed at stricter administration and control, are obvious, however, a new quality for arbitration as the most popular form of alternative dispute resolution is still not created.

  1. Islamic Banking in Malaysia: Arbitration Resolution of Financial Disputes and Obstacles to its Spread

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2017-01-01

    Full Text Available Purpose: the article examines the main problems associated with the extension of arbitration of domestic and international Islamic financial disputes in Malaysia. These include the specific features of the legal regulation of Malaysia, excluding the resolution of certain categories of cases by way of arbitration, and the lack of legal certainty in the submission of cross-border contracts in the field of Islamic banking to Sharia law.To achieve this goal in the article you must accomplish the following tasks: to determine whether there are institutions in Malaysia providing arbitration services for disputes in the field of Islamic banking; investigate the reasons for the unwillingness of the parties to a financial dispute to transfer it to arbitration; to identify the main problems of transferring a cross-border financial dispute to international arbitration; to study the practice of international arbitration on this issue.Methods: this article is based on an interdisciplinary concept of research, which allowed to distinguish the distinctive features of the legal regulation of the settlement of financial disputes in Malaysia.Results: currently the popularization of arbitration permits for domestic and international financial disputes in Malaysia faces difficulties due to both internal reasons and the traditional approach of Islamic banks to include in contracts the reservation of subordination of the provisions of the contract to the law of England or the United States in conjunction with the reservation clause financial disputes in the courts and arbitration of these states. Nevertheless, one can assume with great confidence that, following the development of Islamic banking, so-called Islamic arbitration will spread in Malaysia.Conclusions and Relevance: the materials outlined in the article show the special role of arbitration in resolving domestic and international disputes in the field of Islamic banking. Practical application of its results

  2. The Degree of Court's Control on Arbitration under the Ethiopian Law

    African Journals Online (AJOL)

    The Degree of Court's Control on Arbitration under the Ethiopian Law: Is It to the ... C)) reveals that courts in Ethiopia control arbitration by such avenues as appeal, ... all overlook the avenue of refusal, particularly in terms of domestic awards.

  3. The concept “international arbitration” in the context of professional training of future arbitration lawyers

    Directory of Open Access Journals (Sweden)

    Оlga Nagorna

    2017-04-01

    Full Text Available International arbitration is an effective alternative mechanism for dispute resolution between the parties to the treaty in the context of globalization. Nowadays there is a demand for optimal organization of education and training specialists, capable to realize arbitration practice in the international arena. Professional training of future arbitration lawyers is carried out within master programs. In addition to professional disciplines, the curriculum includes the study of Business English as a component of professional competence of future arbitration lawyers and a tool for their professional interaction. To create reliable conditions for high-quality foreign language training, a lecturer has to obtain certain another sphere knowledge, in particular to understand the essence of the concept “international arbitration”.Key words: international arbitration, professional training, future arbitration lawyer, master program, Business English

  4. STUDI PERBANDINGAN PENYELESAIAN SENGKETA BISNIS DAN IMPLEMENTASINYA ANTARA LEMBAGA BADAN ARBITRASE NASIONAL INDONESIA DAN SINGAPORE INTERNATIONAL ARBITRATION CENTRE

    Directory of Open Access Journals (Sweden)

    Grasia Kurniati, S.H, M.H.

    2016-09-01

    Full Text Available Forum dispute resolution through arbitration that we know today is the National Arbitration and International Arbitration. What is meant by International Arbitration is a well known method used for resolving disputes between parties who are bound in an international business contracts. In line with arbitration in general, international arbitration is created from arbitration clause contained in a contract that has been agreed by the parties who are bound in it. International dispute resolution is based on broad international business contracts executed under some judicial institutions internationally renowned referees, one of which is the Singapore International Arbitration Center (SIAC. Procedure regarding the implementation of the arbitral award in Indonesia distinguished by the type of decision, the arbitration award of national or international arbitration decision. What is meant by international arbitration decision is stipulated in Article 1 point (9 of Law Number 30 of 1999 on Arbitration and Alternative Dispute Settlement. The background of this research is that businesses, both domestic and international, to resolve business disputes they prefer resolving disputes through arbitration institutions, in particular SIAC compared with BANI institutions. It is to be examined whether and how the process and procedures that exist in both institutions, as well as the comparative advantages and disadvantages. This study discusses the comparison process of dispute resolution through arbitration in BANI Institutions and SIAC, so we get the data of how the method of dispute resolution through arbitration has become the primary choice for businesses in the dispute. The research proves that the processes and procedures for dispute resolution in the SIAC institutions have differences with BANI institutions in the processes and procedures and the legal basis used in the settlement of business disputes between the parties.

  5. BINDING EFFECT OF ARBITRATION CLAUSE TO THIRD PARTIES: PRIVITY OF CONTRACT DOCTRINE Vs. PIERCING THE CORPORATE VEIL

    Directory of Open Access Journals (Sweden)

    Y Sogar Simamora

    2018-02-01

    Full Text Available The arbitration agreement is the legal basis for the arbitration forum to examine and adjudicate the dispute which arose from a private relationship where the parties agree to settle the dispute in arbitration forum. As an agreement, the arbitration agreement still applies the principles of contract, including the principle of privity of contract. In the doctrine of privity of contract, an agreement is only binding and have legal effect only to the parties, the agreement in principle, cannot provide profit or loss to a third party. In the arbitration agreement, only the parties are bound by the arbitration agreement that can become parties to the case investigation. However, in the development of arbitration practice also shows that a third party, not a signatory to the arbitration agreement can be held accountable through an examination of the arbitration case. Such a situation is possible if the third party is resident as a holding company or shareholder of a limited liability company, in which the limited liability company is bound by an arbitration agreement, and the holding company or shareholder proven to perform actions through a subsidiary or a limited liability resulting harm the other party.

  6. 37 CFR 251.72 - Declaration of controversy: Initiation of arbitration proceeding.

    Science.gov (United States)

    2010-07-01

    ... 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 of... royalties, the Librarian shall publish in the Federal Register a declaration of controversy along with a...

  7. THE PRINCIPLE OF CONFIDENTIALITY IN ARBITRATION. APPLICATION AND LIMITATIONS OF THE PRINCIPLE

    Directory of Open Access Journals (Sweden)

    Bazil Oglindă

    2015-11-01

    Full Text Available Over the years, arbitration has grown to be the preferred means of dispute resolution by commercial entities. One of the benefits that build the attraction for this system of dispute resolution was the principle of confidentiality. One issue that needs to be analyzed is about the reasons why confidentiality is so important in business. Confidentiality is a principle largely embraced in arbitration, but, as we will see, the principle is not an absolute one. There are a set of questions that needs to be answer to, like: Who is bound by the duty of confidentiality? Does this refer only to the parties or does it expands to other actors involved in the arbitral proceedings? What happens with the obligation of confidentiality when issues are brought before a court, taking in account the principle of open justice? We will see that in some countries are procedural laws allowing the courts to order an arbitration claim to be heard in public or in private. Another important aspect that has arisen in the last period is regarding the public policy and the protection of public interest as a limitation to confidentiality of arbitration. This is a sensitive matter especially when one of the parties is a state or a state entity. This study aims to explore the principle of confidentiality in arbitration by focusing on its domain and on its limits, both from the comparative approach and from the Romanian approach. Knowing all this aspects, we will realize the importance of having professional counseling when drafting an arbitration clause and how this can be the missing puzzle piece of your business.

  8. Network-based Arbitrated Quantum Signature Scheme with Graph State

    Science.gov (United States)

    Ma, Hongling; Li, Fei; Mao, Ningyi; Wang, Yijun; Guo, Ying

    2017-08-01

    Implementing an arbitrated quantum signature(QAS) through complex networks is an interesting cryptography technology in the literature. In this paper, we propose an arbitrated quantum signature for the multi-user-involved networks, whose topological structures are established by the encoded graph state. The determinative transmission of the shared keys, is enabled by the appropriate stabilizers performed on the graph state. The implementation of this scheme depends on the deterministic distribution of the multi-user-shared graph state on which the encoded message can be processed in signing and verifying phases. There are four parties involved, the signatory Alice, the verifier Bob, the arbitrator Trent and Dealer who assists the legal participants in the signature generation and verification. The security is guaranteed by the entanglement of the encoded graph state which is cooperatively prepared by legal participants in complex quantum networks.

  9. Enhanced arbitrated quantum signature scheme using Bell states

    International Nuclear Information System (INIS)

    Wang Chao; Liu Jian-Wei; Shang Tao

    2014-01-01

    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

  10. 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 Relations AGENCY FOR INTERNATIONAL DEVELOPMENT ARAB REPUBLIC OF EGYPT LOAN GUARANTEES ISSUED UNDER THE EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS...

  11. 48 CFR 49.108-5 - Recognition of judgments and arbitration awards.

    Science.gov (United States)

    2010-10-01

    ... ACQUISITION REGULATION CONTRACT MANAGEMENT TERMINATION OF CONTRACTS General Principles 49.108-5 Recognition of... arbitration under any applicable law or contract provision, the TCO shall recognize the arbitration award as... contractor, the TCO shall, for the purposes of settling the prime contract, treat the amount of the judgment...

  12. 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.

  13. 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.

  14. A comparative study in the UNCITRAL model law about the independence of the arbitration clause

    Directory of Open Access Journals (Sweden)

    Atefeh Darami Zadeh

    2018-02-01

    Full Text Available The aim of the paper was to investigate the independence of the arbitration clause from the main contract in the International Commercial Arbitration Law of Iran with a comparative study in the UNCITRAL model law. The effectiveness of this type of procedure, its coordination with the specific objectives and the special status of international traders has led to their increasing willingness to use this legal solution. We use a comparative method, quasi-experimental, to describe similarities and differences in variables in two or more existing groups in a natural setting; it resembles an experiment as it uses manipulation but lacks random assignment of individual subjects.  This study begins analyzing international arbitration and the UNCITRAL model rules (Chapters I to VI, then reviewing the national arbitration (Chapter V; thus, the effects of the principle of independence of the arbitration clause can be seen (Chapter VII and, later, the problems that arise (Chapters VIII to X. Even so, the main conclusion is that the parties usually agree to resolve their international disputes through arbitration, which is judged privately and universally accepted.

  15. Arbitrability of Disputes Related to the Privatization of State-Owned Property in Ukraine

    Directory of Open Access Journals (Sweden)

    Oleksandr Frolov

    2016-01-01

    Full Text Available The article is devoted to the analysis of arbitrability of disputes between a privatization body and purchaser arising out of a sale and purchase agreement of a privatization object or relating thereto. Author reached a conclusion that before the Law of Ukraine on Enactment of Some Laws of Ukraine Aimed at the Improvement of Privatization Process dated 16 February 2016 No. 1005-VIII entered into force disputes in relation to alienation to privatization objects could have been referred to international commercial arbitration.Based on the analysis of court practice in relation to sale and purchase agreements which contained arbitration clauses, author reached a conclusion thatsome of the arguments against arbitrability of this category of disputes did not lose their relevance even after the said law entered into force.

  16. Research for South Korea international Arbitration Court for resolving, in case commercial dispute between Russian and Korean companies

    OpenAIRE

    Kang, Taewook

    2012-01-01

    In the article – the introduction of South Korea Commercial Arbitration System (for ADR) and International Arbitration Court. When a dispute ari­ses between Russian and Korean companies, for resolving, can be selected the International Arbitration Court of Russia, Korea, or other countries. Therefore, here enumerated about the International Arbitration Court of the Republic of Korea.

  17. THE EXCEPTION OF UNCONSTITUTIONALITY RAISED BEFORE AN INTERNATIONAL ARBITRAL TRIBUNAL

    OpenAIRE

    Eugen HURUBÃ; Luminita GABURA

    2014-01-01

    The main aim of the paper work is to determine whether the Constitutional Court of Romania could be notified by international tribunals in relation to cases tried under Romanian law. On 5 March 2013 the Constitutional Court of Romania decided, for the first time, on a case concerning an exception of unconstitutionality raised before an international tribunal of commercial arbitration. The exception of unconstitutionality of a Government Emergency Ordinance was raised in an arbitration case pe...

  18. Scalable Arbitrated Quantum Signature of Classical Messages with Multi-Signers

    International Nuclear Information System (INIS)

    Yang Yuguang; Wang Yuan; Teng Yiwei; Chai Haiping; Wen Qiaoyan

    2010-01-01

    Unconditionally secure signature is an important part of quantum cryptography. Usually, a signature scheme only provides an environment for a single signer. Nevertheless, in real applications, many signers may collaboratively send a message to the verifier and convince the verifier that the message is actually transmitted by them. In this paper, we give a scalable arbitrated signature protocol of classical messages with multi-signers. Its security is analyzed and proved to be secure even with a compromised arbitrator. (general)

  19. 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.

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

    International Nuclear Information System (INIS)

    James, J.J.; Cornford, E.J.

    2009-01-01

    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

  1. 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. 254.10 Section 254.10 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE... determine values. Bargaining or any other process must be based on an objective analysis of the valuation in...

  2. Arbitration and Conciliation Act Cap A18 laws of the Federation of ...

    African Journals Online (AJOL)

    Nigerian Arbitration and Conciliation Act 2004, which was a re-enactment of 1990 Act plays important role in our arbitration and conciliation practice. Before 2004, a lot of juristic ink was poured out calling for the amendment of certain provisions of the Act. Unfortunately, the 2004 Act failed to address any of the issues raised ...

  3. Importance of court practice review in Russian arbitration (commercial) court proceedings

    OpenAIRE

    Solovyev, A.

    2013-01-01

    The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

  4. Applicable law in investor-state arbitration: the interplay between national and international law

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

    This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

  5. 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…

  6. Arbitrated quantum signature scheme with message recovery

    International Nuclear Information System (INIS)

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

    2004-01-01

    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

  7. Integrated circuit and method of arbitration in a network on an integrated circuit.

    NARCIS (Netherlands)

    2011-01-01

    The invention relates to an integrated circuit and to a method of arbitration in a network on an integrated circuit. According to the invention, a method of arbitration in a network on an integrated circuit is provided, the network comprising a router unit, the router unit comprising a first input

  8. Participation of a non-disputing party in arbitration and protection of the public interest before an ICSID Tribunal

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

    Full Text Available The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process - its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give 'friends of the court' a meaningful and significant role.

  9. INTERPRETATION PUBLIC POLICY IN RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARD IN INDONESIA TURN ASIDE THE LEGAL CERTAINTY

    Directory of Open Access Journals (Sweden)

    Nurnaningsih Amriani

    2014-09-01

    Full Text Available Does not violate “public policy (public order/openbaare orde” is the one of the main reasons for the recognition and enforcement of foreign arbitral award in Indonesia. It follow the rules of Article V of the New York Convention 1958 in which Indonesia ratified through Presidential Decree No. 34 of 1981. This article aims to provide a form of judge interpretation of the meaning of public order before and after the enactment of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, so there is no legal certainty. Therefore the meaning of "public policy" does not limit the scope described in the decree and the Arbitration Act, therefore the interpretation obtained by the decision of the Supreme Court who refused and received recognition of foreign arbitral award in Indonesia. Through the interpretation of this article, the parties involved in the arbitration agreement can predict whether their arbitration award may be given the recognition and implementation in Indonesia.

  10. CASSATION REVIEW OF ARBITRAL AWARDS: DOES THE LAW ...

    African Journals Online (AJOL)

    The question, however, is: Does the Ethiopian arbitration law provide for such review of ..... the context of allocating judicial powers among different levels of courts ..... the Model Law envisages court involvement in the following instances.

  11. Arbitral action and preventive methods against predatory journal practice

    Directory of Open Access Journals (Sweden)

    Sung Pil Park

    2018-02-01

    Full Text Available As open access model of journal publication increases, predatory journals, which deceive scholars to publish journals in fake database websites and exploit them for publishing fee, is also increasing. There are two types of predatory journals. First, journal hijacking and cybersquatting generally create fake database website by mimicking authentic database website, thereby defrauding scholars for publication fee. Second, journal phishing use scam emails to steal scholars’ personal information. If scholars suffered damage from predatory journals, scholars can take either arbitral or judicial actions. Arbitral action follows arbitrational resolution process termed Uniform Domain-Name Dispute-Resolution Policy. Scholars can join Uniform Domain-Name Dispute-Resolution Policy proceeding with legal entity that has right to authentic database website, which will result in cancellation or transfer of fake database website. In contrast, scholars can take judicial action under Anticybersquatting Consumer Protection Act, which may help scholars to recover an actual monetary damage from predatory journals. Nonetheless, taking precaution to avoid predatory journals is the best course of action, rather than going through arduous cure procedures. Scholars may prevent predatory journals by carefully examining fake database website names or email addresses, or observing unreasonable number of published article issues in predatory journal websites.

  12. Intrinsic Factors Influencing Decision making of Arbitrators in Dispute Resolution of variation Claims

    Science.gov (United States)

    Iyer, K. C.; Chaphalkar, N. B.; Patil, Smita K.

    2018-06-01

    Occurrence of disputes is a common feature in construction contracts. Adjudication of disputes through the arbitration process involves detailed and through analysis of facts and evidences related to the case before arriving at the final decision. These facts and evidences have been explored by researchers to develop dispute resolution mechanisms. As a part of the research, the present work identifies the factors which influence the decision making of arbitrators in resolving disputes through a case study of 72 arbitration awards and settled court cases related to Indian construction contracts. This work further seeks consensus for the identified factors from experts and also ranks the factors based on their importance with the help of the responses obtained through a questionnaire survey and statistical tests.

  13. 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.

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

    Science.gov (United States)

    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.

  15. 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…

  16. EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration

    NARCIS (Netherlands)

    X.E. Kramer (Xandra)

    2017-01-01

    markdownabstractThe position of mandatory law and public policy in arbitration has been extensively discussed for quite a number of years, however, there is little consensus on the role of arbitral tribunal in applying EU overriding mandatory law. At the same time, it is clear that (overriding)

  17. "Health care litigation: the arbitration alternative for dispute resolution.".

    Science.gov (United States)

    Barnett, M R

    1989-01-01

    In the recent case of Gross v. Recabaren, the California Court of Appeal issued a decision favorable to physicians on the question of a patient's ability to bind his or her spouse to arbitrate claims for loss of consortium.

  18. 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..

  19. the doctrine of party autonomy in international commercial arbitration

    African Journals Online (AJOL)

    RAYAN_

    provoke discussions in many fora on the applicability of party autonomy in international ... questions, this article analyses the principle of party autonomy. The ultimate aim of .... 12 Odoe, (n 1) 48; English Arbitration Act 1996 s 6. 13 Odoe ibid ...

  20. 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.

  1. 49 CFR 375.211 - Must I have an arbitration program?

    Science.gov (United States)

    2010-10-01

    ... from you or the individual shipper any material or relevant information to carry out a fair and.... (9) If all parties agree, the arbitrator may provide for an oral presentation of a dispute by a party...

  2. Counterclaim in investment arbitration as an instrument for protection of the environment

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2014-01-01

    Full Text Available The paper considers the possibility for respondent states in investment arbitration to use the counterclaim as an instrument for establishing responsibility of the investor for infringement of the environment. The analysis is directed towards the two most significant obstacles in this regard. The first is the issue of whether the investor has, by commencing arbitration against the host state, consented to the jurisdiction of the arbitral tribunal for issues raised in the counterclaim. The practice of those tribunals shows that the problem is particularly complex with regard to the interpretation of the close connection requirement for admissibility of the counterclaim, i. e. the requirement that there is a connection between the dispute in question and claims raised by the respondent state. Furthermore, apart from the problem of jurisdiction and admissibility of the counterclaim, the respondent state is faced with the potential lack of its normative basis. This is the issue of whether the legal rules applied by the tribunal to the merits of the dispute contain an obligation owed by the investor and whether the infringement of that obligation would constitute a basis for submission of a counterclaim.

  3. 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

    ... preliminary question. However, the arbitral tribunal may proceed with the arbitration and rule on such a plea... shall determine the admissibility, relevance, materiality and weight of the evidence offered. Interim...

  4. 29 CFR Appendix to Part 1440 - FIFRA Arbitration Rules

    Science.gov (United States)

    2010-07-01

    ...) Roster means the Commercial Arbitration Roster of AAA. (11) FMCS or Service means the Federal Mediation... Directors Atlanta (30303), India Johnson—100 Peachtree Street, NW. Boston (02108), Richard M. Reilly—294... (48226), Mary A. Bedikian—1234 City National Bank Building Garden City, NY (11530), Ellen Maltz-Brown—585...

  5. 37 CFR 251.54 - Assessment of costs of arbitration panels.

    Science.gov (United States)

    2010-07-01

    ... Accounting Operations Section, Financial Services Directorate, Library of Congress, 101 Independence Avenue... Service and similar corporate courier services), use the following address: Copyright Office General... corporate courier services may not be used for correspondence and filings for the Copyright Arbitration...

  6. Provisions on waiting periods in international investment protection treaties and their impact on the jurisdiction of arbitral tribunals

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2012-01-01

    Full Text Available Provisions on so-called waiting periods in international investment protection treaties give an investor from one contracting state an opportunity to initiate arbitration against the host state provided that the time designated by the treaty from the date on which the dispute arose has elapsed. The aim of those provisions is to enable parties to the dispute to use this time for consultations and attempt to reach a negotiated settlement. The paper analyzes the attitude of contemporary arbitral practice towards the legal nature and effect of those provisions on tribunals' jurisdiction in investment disputes. The analysis shows gradual and clear shift of position taken by the tribunals in cases in which claimants did not comply with waiting periods. Because arbitral tribunals today are more resolved to penalize premature submission of the dispute to arbitration than they were one decade ago, in the future one can expect much more cautious conduct of potential claimants in this regard.

  7. 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.

  8. 78 FR 29071 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2013-05-17

    ... Processors Association (NOPA), RSTAC, Transportation Arbitration and Mediation, P.L.L.C. (TAM), the Western.... FOR FURTHER INFORMATION CONTACT: Amy C. Ziehm at 202-245-0391. [Assistance for the hearing impaired is... Transportation are ex officio, nonvoting RSTAC members. (49 U.S.C. 726.) \\5\\ The Board received comments from the...

  9. 29 CFR 1404.9 - Procedures for requesting arbitration lists and panels.

    Science.gov (United States)

    2010-07-01

    ... Federal Mediation and Conciliation Service, Office of Arbitration Services, 2100 K Street, NW., Washington... their selection. In such a situation, a case number will be assigned. (d) The OAS reserves the right to...

  10. Dispute resolution: the use of arbitration in the credit card industry

    OpenAIRE

    Olivier André

    2009-01-01

    The fine print in most credit card agreements states that any dispute with a credit card issuer must be resolved through arbitration. The author lays out potential advantages and disadvantages for the consumer.

  11. 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.

  12. 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

  13. Arbitrability of Disputes Pertaining to Abusive Debt Collection Practices in the US: Striking a Balance between Efficiency and Fairness

    DEFF Research Database (Denmark)

    Stanescu, Catalin Gabriel

    2017-01-01

    that the “arbitrability” of abusive debt collection practices raises specific concerns. Specifically, the arbitration of such clauses brings into conflict two federal acts—¬the Fair Debt Collection Practices Act (FDCPA) and the Federal Arbitration Act (FAA), which both promote important public policies. Which should...

  14. Je rozhodčí soud pro sport v Lausanne ideálním vzorem sportovní arbitráže?

    Czech Academy of Sciences Publication Activity Database

    Hamerník, Pavel

    2014-01-01

    Roč. 4, 3 - 4 (2014), s. 43-49 ISSN 1338-5569 Institutional support: RVO:68378122 Keywords : Court of Arbitration for Sport * Swiss federal tribunal * arbitration Subject RIV: AG - Legal Sciences www.magisterofficiorum.sk

  15. 76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

    Science.gov (United States)

    2011-07-13

    ... Royalty and Distribution Reform Act of 2004 was signed into law creating the Copyright Royalty Judges, Public Law 108-419, 118 Stat. 2341. The Act replaced the royalty panels with three Copyright Royalty... LIBRARY OF CONGRESS Copyright Office 37 CFR Part 251 [Docket No. 2011-5] Copyright Arbitration...

  16. The Machinery for Enforcement of Domestic Arbitral Awards in Nigeria

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... Arbitration is a private means of resolving dispute which is resorted to, chiefly because the parties choose to avoid as much as possible employing the state machinery for dispute resolution, namely the court and its dreaded time consuming ...

  17. 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…

  18. 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

  19. Limits to Party Autonomy in International Commercial Arbitration

    OpenAIRE

    Giuditta Cordero-Moss

    2014-01-01

    International contracts are often written in a standardised manner and without taking into consideration the applicable law. This may create the illusion that the contract is the only basis for the parties' rights and obligations, especially when the contract contains an arbitration clause. Using two typical contract clauses as an illustration (force majeure clause and entire agreement clause), this article analyses the extent to which an international contract, eventhough it contains an arbi...

  20. 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.

  1. 77 FR 4288 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-27

    ... February 5, 2009, permit application to operate vending machines at the Southern Oregon Rehabilitation... Blind for a permit to operate the Clinic vending machines.'' Arbitration Panel Decision After reviewing... vending machines are part and parcel of that facility. The panel noted that the parties' differing...

  2. Kazan Arbitration Day: The Rule-of-Law Development and Regional Governance

    Directory of Open Access Journals (Sweden)

    Damir Valeev

    2017-01-01

    Full Text Available The third Annual Symposium of the Journal “Herald of Civil Procedure” “2016 –KazanArbitration Day: The Rule-of-Law Development and Regional Governance” was hosted by the Law Faculty on September 30, 2016.The opening ceremony of the event took place in the Hall of the Board of Trustees of theKazanUniversity, followed by an academic discussion on legal issues of the Symposium. The Symposium participants and invited guests had the opportunity to discuss the most current and topical issues of civil procedural law, to present the latest Russian and foreign academic works in this direction to colleagues, to offer further ways of development of contemporary civil procedure, and to exchange experience and accumulated knowledge.The Symposium discussed both the issues that directly related to arbitration proceedings as well as the most relevant news in the field of civil procedure and enforcement proceedings in general.

  3. Teaching the Business Law and Ethics of Arbitration after "Concepcion"

    Science.gov (United States)

    Thompson, Dale B.

    2016-01-01

    For a long time, courts have considered whether to enforce one-sided arbitration clauses on the grounds of unconscionability. Unconscionability is a legal ground for refusing to enforce a contract that seems to be too one-sided, or one that is the result of unfair bargaining. Recent Supreme Court cases in 2011 and 2013--"AT&T Mobility v.…

  4. 1 | Page ARBITRATION AND CONCILIATION ACT CAP A18 LAWS ...

    African Journals Online (AJOL)

    Fr. Ikenga

    unconstitutional and also contrary to the philosophy of arbitration and ADR in general. ADR is not antagonistic of the court system, rather, it is an alternative to litigation with intent to promote speed and efficiency in dispute resolution. It is for these reasons that I am calling for the repeal and or the amendment of section 4 of ...

  5. 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....

  6. 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 4th 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, and the EU Brussels Regulation (recast), 2012....

  7. 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. (c) 2015 APA, all rights reserved).

  8. 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

  9. Security problem on arbitrated quantum signature schemes

    International Nuclear Information System (INIS)

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

    2011-01-01

    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.

  10. Security problem on arbitrated quantum signature schemes

    Energy Technology Data Exchange (ETDEWEB)

    Choi, Jeong Woon [Emerging Technology R and D Center, SK Telecom, Kyunggi 463-784 (Korea, Republic of); Chang, Ku-Young; Hong, Dowon [Cryptography Research Team, Electronics and Telecommunications Research Institute, Daejeon 305-700 (Korea, Republic of)

    2011-12-15

    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.

  11. 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 Commission...

  12. 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...

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

    International Nuclear Information System (INIS)

    Zuo, Huijuan; Huang, Wei; Qin, Sujuan

    2013-01-01

    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. (paper)

  14. Review of the evidence on the use of arbitration or consensus within breast screening: A systematic scoping review

    International Nuclear Information System (INIS)

    Hackney, L.; Szczepura, A.; Moody, L.; Whiteman, B.

    2017-01-01

    Objectives: A systematic scoping review was undertaken to establish the evidence base on arbitration and consensus in mammography reporting. Database searches were supplemented with hand searching of peer-reviewed journals, citation tracking, key author searching, grey literature and personal contact with experts. A 3-stage process was utilised to screen a large volume of literature (601) against the inclusion and exclusion criteria. 26 papers were retained. Key findings: A lack of guidance and underpinning evidence to inform how best to use arbitration or consensus to resolve discordant reads. In particular, a lack of prospective studies to determine effectiveness in real-life clinical settings. Conclusion: The insufficiency of follow-up or reporting of true interval cancers compromised the ability to conclude the effectiveness of the processes. - Highlights: • Lack of guidance to inform how best to use arbitration or consensus. • Insufficient evidence to assess the effectiveness of one strategy versus the other. • International variance in strategies to resolve discordant cases.

  15. 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...

  16. 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.

  17. Quantum blind dual-signature scheme without arbitrator

    International Nuclear Information System (INIS)

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

    2016-01-01

    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. (paper)

  18. 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.

  19. 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.

  20. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ... unsettled legal questions. To expand an arbitration system beyond the types of cases for which it is best... program potentially implicates the principles of separation of powers, sovereign immunity, and the... the United States for demanding trial de novo. (1) Under the principle of sovereign immunity, the...

  1. 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.

  2. REFLEXIONES SOBRE EL CONVENIO ARBITRAL EN EL DERECHO PERUANO

    OpenAIRE

    Matheus López, Carlos Alberto; Pontificia Universidad Católica del Perú

    2004-01-01

    El presente trabajo se inicia con la observación de la particular rele- vancia que tiene el convenio arbitral para el derecho de arbitraje, junto con la afirmación del carácter negocial de éste. Seguidamente, se analiza el tema de la libertad formal del convenio y los diversos tipos de formalización de este: por referencia, unidocumental y pluridocumental. Luego, se aborda el tema de la capacidad para la suscripción del convenio, principalmente fijada en aquélla de goce y de ejercicio, para a...

  3. Quantum messages with signatures forgeable in arbitrated quantum signature schemes

    International Nuclear Information System (INIS)

    Kim, Taewan; Choi, Jeong Woon; Jho, Nam-Su; Lee, Soojoon

    2015-01-01

    Even though a method to perfectly sign quantum messages has not been known, the arbitrated quantum signature scheme has been considered as one of the good candidates. However, its forgery problem has been an obstacle to the scheme becoming a successful method. In this paper, we consider one situation, which is slightly different from the forgery problem, that we use to check whether at least one quantum message with signature can be forged in a given scheme, although all the messages cannot be forged. If there are only a finite number of forgeable quantum messages in the scheme, then the scheme can be secured against the forgery attack by not sending forgeable quantum messages, and so our situation does not directly imply that we check whether the scheme is secure against the attack. However, if users run a given scheme without any consideration of forgeable quantum messages, then a sender might transmit such forgeable messages to a receiver and in such a case an attacker can forge the messages if the attacker knows them. Thus it is important and necessary to look into forgeable quantum messages. We show here that there always exists such a forgeable quantum message-signature pair for every known scheme with quantum encryption and rotation, and numerically show that there are no forgeable quantum message-signature pairs that exist in an arbitrated quantum signature scheme. (paper)

  4. Cryptanalysis of the arbitrated quantum signature protocols

    International Nuclear Information System (INIS)

    Gao Fei; Qin Sujuan; Guo Fenzhuo; Wen Qiaoyan

    2011-01-01

    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.

  5. 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)

  6. The Impact of Arbitration Intervention Services on Psychosocial Functioning: A Follow-Up Study

    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 on drug use and self-reported delinquency for youths involved in a clinical trial of the Juvenile Arbitration program. The project evaluated an innovative intervention service providing 16 weeks of intensive case management services to youths and their families. The present study examines interview…

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

    Science.gov (United States)

    Choi, Jinchul; Lee, Chaewoo

    2011-01-01

    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. PMID:22163743

  8. 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.

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

    OpenAIRE

    Ilias Bantekas

    2008-01-01

    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 T...

  10. Security of the arbitrated quantum signature protocols revisited

    International Nuclear Information System (INIS)

    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. (paper)

  11. 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.

  12. Arbitration Institute of Modernization in Contemporary Scene From the Perspective of New Brazilian Civil Procedure Code

    Directory of Open Access Journals (Sweden)

    Feliciano Alcides Dias

    2015-12-01

    Full Text Available The complexity of contemporary society has led to the existence of conflicts in excessive degree of legalization, resulting from a demandista culture coupled with the inefficiency and delays in the provision of state judicial services. This traditional model of conflict resolution is the result of a mistaken reading of the constitutional guarantee of access to justice that took, long, a monopolistic feature, turning the Brazilian Judiciary in a multiport system to receive any kind of demand. However, not every conflict of interest claims the provocation of state jurisdiction, worth observing the democratic dimension of access to justice established by the new Civil Procedure Code, referring to arbitration as an appropriate means of conflict resolution in private. In this context, the new legislation reforming and updates the Law of Arbitration, the expectation is modernizing its institute of court, without state intervention.

  13. Arbitrability limitation in consumer (B2C disputes? : Consumers´ protection as legal and economic phenomenon

    Directory of Open Access Journals (Sweden)

    Alexander J. Bělohlávek

    2012-10-01

    Full Text Available Protection of consumers became a phenomenon of many governmental politics. Retrieval of a balance between privat autonomy and protection of a weaker party is very sensitive. The particular degree of consumers protection through limitation of contractual autonomy (in B2C contracts as well as procedural autonomy (regarding B2C dispute resolution mechanisms, as chosen by particular governments, has both legal and economic effects, in positive and negative sense. The European Court of Human Rights adjudicated repeatedly that traditional court litigation is not capable to grant effective protection to contractual claims in many countries. Arbitration is therefore one of possible tools for B2C dispute resolution, even if many countries and obviously the EU Commission followe rather an opposite strategy (keeping down arbitrability of B2C disputes in the opposite to US trends. Arbitration is not a cure-all and definitely not a method suitable for the resolution of any and all types of disputes. It has its proponents as well as opponents. Indeed, it is hard to claim that a particular type (class of disputes is a priori fit to be resolved in arbitration, rather than litigation, or vice versa. This also applies to consumer disputes (disputes from consumer contracts. It is fairly undisputable that consumers deserve a certain degree of specific protection in cases in which they are forced to enter into a particular contract and have no other option than to accept the conditions stipulated by the other party (the professional. But we cannot principally claim that the resolution of these disputes in court would be more suitable than arbitration or any other, the so-called alternative, dispute resolution method (ADR. Despite the basically undisputed importance of and the need for special consumer protection (whether provided by special laws, typically in Europe, or on the basis of general legal principles and the application of general contract law, like in the

  14. Some New Constructions of Authentication Codes with Arbitration and Multi-Receiver from Singular Symplectic Geometry

    Directory of Open Access Journals (Sweden)

    You Gao

    2011-01-01

    Full Text Available A new construction of authentication codes with arbitration and multireceiver from singular symplectic geometry over finite fields is given. The parameters are computed. Assuming that the encoding rules are chosen according to a uniform probability distribution, the probabilities of success for different types of deception are also computed.

  15. The Gazprom-Naftogaz Stockholm Arbitration Awards. Time for Settlements and Responsible Behaviour

    International Nuclear Information System (INIS)

    Eyl-Mazzega, Marc-Antoine

    2018-01-01

    The signing in January 2009 of the gas supply and transit contracts between Gazprom and Naftogaz marked a turning point in Russian-Ukrainian gas relations: yearly intergovernmental, last minute and non-transparent winter deals were replaced by a predictable, long term commercial relationship. Naftogaz quickly turned into Gazprom's most profitable customer, taking the largest gas volumes at the Russian border and paying a higher price than German customers for example,[1] while Naftogaz obtained a satisfying gas transit tariff. At least, the January 2009 gas crisis had resulted in this key improvement for the security of Ukrainian and European gas supplies. Yet almost ever since then, the contract terms had been disputed as the Ukrainian economy could no more afford the high gas prices, the high mandatory yearly purchase volumes and as transit volumes were below contract provisions especially when the Nord Stream pipeline was commissioned. Several temporary pricing or flexibility arrangements in the form of political or patronage-type concessions had been made under President Yanukovych. But following the 2014 regime change in Ukraine and payment arrears by Naftogaz, Gazprom sought to recover unpaid debts and the new reform and business-minded Naftogaz management filed a case at the Arbitration Institute of the Stockholm Chamber of Commerce (hereafter, the Institute) as the parties did not agree on a review of the contract terms. Claims and counter claims quickly reached sky high levels, leading to the most sensitive European gas arbitration involving Gazprom. Mutual claims amounted to about USD 125 billion and had the potential to bankrupt both Gazprom and Naftogaz. At the same time, Gazprom and Naftogaz proved responsible in agreeing to winter package agreements brokered by the European Commission that enabled continued temporary Russian gas exports to Ukraine and safe transit to Europe. Following four years of procedure, the Institute has finally made two

  16. Review of the evidence on the use of arbitration or consensus within breast screening: A systematic scoping review.

    Science.gov (United States)

    Hackney, L; Szczepura, A; Moody, L; Whiteman, B

    2017-05-01

    A systematic scoping review was undertaken to establish the evidence base on arbitration and consensus in mammography reporting. Database searches were supplemented with hand searching of peer-reviewed journals, citation tracking, key author searching, grey literature and personal contact with experts. A 3-stage process was utilised to screen a large volume of literature (601) against the inclusion and exclusion criteria. 26 papers were retained. A lack of guidance and underpinning evidence to inform how best to use arbitration or consensus to resolve discordant reads. In particular, a lack of prospective studies to determine effectiveness in real-life clinical settings. The insufficiency of follow-up or reporting of true interval cancers compromised the ability to conclude the effectiveness of the processes. Copyright © 2017 The College of Radiographers. Published by Elsevier Ltd. All rights reserved.

  17. 44 CFR 206.209 - Arbitration for Public Assistance determinations related to Hurricanes Katrina and Rita (Major...

    Science.gov (United States)

    2010-10-01

    ... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Arbitration for Public Assistance determinations related to Hurricanes Katrina and Rita (Major disaster declarations DR-1603, DR... determinations related to Hurricanes Katrina and Rita (Major disaster declarations DR-1603, DR-1604, DR-1605, DR...

  18. 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.

  19. 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.

  20. Achieving equal pay for comparable worth through arbitration.

    Science.gov (United States)

    Wisniewski, S C

    1982-01-01

    Traditional "women's jobs" often pay relatively low wages because of the effects of institutionalized stereotypes concerning women and their role in the work place. One way of dealing with sex discrimination that results in job segregation is to narrow the existing wage differential between "men's jobs" and "women's jobs." Where the jobs are dissimilar on their face, this narrowing of pay differences involves implementing the concept of "equal pay for jobs of comparable worth." Some time in the future, far-reaching, perhaps even industrywide, reductions in male-female pay differentials may be achieved by pursuing legal remedies based on equal pay for comparable worth. However, as the author demonstrates, immediate, albeit more limited, relief for sex-based pay inequities found in specific work places can be obtained by implementing equal pay for jobs of comparable worth through the collective bargaining and arbitration processes.

  1. Arbitrated Quantum Signature with Hamiltonian Algorithm Based on Blind Quantum Computation

    Science.gov (United States)

    Shi, Ronghua; Ding, Wanting; Shi, Jinjing

    2018-03-01

    A novel arbitrated quantum signature (AQS) scheme is proposed motivated by the Hamiltonian algorithm (HA) and blind quantum computation (BQC). The generation and verification of signature algorithm is designed based on HA, which enables the scheme to rely less on computational complexity. It is unnecessary to recover original messages when verifying signatures since the blind quantum computation is applied, which can improve the simplicity and operability of our scheme. It is proved that the scheme can be deployed securely, and the extended AQS has some extensive applications in E-payment system, E-government, E-business, etc.

  2. Legitimate expectations as an element of the fair and equitable standard of treatment of foreign investments in arbitral practice

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2014-01-01

    Full Text Available Fair and equitable standard of treatment of foreign investments represents an integral part of all modern international agreements on protection and encouragement of foreign investments. The key element of its contents, according to arbitral practice, is an obligation of the host state to provide the investor with the treatment in accordance with basic expectations that he or she had at the time of the investment with regard to economical and legal conditions in the host state. The paper analyzes the most important awards of arbitral tribunals dealing with legitimate expectations of the investor as a part of the fair and equitable treatment standard. A considerable attention is dedicated to identifying the behavior of the host state capable of creating legitimate expectation which enjoy legal protection as well as to detecting the requirements for the development of reasonable expectations.

  3. Arbitrating Control of Control and Display Units

    Science.gov (United States)

    Sugden, Paul C.

    2007-01-01

    The ARINC 739 Switch is a computer program that arbitrates control of two multi-function control and display units (MCDUs) between (1) a commercial flight-management computer (FMC) and (2) NASA software used in research on transport aircraft. (MCDUs are the primary interfaces between pilots and FMCs on many commercial aircraft.) This program was recently redesigned into a software library that can be embedded in research application programs. As part of the redesign, this software was combined with software for creating custom pages of information to be displayed on a CDU. This software commands independent switching of the left (pilot s) and right (copilot s) MCDUs. For example, a custom CDU page can control the left CDU while the FMC controls the right CDU. The software uses menu keys to switch control of the CDU between the FMC or a custom CDU page. The software provides an interface that enables custom CDU pages to insert keystrokes into the FMC s CDU input interface. This feature allows the custom CDU pages to manipulate the FMC as if it were a pilot.

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

    International Nuclear Information System (INIS)

    Waldmann, Annika; Katalinic, Alexander; Kapsimalakou, Smaragda; Grande-Nagel, Isabell; Barkhausen, Joerg; Vogt, Florian M.; Stoeckelhuber, Beate M.; Fischer, Dorothea

    2012-01-01

    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.)

  5. 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.

  6. Security analysis and improvements of arbitrated quantum signature schemes

    International Nuclear Information System (INIS)

    Zou Xiangfu; Qiu Daowen

    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 (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.

  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. Method of Anti-Virus Protection Based on (n, t Threshold Proxy Signature with an Arbitrator

    Directory of Open Access Journals (Sweden)

    E. A. Tolyupa

    2014-01-01

    Full Text Available The article suggests the method of anti-virus protection of mobile devices based on the usage of proxy digital signatures and an (n;t-threshold proxy signature scheme with an arbitrator. The unique feature of the suggested method is in the absence of necessity to install anti-virus software in a mobile device. It will be enough only to have the software verifying digital signatures and the Internet. The method is used on the base of public keys infrastructure /PKI/, thus minimizing implementation expenses.

  9. 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

  10. 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.

  11. 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)

  12. Entre a Arbitragem Brasileira e a Arbitragem Europeia: Um estudo acerca da Agência Nacional de Telecomunicações (ANATEL e a Office of Comunications (OFCOM / Between the Brazilian and European Arbitration: A study of the National Telecommunications Agency (ANATEL and the Office of Communications (OFCOM

    Directory of Open Access Journals (Sweden)

    José Albenes Bezerra Júnior

    2017-04-01

    Full Text Available Purpose: The demand for arbitration as a dispute resolution is important due to the large volume of cases to be adjudicated at the Judiciary system and its lack of technical expertise to do so. The topic of alternative dispute resolution is clouded with debates of how far should it go before interfering in the core functions of the Judiciary. Thus, this paper seeks to support the use of arbitration in the Brazilian telecommunications sector, inspired by the experience of OFCOM. Methodology/Approach/Design: The paper starts with a historical analysis on the institute of the arbitrage followed by its connection with the regulatory phenomenon in Brazil and Europe. The study format follows a comparative approach by identifying the main characteristics of arbitration in both Brazilian and European telecommunications models. Results: One of the duties of the regulatory agencies is precisely the solution of conflicts between players in the sector at the administrative level. When analyzing the forms of dispute resolution in the European Union, a peculiar behavior can be highlighted. In major disputes that occur on the continent, it is more common to use arbitration than the judiciary. In fact, arbitration can be used by ANATEL as an important tool to ensure a broad, free and fair competition between providers of telecommunications services, as it dodges the slowness of the judiciary and the possibility of sham litigations, enabling the rapid adoption of a decision that often affects the rights of a great number of users of telecommunications services. The high prestige enjoyed by these methods of dispute resolution pays homage to their characteristic of being a neutral forum positioned far from a regulatory agency of a specific country and close to referees chosen by common agreement, or even connected to international institutions that provide the arbitration services in commercial disputes.

  13. 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.

  14. 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.

  15. 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).

  16. 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.)

  17. Evidence of co-production in public service provision: the case of the administrative arbitration centre in Portugal

    Directory of Open Access Journals (Sweden)

    Hugo Consciência Silvestre

    Full Text Available Abstract Co-production includes all actions where citizens assist, as volunteers, in the provision of services by public agencies in order to increase the efficiency and efficacy of the public services provided. This practice, known as co-production, is being adopted by governments in the resolution of conflicts, particularly those regarding administrative and fiscal matters. However, is co-production a more efficient and effective way of settling disputes in administrative and tax areas than the traditional administrative model? And why? In Portugal, the Administrative Arbitration Centre was created in 2009 with the aim of resolving disputes between public administration and taxpayers/service users by means of co-production. The available data support the thesis that efficiency and efficacy are higher under the co-production model. Nevertheless, users are not totally satisfied since the costs associated with the use of this service provision model are also higher.

  18. 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

    International Nuclear Information System (INIS)

    Skaane, Per; Bandos, Andriy I.; Gullien, Randi; Eben, Ellen B.; Haakenaasen, Unni; Izadi, Mina; Jebsen, Ingvild N.; Jahr, Gunnar; Krager, Mona; Ekseth, Ulrika; Hofvind, Solveig

    2013-01-01

    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.)

  19. 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.

  20. Arbitrating a fiction: Canadian federalism and the Nova Scotia/Newfoundland and Labrador boundary dispute

    Energy Technology Data Exchange (ETDEWEB)

    Baier, G. [University of British Columbia, Dept. of Political Science, Vancouver, BC(Canada); Groarke, P.

    2003-09-30

    The dispute between the provinces of Nova Scotia and Newfoundland and Labrador, regarding ownership of natural resources to be found in the offshore area lying between the two provinces is discussed. Constitutionally, ownership of offshore natural resources belongs to the federal government. In this instance, the intention was to share control over development and revenues with the provinces through joint management accords, however, a dispute over offshore boundary arose, which eventually resulted in an arbitration tribunal. This paper analyzes the terms of reference for the tribunal and its findings, and concludes that the tribunal process was flawed. The authors cast doubts on the appropriateness of the tribunal's role, the method by which it reached its decision, and the legality of its findings. They conclude that the tribunal merely cloaks a political decision in legal garb since there are no genuine boundaries between the provinces, and the tribunal process simply apportioned federal resources between two provinces. The authors ultimately conclude that by resorting to the tribunal process the federal minister of natural resources was able to avoid political responsibility for making an unpopular decision by relying on a pseudo-judicial body for technical recommendations, and in so doing undermined the legitimacy of the Canadian federal system by obscuring the already murky lines of accountability of the federal and provincial governments. 57 end notes.

  1. Padrão de difração de um conjunto de n fendas não simétricas e de larguras arbitrárias

    OpenAIRE

    Reis, Daniel M.; Santos, Edson M.; Andrade-Neto, A.V.

    2015-01-01

    Neste trabalho investigamos o padrão de difração no regime de Fresnel (campo próximo) e de Fraunhofer (campo distante) para um conjunto de nfendas não simétricas e de larguras diferentes. Partindo da fórmula de difração de Fresnel-Kirchhoff conseguimos obter uma expressão para a intensidade da onda difratada por um conjunto de n fendas de tamanhos arbitrários onde é possível observar a transição do regime de Fresnel para o regime de Fraunhofer. In this work we investigated the diffraction ...

  2. 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.

  3. 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.

  4. 37 CFR 251.35 - Outside employment and other activities.

    Science.gov (United States)

    2010-07-01

    ... the arbitrator's knowledge and acquiescence to the arbitrator's parent, sibling, spouse, child, or dependent relative because of that person's relationship to the arbitrator, or (2) Given to any other person...

  5. 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.

  6. KEWENANGAN PENGADILAN DALAM PENYELESAIAN SENGKETA KEPEMILIKAN PT. TELEVISI PENDIDIKAN INDONESIA (PT. TPI YANG MEMUAT KLAUSUL ARBITRASE (Studi Kasus Putusan Nomor 238 PK/Pdt/2014

    Directory of Open Access Journals (Sweden)

    Citra Bakti Pangaribuan

    2017-04-01

    Full Text Available The existence ofthe arbitration clause in an agreement to hold the rights of the parties to submit the settlement of disputes to the Court. District Court was not authorized to adjudicate disputes which the parties have been bound in the arbitration agreement. District Courtmust reject and will not intervene in the dispute resolution in case established through arbitration. Similarly,`regarding a dispute that has been set by arbitration. Likewise ,a dispute concerning the ownership of PT. Televisi Pendidikan Indonesia where in the investment treaty arbitration agreement contained arbitration clause. This research study of its kind to examine the application of normative juridical and this research is descriptive analytical. Over ownership of PT. Televisi Pendidikan Indonesia (TPI is in the field of traded is putes that there klausula arbitration. The parties in writing to the treaty have included the arbitrationas a dispute resolution forum for that in this case the attitude of the court that received the settlement of disputes ownership of PT. Televisi Pendidikan Indonesia (PT. TPI has violated the provisions of Law No.30 of 1999 on arbitration and alternative dispute resolut

  7. 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...

  8. Negotiating dispute settlement in the international petroleum industry: the international chamber of commerce

    International Nuclear Information System (INIS)

    Bond, S.R.

    1994-01-01

    In general, arbitration continues to be more rapid and less expensive than litigation and has other advantages in international dispute resolution. Elements which should be considered in drafting and negotiating an arbitration clause are discussed. A pragmatic basis for this is supplied by an analysis of arbitration clauses in the 237 cases submitted to the International Chamber of Commerce Court of Arbitration in 1987 and the 215 submitted in 1989. (UK)

  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. Entre a Arbitragem Brasileira e a Arbitragem Europeia: Um estudo acerca da Agência Nacional de Telecomunicações (ANATEL e a Office of Comunications (OFCOM / Between the Brazilian and European Arbitration: A study of the National Telecommunications Agency (ANATEL and the Office of Communications (OFCOM

    Directory of Open Access Journals (Sweden)

    José Albenes Bezerra Júnior

    2017-04-01

    praticamente todos os usuários dos serviços de telecomunicações. Confere-se, assim, um grande prestígio a esses métodos de resolução de disputas, na medida em que eles propiciam uma neutralidade de foro. Não se confere a decisão ao Poder Judiciário ou ao órgão regulador de um país específico, mas escolhem-se árbitros a partir do comum acordo das partes ou, ainda, apontam-se instituições de âmbito internacional que prestam o serviço de arbitragem em disputas comerciais. Abstract Purpose: The demand for arbitration as a dispute resolution is important due to the large volume of cases to be adjudicated at the Judiciary system and its lack of technical expertise to do so. The topic of alternative dispute resolution is clouded with debates of how far should it go before interfering in the core functions of the Judiciary. Thus, this paper seeks to support the use of arbitration in the Brazilian telecommunications sector, inspired by the experience of OFCOM. Methodology/Approach/Design: The paper starts with a historical analysis on the institute of the arbitrage followed by its connection with the regulatory phenomenon in Brazil and Europe. The study format follows a comparative approach by identifying the main characteristics of arbitration in both Brazilian and European telecommunications models. Results: One of the duties of the regulatory agencies is precisely the solution of conflicts between players in the sector at the administrative level. When analyzing the forms of dispute resolution in the European Union, a peculiar behavior can be highlighted. In major disputes that occur on the continent, it is more common to use arbitration than the judiciary. In fact, arbitration can be used by ANATEL as an important tool to ensure a broad, free and fair competition between providers of telecommunications services, as it dodges the slowness of the judiciary and the possibility of sham litigations, enabling the rapid adoption of a decision that often affects the

  11. 37 CFR 251.40 - Scope.

    Science.gov (United States)

    2010-07-01

    ... of royalty fees. This subpart does not apply to other arbitration proceedings specified by 17 U.S.C... 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...

  12. Harmful effect of arbitration dispute settlement EU intra bits to the legal order of the European Union

    Directory of Open Access Journals (Sweden)

    Vukadinović Radovan D.

    2017-01-01

    Full Text Available The issue of interpreting and applying intra BITs, especially in cases where their solutions conflict with EU law or international law, are a reflection of the still unresolved relationship between EU law and international law. Despite the exceptional theoretical significance, the issue of hierarchy is, first and foremost, a political issue. The answer to it defines the legal nature of the EU and the direction of its further development: as a sui generis federal community or a regional community of a confederal type. In the legal theory, the opinion on sui generis and the autonomous legal order of the EU is prevalent. This was also confirmed by the Court of Justice in a series of cases. However, the analyzed decisions of investment arbitrations engaged on the basis of the ISDS mechanism call into question such a position. Arbiters believe that the rights and obligations of the BIT should be interpreted in accordance with the rules of international law and that, in the event of a conflict with EU law, priority should be given to the rules of international public law. For this reason, the European Commission and the Court of Justice only see the existence of ISDS clauses in the BITs as a threat to the preservation of the unity and autonomy of the EU legal order, because their activation is jeopardized by the 'interpretative monopoly' of the Court of Justice entrusted with the decision of previous issues to ensure unity of rights EU. The fact that the question of the effect of the ISDS mechanism is not only of theoretical importance is testified by the fact that the EU negotiations on a new generation of trade and investment agreements are examining proposals to establish a more democratic and transparent multilateral international judicial mechanism in place of the existing mechanism.

  13. Cell adhesion molecules expression pattern indicates that somatic cells arbitrate gonadal sex of differentiating bipotential fetal mouse gonad.

    Science.gov (United States)

    Piprek, Rafal P; Kolasa, Michal; Podkowa, Dagmara; Kloc, Malgorzata; Kubiak, Jacek Z

    2017-10-01

    Unlike other organ anlagens, the primordial gonad is sexually bipotential in all animals. In mouse, the bipotential gonad differentiates into testis or ovary depending on the genetic sex (XY or XX) of the fetus. During gonad development cells segregate, depending on genetic sex, into distinct compartments: testis cords and interstitium form in XY gonad, and germ cell cysts and stroma in XX gonad. However, our knowledge of mechanisms governing gonadal sex differentiation remains very vague. Because it is known that adhesion molecules (CAMs) play a key role in organogenesis, we suspected that diversified expression of CAMs should also play a crucial role in gonad development. Using microarray analysis we identified 129 CAMs and factors regulating cell adhesion during sexual differentiation of mouse gonad. To identify genes expressed differentially in three cell lines in XY and XX gonads: i) supporting (Sertoli or follicular cells), ii) interstitial or stromal cells, and iii) germ cells, we used transgenic mice expressing EGFP reporter gene and FACS cell sorting. Although a large number of CAMs expressed ubiquitously, expression of certain genes was cell line- and genetic sex-specific. The sets of CAMs differentially expressed in supporting versus interstitial/stromal cells may be responsible for segregation of these two cell lines during gonadal development. There was also a significant difference in CAMs expression pattern between XY supporting (Sertoli) and XX supporting (follicular) cells but not between XY and XX germ cells. This indicates that differential CAMs expression pattern in the somatic cells but not in the germ line arbitrates structural organization of gonadal anlagen into testis or ovary. Copyright © 2017 Elsevier B.V. All rights reserved.

  14. 37 CFR 251.41 - Formal hearings.

    Science.gov (United States)

    2010-07-01

    ... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.41 Formal hearings. (a) The formal hearings that will be conducted under the rules of this subpart are rate adjustment hearings and royalty fee...

  15. 37 CFR 251.44 - Filing and service of written cases and pleadings.

    Science.gov (United States)

    2010-07-01

    ... OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.44 Filing and service of written cases and pleadings. (a) Filing of pleadings. In a royalty fee distribution proceeding or...

  16. 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?

  17. 37 CFR 251.58 - Judicial review.

    Science.gov (United States)

    2010-07-01

    ... determination on appeal, from depositing statements of account and royalty fees by those sections. [59 FR 23981... ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.58 Judicial review. (a) Any order of determination...

  18. 10 CFR 904.13 - Disputes.

    Science.gov (United States)

    2010-01-01

    ... disputing Contractor's remedy lies with the appropriate Federal court. Any claim that a final decision of... Federal court of competent jurisdiction within one (1) year after final refusal by the Administrator to... Commercial Arbitration Rules of the American Arbitration Association. The two arbitrators thus selected shall...

  19. 43 CFR 431.8 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... decision becoming final, the disputing Contractor's remedy lies with the appropriate Federal court. Any... such claim is filed in a Federal court of competent jurisdiction within one year after final refusal by... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration...

  20. 47 CFR 76.804 - Disposition of home run wiring.

    Science.gov (United States)

    2010-10-01

    ... purposes of abandonment, passive devices, including splitters, shall be considered part of the home run... matter to binding arbitration and the MDU owner (or the alternative provider) refuses to participate, the... established by the arbitrator. If the incumbent elects to submit the matter to binding arbitration and the MDU...

  1. Locomotor activity of professional football referees

    Directory of Open Access Journals (Sweden)

    Y.V. Manilo

    2014-12-01

    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.

  2. 29 CFR 4221.10 - Costs.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Costs. 4221.10 Section 4221.10 Labor Regulations Relating... PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.10 Costs. The costs of arbitration under... the costs of its own witnesses. (b) Other costs of arbitration. Except as provided in § 4221.6(d) with...

  3. Quantum signature scheme for known quantum messages

    International Nuclear Information System (INIS)

    Kim, Taewan; Lee, Hyang-Sook

    2015-01-01

    When we want to sign a quantum message that we create, we can use arbitrated quantum signature schemes which are possible to sign for not only known quantum messages but also unknown quantum messages. However, since the arbitrated quantum signature schemes need the help of a trusted arbitrator in each verification of the signature, it is known that the schemes are not convenient in practical use. If we consider only known quantum messages such as the above situation, there can exist a quantum signature scheme with more efficient structure. In this paper, we present a new quantum signature scheme for known quantum messages without the help of an arbitrator. Differing from arbitrated quantum signature schemes based on the quantum one-time pad with the symmetric key, since our scheme is based on quantum public-key cryptosystems, the validity of the signature can be verified by a receiver without the help of an arbitrator. Moreover, we show that our scheme provides the functions of quantum message integrity, user authentication and non-repudiation of the origin as in digital signature schemes. (paper)

  4. 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

  5. Analisis Yuridis Pembatalan Putusan Bapmi oleh Putusan Pengadilan (Studi Perkara Nomor 513/pdt.g-arb/2012/pn.jkt.pst)

    OpenAIRE

    Hasanah, Ulfia; Bachtiar, Maryati; Petresia, Yohanna

    2015-01-01

    Settlement of business disputes be an option for the parties to the dispute are usually used method of dispute resolution through alternative dispute resolution. Choice of dispute resolution in the capital market conducted litigation in general through the arbitration institution Indonesian Capital Market Arbitration Board (BAPMI). BAPMI arbitration decision issued BAPMI-004 / ARB-03 / VIII / 2011 on the application submitted by PT Bank Permata. BAPMI verdict obliging PT Nikko Securities to r...

  6. AKIBAT PEMILIHAN FORUM DALAM KONTRAK YANG MEMUAT KLAUSA ARBITRASE

    Directory of Open Access Journals (Sweden)

    Bambang Sutiyoso

    2012-07-01

    Full Text Available Our research attempts to understand the absolute competence of arbitration and its development in practice as well as the effect of the parties' choice of jurisdiction in a contract containing arbitration clause. This research is expected to be able to explain the competence dispute between arbitration and court to justiciables. We find that choice in jurisdiction would negate the rights of the parties to submit their dispute to district court. In practice, deviation where courts may ignore the arbitration clause, the parties' good faith and consistency of the court play a significant role to further develop the arbitration process. Penelitian yuridis-normatif ini dilakukan untuk mengetahui kompetensi absolut arbitrase dan perkembangannya dalam praktik, serta akibat hukum pilihan forum dalam kontrak berklausula arbitrase bagi para pihak yang berpekara. Penelitian ini diharapkan dapat menerangkan para pencari keadilan perihal sengketa kewenangan mengadili antara arbitrase dan pengadilan. Hasil penelitian menunjukkan bahwa pilihan forum akan meniadakan hak para pihak dan sikap pengadilan yang konsisten memiliki peranan besar untuk mengembangkan arbitrase.

  7. 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

  8. [NY Convention, Ethiopia's Course of Action Ahead], Amharic

    African Journals Online (AJOL)

    Fekadu_P_G

    Foreign Arbitral Awards: Advantages, Disadvantages and ... The Convention on the Recognition and Enforcement of Foreign Arbitral. Awards ..... also, on the application of the party claiming enforcement of the award, order the other party to.

  9. High-precision shape representation using a neuromorphic vision sensor with synchronous address-event communication interface

    Science.gov (United States)

    Belbachir, A. N.; Hofstätter, M.; Litzenberger, M.; Schön, P.

    2009-10-01

    A synchronous communication interface for neuromorphic temporal contrast vision sensors is described and evaluated in this paper. This interface has been designed for ultra high-speed synchronous arbitration of a temporal contrast image sensors pixels' data. Enabling high-precision timestamping, this system demonstrates its uniqueness for handling peak data rates and preserving the main advantage of the neuromorphic electronic systems, that is high and accurate temporal resolution. Based on a synchronous arbitration concept, the timestamping has a resolution of 100 ns. Both synchronous and (state-of-the-art) asynchronous arbiters have been implemented in a neuromorphic dual-line vision sensor chip in a standard 0.35 µm CMOS process. The performance analysis of both arbiters and the advantages of the synchronous arbitration over asynchronous arbitration in capturing high-speed objects are discussed in detail.

  10. High-precision shape representation using a neuromorphic vision sensor with synchronous address-event communication interface

    International Nuclear Information System (INIS)

    Belbachir, A N; Hofstätter, M; Litzenberger, M; Schön, P

    2009-01-01

    A synchronous communication interface for neuromorphic temporal contrast vision sensors is described and evaluated in this paper. This interface has been designed for ultra high-speed synchronous arbitration of a temporal contrast image sensors pixels' data. Enabling high-precision timestamping, this system demonstrates its uniqueness for handling peak data rates and preserving the main advantage of the neuromorphic electronic systems, that is high and accurate temporal resolution. Based on a synchronous arbitration concept, the timestamping has a resolution of 100 ns. Both synchronous and (state-of-the-art) asynchronous arbiters have been implemented in a neuromorphic dual-line vision sensor chip in a standard 0.35 µm CMOS process. The performance analysis of both arbiters and the advantages of the synchronous arbitration over asynchronous arbitration in capturing high-speed objects are discussed in detail

  11. 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

  12. 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...

  13. 37 CFR 251.70 - Scope.

    Science.gov (United States)

    2010-07-01

    ... 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... provisions of subpart E generally regulating the conduct of proceedings shall apply to royalty fee...

  14. 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.

  15. 解释冲突的公断(Ⅰ)——论利科对当代诠释学的贡献%Arbitrations on Conflict of Interpretations (Part I ) : on Ricoeur' s Contributions to Contemporary Hermeneutics

    Institute of Scientific and Technical Information of China (English)

    姚满林

    2012-01-01

    在当代诠释学领域中,各种诠释学理论相互冲突,方法论与存在论之间的冲突就是其中之一。利科立足西方哲学传统,通过现象学、语义学与反思环节,对诠释学方法论与存在论之间的关系做出了公断,解答了解释的冲突。%In the field of the contemporary hermeneutics, there are various conflicts of hermeneutic theories, one of which is the conflict between methodology and existentialism. Based on the western philosophical tradition, Ricoeur arbitrates the relations between methodology and existentialism through the phases of phenomenology, se- mantics and reflection, and solves the hermeneutic conflict.

  16. 37 CFR 251.73 - Deduction of costs of distribution proceedings.

    Science.gov (United States)

    2010-07-01

    ... OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Royalty Fee Distribution Proceedings § 251.73 Deduction of costs of... distributions of royalty fees are made, deduct the reasonable costs incurred by the Library of Congress and the...

  17. PUBLIC POLICY VIOLATION UNDER NEW YORK CONVENTION

    Directory of Open Access Journals (Sweden)

    Michelle Ayu Chinta Kristy

    2013-04-01

    Full Text Available The increasing number of the use of arbitration in Asia has highlighted the significant influence of the recognition and enforcement of arbitral awards. The New York Convention currently becomes the most widely accepted convention to which the courts would refer when recognizing and enforcing foreign arbitral awards. This article would firstly provide a comparative study of the court’s interpretation towards public policy as mentioned under Article V (2 b of the New York Convention between non-arbitration-friendly-law Indonesia and arbitration-friendly-law China. Subsequently, it will discuss whether uniformity in interpreting and reserving public policy is required or not. Peningkatan jumlah penggunaan lembaga arbitrasi di Asia mendorong peningkatan signifikansi pengakuan dan pelaksanaan putusan arbitrasi asing. Konvensi New York saat ini menjadi konvensi yang diterima secara luas dimana dijadikan referensi oleh pengadilan dalam hal pengakuan dan pelaksanaan putusan arbitrasi asing. Artikel ini akan pertama-tama membahas studi perbandingan atas interpretasi pengadilan mengenai penggunaan kebijakan publik sebagaimana tertera pada Pasal V (2 b Konvensi New York antara Indonesia yang hukumnya tidak mendukung dan China dengan hukum yang mendukung pengakuan dan pelaksanaan putusan arbitrasi asing. Apakah keseragaman antar negara dalam menginterpretasi dan menggunakan kebijakan publik diperlukan atau tidak dibahas pada diskusi selanjutnya.

  18. 37 CFR 251.45 - Discovery and prehearing motions.

    Science.gov (United States)

    2010-07-01

    ...) Request for comment, notice of intention to participate. In the case of a royalty fee distribution..., filing of written cases, scheduling. (1)(i) In the case of a royalty fee distribution proceeding, the... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF...

  19. 40 CFR 791.29 - Appointment of hearing officer.

    Science.gov (United States)

    2010-07-01

    ... Arbitration Association shall submit simultaneously to each party to the dispute an identical list of names... Arbitration Association any circumstances likely to affect impartiality, including any bias or any financial... parties or their counsel. Upon receipt of such information from such hearing officer or other source, the...

  20. The need to establish a workable, modern and institutionalized ...

    African Journals Online (AJOL)

    As a result, Ethiopia is not gifted with workable, modernized and institutionalized commercial arbitration. It stands to the rear of commercial arbitration which is underpinned in diverse legal systems, used widely by many participants and acknowledged as relevant dispute resolution, particularly on commercial matters in ...

  1. Studies of anthropometric and functional parameters of the referees of different skills in football

    Directory of Open Access Journals (Sweden)

    A.B. Abdula

    2013-05-01

    Full Text Available The problems of functional training of arbitrators of different skills are considered. The study involved 12 referees for the highest, first and second league championship and the championship of Ukraine on football. The level of Simply-weights is studied. It was used the methodology of S.A. Dushanin. Revealed the results of anatomical and physiological condition of the body: heart rate, body temperature and body weight reduction referees during a soccer match. Found that the anthropometric characteristics and the length of body weight statistically significant differences between the arbitrators are not. It is noted that the weight of the arbitrators is markedly reduced during the game. The average weight loss during a major league game the referee is 2.67 kg in the first league of referees’ weight decreased by 1.83 kg in the second league referees - is reduced by 1.92 kg. It is established that the level of functional training arbitrators league above the results of their younger colleagues.

  2. 37 CFR 251.43 - Written cases.

    Science.gov (United States)

    2010-07-01

    ... and redirect) must be referenced. (d) In the case of a royalty fee distribution proceeding, each party... ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.43 Written cases. (a) All parties who have filed a notice of...

  3. Mizan 3.1 (b) Text, corrected

    African Journals Online (AJOL)

    eliasn

    the principle of confidentiality in international commercial arbitration cou- pled with their sensitivity to the ...... Ethiopian courts have been addressing the question from diverse perspec- tives. ... 5.2- Ethio Marketing Ltd. v Ministry of Information 51 .... questions: Is an arbitration clause inserted in a public works contract valid? If.

  4. المُحْكَمُ وَالمُتَشَابَه بَيْنَ الثَّابِتِ وَالمُتَغَيِّر دِرَاسَةٌ تَحْلِيْليّةٌ

    Directory of Open Access Journals (Sweden)

    حكمت عبيد حسين الخَفَاجيّ

    2017-03-01

    Full Text Available The Study (of like-arbitrator and one of the most important cognitive Investigation System Science Koran, which pervaded the blogs jurisprudence and explanatory and others, scientists research and survey; Its importance venerable in helping the interpreter to get to the finish, which is detected Murad God taking gently look under (the limits of human machine, and keep track of search scholarly opinion (of the commentators and the flags of Quranic Sciences since the time of the Companions until the present time , And found that they agreed on the inclusion of the Koran to the arbitrator and the like-but they differed very different in the case of developing specific idiomatic significance of these characterizations Quranists, specifically the meaning of the arbitrator and the like-in the seventh verse of Surah Al-Imran, neither the terminology consistent with this subject, but what Zafar its search of some modern interpreters Imami phrases; it came their terms appropriate to the context of the verse in question search fixed It seems that the reason for this disagreement between the result of Khalthm Study (interpretation on the one hand, and Study (arbitrator and of Like on the other hand, and a commitment not to occurrence of such a dispute should be like-interpretation of the circle come out ,And placed in summed up the Koran its return to the arbitrator, which is the origin of the book, and mother of the book, rises this similarity, which it rises arbitrator's interpretation of him, and so rift is narrowing between the media of this recital, and this approach is drawn Ahlulbait phrases (them peace, shall be fixed accordingly

  5. Arbitrations on Conflict of Interpretations (Part II) : A Debate over Progressive Interpretation and Regressive Interpretation%解释冲突的公断(Ⅱ)——前进的解释与回溯的解释之辩

    Institute of Scientific and Technical Information of China (English)

    姚满林; 吴琼

    2012-01-01

    在当代诠释学领域中,各种诠释学理论相互冲突,前进的解释与回溯的解释之间的冲突就是其中之一。利科以其独特的视角对黑格尔与弗洛伊德所主张的不同解释方式进行了深入分析,并对前进的解释与回溯的解释之间的关系做出了公断,解答了解释的冲突。%In the field of the contemporary Hermeneutics, there are various conflicts of hermeneutic theories, one of which is the conflict between progressive interpretation and regressive interpretation. In an exclusive perspec- tive, Ricoeur analyzes the interpretative types proposed by Hegel and Freud, and arbitrates the relations between progressive interpretation and regressive interpretation, thus solving the hermeneutic conflict.

  6. 77 FR 18899 - To Modify Duty-Free Treatment Under the Generalized System of Preferences and For Other Purposes

    Science.gov (United States)

    2012-03-29

    ... Generalized System of Preferences (GSP) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or... faith in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or...

  7. 37 CFR 251.34 - Gifts and other things of monetary value.

    Science.gov (United States)

    2010-07-01

    ... under circumstances in which it is clear that the gift is motivated by a family relationship or personal... acquiescence to the arbitrator's parent, sibling, spouse, child, or dependent relative because of that person's relationship to the arbitrator, or (2) Given to any other person, including any charitable organization, on the...

  8. 77 FR 22374 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2012-04-13

    ...), or the Equal Pay Act of 1963 (EPA) from being arbitrated under the Industry Code. Specifically, the...'' or ``Commission''), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Exchange Act'') \\1\\ and Rule 19b-4 thereunder,\\2\\ a proposal to amend Rule 13204 of the Code of Arbitration...

  9. 7 CFR 900.115 - Hearing.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Hearing. 900.115 Section 900.115 Agriculture... Hearing. (a) The arbitrator shall have full discretion to conduct the hearing in such manner as will, in..., and other experts. (h) When more than two arbitrators are designated to hear a dispute, and they...

  10. Collective Bargaining Agreements, Labor Relations, Division of Personnel

    Science.gov (United States)

    Government Unit July 1, 2016 - June 30, 2019 Alaska Vocational Technical Center Teacher's Unit July 1, 2017 Officers Unit July 1, 2006 - June 30, 2009 July 1, 2009- June 30, 2012, as a result of interest arbitration One as a result of interest arbitration award, then extended to Class Three July 1, 2010 - June 30

  11. 29 CFR 25.7 - Fees; cost; expenses; decisions.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Fees; cost; expenses; decisions. 25.7 Section 25.7 Labor... ORDER 10988 § 25.7 Fees; cost; expenses; decisions. (a) Arbitrator's fees, per diem and travel expenses... entirely by the agency. (b) The standard fee for the services of an arbitrator should be $100 per day...

  12. Challenges of Pluralistic Societies with Dissimilar Cultural Identities and Religious Legal Traditions: ADR and the Role of Religious Mediation and Arbitration

    Directory of Open Access Journals (Sweden)

    Gloria M. Morán García

    2017-10-01

    Abstract: Most of juridical systems are historically developed from the interaction of two main legal principles: the principle of personality and the principle of territoriality. Roman Law is one of the best examples of it; its legacy channeled the growth and coexistence of religious and secular jurisdictions in the Germanic kingdoms of Western Europe. Under the principle of personality of laws, bonding individuals to their cultural or religious communities, legal pluralism was the common grounds from the Antiquity to the pre-Modern era. However, as a result of the religious wars in the Holy Roman Empire between Catholics and Protestants in the 16th and the 17th centuries, the Westphalian state model reinforced a territorial religious jurisdiction under the principle cuius regio eius religio, allowing the ruler to impose his religion on his subjects. The Muslim legal tradition developed, as well, plural juridical systems from the Dhimma System. One of them was the Ottoman Millet system that was adapted from the colonial era to the most of Middle East nation-states as a bonding personal religious law applied to non-Muslim communities. The secular paradigm of the Rule of Law, centralizing and reinforcing state and federal legislative powers, is implemented in Europe and her former colonies in the 19th century under the nation-state constitutional model, expanding worldwide the principles of territoriality and citizenship. As a result, religious legal systems are progressively confined to the private sphere. However, the secular paradigm is confronted gradually by a new development of legal pluralism, mainly as an effect of an extensive increment of global migrations; Halakha or Jewish Law, Canon Law or Catholic Law, Sharia or Islamic Law, are gaining strength as formal or informal religious ADR under the principle of Religious Freedom. Religious legal systems are becoming an innovative tool of mediation, conciliation, and arbitration accepted by some secular

  13. EFFICACITE DES SENTENCES ARBITRALES ETRANGERES EN REPUBLIQUE DE MOLDOVA, DANS LE CONTEXTE DE LA CONVENTION DE NEW YORK DE 1958

    Directory of Open Access Journals (Sweden)

    Diana Lazăr

    2015-11-01

    Full Text Available Following its National Strategy of Justice Reform 2011-2016, the Republic of Moldova has aimed to improve its national laws and practices regarding the effects of foreign arbitral awards. Lately, the code of civil procedure has been amended and the Supreme Court of Justice adopted a decision for a more uniform jurisprudence on the recognition and enforcement of foreign arbitral awards. Being part to the New York Convention of 1958 on the recognition and enforcement of foreign arbitral awards, the Republic of Moldova needs to bring its national law and judicial practice in line with the standards of the international treaty. Also, a favorable legal environment for the international efficiency of the foreign ar bitral awards would respond to the Moldova’s goals to integrate into the international and European trade, which became topical considering the signature of the Association Agreement with the EU and the economic embargos announced by the Russian Federation. This articles aims to assess the conformity of the national law of Repu blic of Moldova with the New York Convention of 158 and to identify the main rules for the recognition and enforcement of foreign arbitral awards within Moldova’s territory.

  14. The 'Eco Swiss’ Doctrine Con-firmed in Principle in Danish Law

    DEFF Research Database (Denmark)

    Bergqvist, Christian; Christensen, Laurits Peder Schmidt

    2016-01-01

    In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside but confirmed in principle the ability to require this.......In a January 2016 ruling the Danish Supreme Court rejected the argument that a 2011 arbitration award infringed competition law and therefore should be set aside but confirmed in principle the ability to require this....

  15. Dismissal Disputes and the Incentives to Bargain: Estimates of the Contract Zone

    OpenAIRE

    Benoit P. Freyens

    2011-01-01

    In many countries the arbitration of dismissal disputes by public tribunals and state agencies is regarded as slow and expensive. Some common law countries, including the United States and Australia, are privatizing dispute resolution on the premise that this is more efficient than using statutory channels, and it is thus perceived as a better method of settling disputes. Previous advances in statutory law regarding the arbitration of dismissal disputes have been either rescinded or circumven...

  16. USSR Report, International Affairs

    Science.gov (United States)

    1986-09-25

    oldest of these is the Foreign Trade Arbitration Commission (FTAC) at the USSR Chamber of Commerce and Industry in Moscow, which was set up in 1932...commercial arbi- tration.2 The above-said disputes are subject to examination in the arbitration court set up at the chamber of commerce of the...at the chamber of commerce of a third country, signatory to the Convention, as well as (depending on the nature of the dispute) to the specialized

  17. Zajištění a vymáhání pohledávek z obchodně-právních vztahů

    OpenAIRE

    Geržová, Pavla

    2012-01-01

    The thesis deals with the debt security and recovery from business relations. The main purpose was to explain the issue of debts, to compare classic judicial proceedings with arbitration and to analyse particular legal cases of the company XY in terms of security and recovery. The result is the evaluation of company's legal steps and efficiency of used security instruments, the summary of advantages and disadvantages of the arbitration and the overview of the most frequent practical problems ...

  18. Pembatalan Putusan Arbitrase Nasional Oleh Pengadilan Negeri

    Directory of Open Access Journals (Sweden)

    Muhammad Andriansyah

    2015-05-01

    Full Text Available Abstract: The National Arbitration Award Cancellation By Court. Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, stating that the award can only be canceled if it is thought to contain elements of letter/false documents, or documents found hidden by the other party, or a decision that is taken from the results of deceit trick performed by one of the parties in the dispute. To prove whether or not one of the above three elements must be proved by a court decision. If the District Court stated that the reasons are evident, then the arbitration award may be canceled, if not proven, the Court should reject the application for cancellation of the arbitration decision. But in practice, there is still the District Court received the request for cancellation of arbitration outside the context of Article 70 of Law No. 30 of 1999 as stated in the South Jakarta District Court. Abstrak: Pembatalan Putusan Arbitrase Nasional Oleh Pengadilan Negeri. Pasal 70 Undang-Undang Nomor 30 Tahun 1999 Tentang Arbitrase dan Alternatif Penyelesaian Sengketa, menyatakan bahwa putusan arbitrase hanya dapat dibatalkan jika diduga mengandung unsur-unsur surat/dokumen palsu, atau ditemukan dokumen yang disembunyikan oleh pihak lawan, atau putusan yang diambil dari hasil tipu muslihat yang dilakukan oleh salah satu pihak dalam pemeriksaan sengketa. Untuk membuktikan ada atau tidaknya salah satu dari tiga unsur diatas harus dibuktikan dengan putusan pengadilan. Apabila Pengadilan Negeri menyatakan bahwa alasan-alasan tersebut terbukti, maka putusan arbitrase dapat dibatalkan, apabila tidak terbukti, maka Pengadilan Negeri harus menolak permohonan pembatalan putusan arbitrase. Akan tetapi dalam pelaksanaannya, Pengadilan Negeri masih ada yang menerima permohonan pembatalan arbitrase di luar konteks pasal 70 Undang-Undang No 30 Tahun 1999 sebagaimana tertuang dalam putusan Pengadilan Negeri Jakarta Selatan. DOI: 10.15408/jch.v1i2.1472

  19. ERITREA-ETHIOPIA ARBITRATION: Introduction

    African Journals Online (AJOL)

    SeyoumYT

    basis at the Institute for Peace and Security Studies. The author's ...... Nations, Araya Desta wrote to the President of the Security Council that. Ethiopia ... intervene in the Ethio-Eritrean conflict”, and that “[i]t is in the best interest of the AU (as ...

  20. Prinsip Arbitrase Berbasis Syariah dalam Penyelesaian Sengketa Perbankan Syariah

    OpenAIRE

    Arifin, Muhammad

    2015-01-01

    The subject of the research in this dissertation is focused on sharia arbitration principle in settling sharia banking disputes. The study was conducted after Law No. 21 of 2008 concerning Sharia Banking (UUPS 2008) provided the choice of forum for sharia banks and their clients to settle their disputes through sharia arbitration. The choice of forum is done through an agreement which is formulated in contracts. In accordance with the research subject, the main problems which were going to be...

  1. Grounds for refusal of enforcement of foreign commercial arbital awards in GCC states law

    OpenAIRE

    Al-Enazi, Mohamed Saud

    2013-01-01

    This thesis was submitted for the award of Doctor of Philosophy and was awarded by Brunel University London This thesis posed the question whether foreign arbitral awards are enforced in accordance with the demands of the New York Convention in the UAE and Bahrain and moreover whether the conditions for enforcement compel the conclusion that these two nations are enforcement-friendly in the same manner as leading arbitral nations such as the UK, France, Hong-Kong and NYC. On the basis of l...

  2. China's South China Sea Conundrum - No Easier Pass

    OpenAIRE

    Jash, Amrita

    2016-01-01

    On July 12, 2016, The Hague- based Permanent Court of Arbitration (PCA) finally hit the hammer on the verdict of the landmark case of South China Sea arbitration. This case was unilaterally initiated by the Republic of the Philippines on January 22, 2013, on its relevant disputes in the South China Sea with the People’s Republic of China. At the very outset, this case brought China at crossroads to its international repute given Philippines’ allegations against its assertive and unlawful clai...

  3. A Dictionary of Acquisition and Contracting Terms.

    Science.gov (United States)

    1997-06-01

    No Comment 0 (0 %) C_ Responses: The following comments were used to revise the definition: - Not necessarily binding; may be non-binding. (3) - I agree with your definition; however, if I’m not mistaken, there may be some instances wherein the arbitration decision is not binding. (4) 10 - I would consider deleting the word "most." While the ADR process is the current buzzword, the word "arbitration" has been around a lot longer and to a lot of folks extends to processes for handling issues of personnel matter, international contracting,

  4. Commercial Stakeholers in International Economic Dispute Resolution and the Issue of Judicial Independence

    DEFF Research Database (Denmark)

    Jemielniak, Joanna

    The paper discusses the problem of influence, exerted by commercial actors, in international trade disputes, and its impact onto the position of adjudicators. It explores the role of commercial stakeholders as a driving force behind States’ actions and examines procedural options available to them...... area are set against those of investment and commercial arbitration (as the institutions and rules designed for the latter are also being used for trade controversies, as in the Softwood Lumber LCIA arbitrations). Consequently, the problem of standards of adjudicatory independence is considered as one...

  5. Proof and Information about Foreign Law

    DEFF Research Database (Denmark)

    Petersen, Clement Salung

    2014-01-01

    This report concerns the application and ascertainment of foreign law before Danish judicial and non-judicial authorities and in certain other instances, including arbitration and mediation. The overall structure of the report follows the questionnaire prepared by Professor Nishitani, Japan, for ......, for the XIXth International Congress of Comparative Law in Vienna 2014.......This report concerns the application and ascertainment of foreign law before Danish judicial and non-judicial authorities and in certain other instances, including arbitration and mediation. The overall structure of the report follows the questionnaire prepared by Professor Nishitani, Japan...

  6. International Construction Disputes in Denmark

    DEFF Research Database (Denmark)

    Cavaleri, Sylvie Cécile

    2016-01-01

    The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments to the sys......The article discusses whether the very peculiar Danish system of resolution of construction disputes, which is an hybrid between arbitration and State-Court proceedings, is geared for disputes involving non-Danish parties, comes to the conclusion that it is not, and proposes amendments...

  7. Single reading with computer-aided detection performed by selected radiologists in a breast cancer screening program

    Energy Technology Data Exchange (ETDEWEB)

    Bargalló, Xavier, E-mail: xbarga@clinic.cat [Department of Radiology (CDIC), Hospital Clínic de Barcelona, C/ Villarroel, 170, 08036 Barcelona (Spain); Santamaría, Gorane; Amo, Montse del; Arguis, Pedro [Department of Radiology (CDIC), Hospital Clínic de Barcelona, C/ Villarroel, 170, 08036 Barcelona (Spain); Ríos, José [Biostatistics and Data Management Core Facility, IDIBAPS, (Hospital Clinic) C/ Mallorca, 183. Floor -1. Office #60. 08036 Barcelona (Spain); Grau, Jaume [Preventive Medicine and Epidemiology Unit, Hospital Clínic de Barcelona, C/ Villarroel, 170, 08036 Barcelona (Spain); Burrel, Marta; Cores, Enrique; Velasco, Martín [Department of Radiology (CDIC), Hospital Clínic de Barcelona, C/ Villarroel, 170, 08036 Barcelona (Spain)

    2014-11-15

    Highlights: • 1-The cancer detection rate of the screening program improved using a single reading protocol by experienced radiologists assisted by CAD. • 2-The cancer detection rate improved at the cost of increasing recall rate. • 3-CAD, used by breast radiologists, did not help to detect more cancers. - Abstract: Objectives: To assess the impact of shifting from a standard double reading plus arbitration protocol to a single reading by experienced radiologists assisted by computer-aided detection (CAD) in a breast cancer screening program. Methods: This was a prospective study approved by the ethics committee. Data from 21,321 consecutive screening mammograms in incident rounds (2010–2012) were read following a single reading plus CAD protocol and compared with data from 47,462 consecutive screening mammograms in incident rounds (2004–2010) that were interpreted following a double reading plus arbitration protocol. For the single reading, radiologists were selected on the basis of the appraisement of their previous performance. Results: Period 2010–2012 vs. period 2004–2010: Cancer detection rate (CDR): 6.1‰ (95% confidence interval: 5.1–7.2) vs. 5.25‰; Recall rate (RR): 7.02% (95% confidence interval: 6.7–7.4) vs. 7.24% (selected readers before arbitration) and vs. 3.94 (all readers after arbitration); Predictive positive value of recall: 8.69% vs. 13.32%. Average size of invasive cancers: 14.6 ± 9.5 mm vs. 14.3 ± 9.5 mm. Stage: 0 (22.3/26.1%); I (59.2/50.8%); II (19.2/17.1%); III (3.1/3.3%); IV (0/1.9%). Specialized breast radiologists performed better than general radiologists. Conclusions: The cancer detection rate of the screening program improved using a single reading protocol by experienced radiologists assisted by CAD, at the cost of a moderate increase of the recall rate mainly related to the lack of arbitration.

  8. Justice Dispensation through the Alternative Dispute Resolution System in India

    Directory of Open Access Journals (Sweden)

    Krishna Agrawal

    2014-01-01

    Full Text Available The Law Commission of India in its 222nd report emphasized the need for Alternative Disputes Resolution (ADR for the dispensation of justice, because the courts are inaccessible owing to various factors, e.g., poverty, social and political backwardness, illiteracy, ignorance, procedural formalities and inordinate delay in judgments. During the ancient period the disputes were resolved in an informal manner by neutral third persons or people’s court in villages and it continued till the middle of the 20th century. Unfortunately, after the Independence of India in 1947, this system was dissuaded and the government permitted to continue the adversarial system of justice. In 1980, a committee was set up. It recommended Lok Adalats (People’s Courts. In 1987, the Legal Services Authorities Act was enacted. This Act obligates the states to provide free legal aid to poor persons. Besides this, the Act provides for the establishment of permanent Lok Adalats.This is one of the important modes of ADR. Lok Adalats have been established in all the districts of the country. They bring conciliatory settlement in complicated cases arising out of matrimonial, landlord-tenants, property, insurance and commercial disputes. There are four methods of ADR, viz., negotiation, mediation, conciliation and arbitration. Mediation and arbitration are widely preferred. They are alternatives to litigation. The Arbitration Act for the first time was enacted in 1889 and it was subsequently amended many times. On the objections raised by the Supreme Court of India and also on the adoption of UNCITRAL Model Law on International Commercial Arbitration, in 1996 Arbitration and Conciliation Act was enacted. This law is almost the same as is almost in all the countries.Further, the Government of India established International Centre for Alternative Disputes Resolution (CADR with the objectives of promotion, propagation, and popularizing the settlement of domestic and

  9. Aspects of the partnerships in the oil industry: remarks on dispute resolution provisions in the Join Operation Agreements-JOA; Aspectos das parcerias na industria do petroleo: consideracoes sobre a solucao de controversias no 'Joint Operating Agreement-JOA'

    Energy Technology Data Exchange (ETDEWEB)

    Carvalho, Romulo Soares Brillo de [Leite, Tosto e Barros Advogados Associados, Sao Paulo, SP (Brazil)

    2008-07-01

    This essay intends to analyze some aspects of Article 18 of the Joint Operating Agreement model form, drafted by the Association of International Petroleum Negotiators (AIPN) and largely used by members of the international oil and gas industry, including Brazil. We will go through the suggested wording for the arbitration clause, electing arbitration as the dispute resolution mechanism, and the waiver of sovereign immunity by the parties to the agreement. We will proceed with the review of such provisions of the model form clause under Brazilian law, commenting on the lectures provided by legal authors and by the courts of Brazil on the matter. Afterwards, we will briefly analyze the case of Petroleo Brasileiro S.A. - PETROBRAS, the Brazilian state owned oil company, regarding the said subjects. Finally, upon completion of our review, we stress that the current Brazilian scenario is quite favorable to arbitration, which is accompanied by the rise of the notion of flexibility of the sovereign immunity standard, not applicable to cases of 'ius gestionis' acts carried out by subdivisions of the state. (author)

  10. Interface of the Anti-dumping and Countervailing Duty Laws, Administrative Tribunal and Economic Analysis: the Injury and Causality Tests in Canada

    Directory of Open Access Journals (Sweden)

    O. Yul Kwon

    1998-09-01

    Full Text Available In the consequence analyzing methods which are frequently used by the Canadian administrative tribunal, there are dualistic approximation method which uses the trend analysis and unitary approximation method which uses economic analysis. The disadvantage of the dualistic approximation method is that it cannot separate the effect out of dumping and the effect of dumping. In the contrary, the unitary approximation method includes methods like the countable partial equipoise model and computation model which could overcome the similar question. This thesis made comments on the advantages and disadvantages of the above two economic analysis by way of analyzing the Canadian case used in the damage arbitration process. And found that both the two methods could enhance the objectivity, transparency and fairness in the damage arbitration, meanwhile, the countable partial equipoise model is more practical under the restriction of time and resources. Especially, this thesis definitely brought forward the conjunction between the trade regulation and the economic analysis in the process of the damage arbitration of the Canadian administrative tribunal.

  11. Methods for calculation of compensation for expropriation of a foreign investment

    Directory of Open Access Journals (Sweden)

    Đundić Petar M.

    2015-01-01

    Full Text Available A legal expropriation of a foreign investment without exception includes an obligation of the host state to pay the investor an appropriate compensation for the taking. Bilateral treaties for protection and encouragement of investments which usually serve as a normative basis for arbitration of expropriation disputes contain provisions instructing contracting states to provide 'adequate', 'just' compensation or to pay the compensation in 'full' or 'genuine' value of the expropriated investment etc. However, the sole existence of the standard for payment of compensation is not by itself enough for establishing the precise sum of compensation in particular cases. This purpose is served by mathematical methods of calculation employed used in judicial and arbitral practice. The paper contains an overview of the most important methods for calculation in practice: the market value method, the discounted cash flow method and the book value method. It also identifies the differences between situations in which different methods are used and explains how the nature of an investment and circumstances of particular case affect the choice of a particular method by the arbitral tribunal.

  12. Standardized Interpretation of Chest Radiographs in Cases of Pediatric Pneumonia From the PERCH Study.

    Science.gov (United States)

    Fancourt, Nicholas; Deloria Knoll, Maria; Barger-Kamate, Breanna; de Campo, John; de Campo, Margaret; Diallo, Mahamadou; Ebruke, Bernard E; Feikin, Daniel R; Gleeson, Fergus; Gong, Wenfeng; Hammitt, Laura L; Izadnegahdar, Rasa; Kruatrachue, Anchalee; Madhi, Shabir A; Manduku, Veronica; Matin, Fariha Bushra; Mahomed, Nasreen; Moore, David P; Mwenechanya, Musaku; Nahar, Kamrun; Oluwalana, Claire; Ominde, Micah Silaba; Prosperi, Christine; Sande, Joyce; Suntarattiwong, Piyarat; O'Brien, Katherine L

    2017-06-15

    Chest radiographs (CXRs) are a valuable diagnostic tool in epidemiologic studies of pneumonia. The World Health Organization (WHO) methodology for the interpretation of pediatric CXRs has not been evaluated beyond its intended application as an endpoint measure for bacterial vaccine trials. The Pneumonia Etiology Research for Child Health (PERCH) study enrolled children aged 1-59 months hospitalized with WHO-defined severe and very severe pneumonia from 7 low- and middle-income countries. An interpretation process categorized each CXR into 1 of 5 conclusions: consolidation, other infiltrate, both consolidation and other infiltrate, normal, or uninterpretable. Two members of a 14-person reading panel, who had undertaken training and standardization in CXR interpretation, interpreted each CXR. Two members of an arbitration panel provided additional independent reviews of CXRs with discordant interpretations at the primary reading, blinded to previous reports. Further discordance was resolved with consensus discussion. A total of 4172 CXRs were obtained from 4232 cases. Observed agreement for detecting consolidation (with or without other infiltrate) between primary readers was 78% (κ = 0.50) and between arbitrators was 84% (κ = 0.61); agreement for primary readers and arbitrators across 5 conclusion categories was 43.5% (κ = 0.25) and 48.5% (κ = 0.32), respectively. Disagreement was most frequent between conclusions of other infiltrate and normal for both the reading panel and the arbitration panel (32% and 30% of discordant CXRs, respectively). Agreement was similar to that of previous evaluations using the WHO methodology for detecting consolidation, but poor for other infiltrates despite attempts at a rigorous standardization process. © The Author 2017. Published by Oxford University Press for the Infectious Diseases Society of America.

  13. The Second Look in European Union Competition Law

    DEFF Research Database (Denmark)

    Sørensen, Jakob B; Torp, Kristian

    2017-01-01

    Under European Union (EU) law, arbitrators and national courts are obligated to apply, ex officio, EU competition law. Also according to EU law, any failure by an arbitral tribunal to apply such rules, or any erroneous interpretation or application hereof, constitute grounds for setting aside...... the subsequent award, if and when such measure is dictated by the Member State’s procedural rules. This article examines the relevant procedural rules in Denmark and Sweden based on two recent decisions by the national Supreme Courts. It concludes that under Scandinavian procedural law, courts will generally...... a framework for understanding the interplay between national and EU law, at least in the Scandinavian countries....

  14. Settlement of Tax Disputes in the Russian Federation and Germany

    Directory of Open Access Journals (Sweden)

    Anastasiya Alexandrovna Konyukhova

    2015-01-01

    Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

  15. Penyelesaian Sengketa antara Bank Sharî‘ah dengan Nasabah Bermasalah melalui Badan Arbitrase Sharî‘ah Nasional (BASYARNAS menurut UU No. 30 tahun 1999

    Directory of Open Access Journals (Sweden)

    Sulistyowati Sulistyowati

    2015-09-01

    Full Text Available This study deals with dispute settlement between Bank Syari’ah and its customers through the National Shari’ah Arbitration Board (BASYARNAS. It focuses to elaborate the procedures of dispute settlement between Bank Syari’ah and its customers of financing from the perspective of Islamic law according to Bill No. 30/1999 above law No. 30 year 1999. Based on procedures as mentioned in the bill with regard to arbitration and alternative dispute resolution, Basyarnas, in proofing and resolving cases, has fulfilled the procedures and satisfied the conflicting parties with justice, so there is no need to appeal and reconsideration. This means that Basyarnas has conducted dispute resolution according to the existing procedures. The dispute settlement has also been in accordance with the Qur’ân and other Islamic legal rules which consist of the principles of power and mandate applied by the arbitrator in deciding and resolving the dispute. The board—as an independent institution—has setttled the disputes on the basis of justice for all parties, rejected the act of bribery since the cost is measurable. In addition, Basyarnas also gives strong emphasis on the principle of equality, friendship, consistence and response-bility in resolving disputes.

  16. 76 FR 43652 - Submission for OMB Review; Comment Request

    Science.gov (United States)

    2011-07-21

    ... accounting report, 20 hours. Burden Hours: 78. Needs and Uses: The Crab Rationalization Program allocates... data collection, and cost recovery fee collection. The Crab Rationalization Program Arbitration System...

  17. 77 FR 25371 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations...

    Science.gov (United States)

    2012-04-30

    ... Released Rates Order. FMCSA redesignates old paragraphs (g) and (h) as new paragraphs (h) and (i... CFR Part 375 Advertising, Arbitration, Consumer protection, Freight, Highways and roads, Insurance...

  18. 46 CFR 503.86 - Public access to records.

    Science.gov (United States)

    2010-10-01

    ... in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or...) Trade secrets and commercial or financial information obtained from a person and privileged or...

  19. 45 CFR 503.24 - Grounds for closing a meeting.

    Science.gov (United States)

    2010-10-01

    ... court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the... trade secrets and commercial or financial information obtained from a person and privileged or...

  20. 40 CFR 1603.7 - Grounds on which meetings may be closed or information may be withheld.

    Science.gov (United States)

    2010-07-01

    ... court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the... withheld; (d) Disclose trade secrets and commercial or financial information obtained from a person and...

  1. 22 CFR 1004.4 - Grounds on which meetings may be closed.

    Science.gov (United States)

    2010-04-01

    ... in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or... particular types of matters to be withheld; (d) Disclose trade secrets and commercial or financial...

  2. 45 CFR 1802.4 - Grounds on which meetings may be closed, or information may be withheld.

    Science.gov (United States)

    2010-10-01

    ... court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the... secrets and commercial and financial information obtained from a person and privileged or confidential; (e...

  3. 29 CFR 2203.3 - Public attendance at Commission meetings.

    Science.gov (United States)

    2010-07-01

    ... action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct... particular types of matters to be withheld; (4) Disclose trade secrets and commercial or financial...

  4. Имитация арбитражного процесса (Moot court) как форма интерактивного обучения

    OpenAIRE

    Мещанова, Мария Валентиновна; Miashchanava, Marya; Царёва, Людмила Васильевна; Tsarova, Lyudmila

    2016-01-01

    This paper is concerned with analysis of one of the modern methods of interactive training — business game, simulating arbitration process (Moot court). Basing on five-years experience of the organisation of the Moot court relating to International Private Law and Commercial Arbitration, authors describe the main phases of the competition, characterise specific features of the given form of training, focus on its efficiency = Материал посвящен анализу одного из современных методов интерактивн...

  5. ARBITRATION PROCEEDINGS: LAW SOCIETY OF THE ...

    African Journals Online (AJOL)

    10332324

    adversely affected by administrative action an opportunity to obtain legal ..... decision is rational is to examine it in the light of the reasons advanced to justify the ..... Member of the Executive Council of Economic Affairs, Environment and ...

  6. ARBITRATION PROCEEDINGS: LAW SOCIETY OF THE ...

    African Journals Online (AJOL)

    10332324

    and a party has alleged that the reason for the dismissal relates to the ..... sustainable considering the informal nature of the CCMA process and the active ..... automatic right to legal representation is now manifested in both the LRA and PAJA,.

  7. Customary Arbitration in the Nigerian Jurispr

    African Journals Online (AJOL)

    economic groupings, out of which trade and business customs emanate .... its traditional expression in worship, family relations and limited appli- cation of Shariah ..... 464, where it was pronounced that a dispute over leadership succession cannot ... 2003:2), and in principle, a woman can be appointed a judge (Sahcht.

  8. Online arbitration: a comparative law study

    Directory of Open Access Journals (Sweden)

    Juan Fernando Córdoba Marentes

    2005-01-01

    Full Text Available Este trabajo, consistente en un estudio de derecho comparado del arbitraje en línea, se desarrolla a partir del cuestionamiento sobre la validez jurídica de los pactos, procedimientos y laudos arbitrales realizados por medios electrónicos. Con el propósito de obtener soluciones a esos interrogantes, se adelant ó, en esta primera etapa, una investigación sobre los requisitos formales exigidos en los arbitrajes tanto internacionales como locales, tal como se encuentran establecidos en diferentes jurisdicciones, así como su relaci ón con el “equivalente funcional” consignado en la correspondiente ley local sobre comercio electrónico. (El “equivalente funcional” es un criterio que intenta precisar las funciones que cumplen determinados requisitos formales [escrito, firma, original, entre otros], para establecer de qué forma pueden ser cumplidas de manera electrónica, y así otorgarle el mismo valor jurídico a tales instrumentos electrónicos. Los resultados de esa investigación se plasmaron en un cuadro comparativo que incluyó las legislaciones de Colombia, Alemania, Estados Unidos, Australia, Hong Kong y Reino Unido. Estas jurisdicciones fueron escogidas según su importancia internacional, tanto política como comercial, y de manera tal que pudieran representar los diferentes sistemas legales que existen en el mundo. Adicionalmente, como se detectara la necesidad de respaldar la investigaci ón con material bibliográfico complementario, en la segunda parte de esta primera etapa, fueron incluidas reseñas de artículos de revistas especializadas, con referencias significativas a los subtemas objeto de investigación. Las reseñas mencionadas fueron clasificadas atendiendo la relevancia de la información contenida en cada una de ellas y su relaci ón con los problemas analizados. Como resultado de la primera etapa de esta investigación profesoral, se concluyó que es posible realizar arbitrajes electrónicos o en línea en las jurisdicciones estudiadas, comoquiera que sus leyes le reconocen valor jurídico a ese tipo de actuaciones adelantadas por medios electrónicos. Sin embargo, al lado de esta conclusión jurídica se determinó que una certeza legal sobre el particular podría verse obstaculizada por una especial resistencia de carácter cultural en cada uno de los lugares estudiados (y en el resto del mundo, debido principalmente a la concepción formalista que informa las distintas áreas del derecho. Por último, como se indicara antes, es de anotar que lo descrito corresponde tan solo a la primera etapa de la investigación, desarrollada completamente en idioma inglés, la cual se extenderá en una segunda fase al estudio de la jurisprudencia que se ha emitido sobre el objeto de la investigaci ón y a un estudio preliminar de las dificultades culturales en las jurisdicciones analizadas.

  9. 10 CFR 9.104 - Closed meetings.

    Science.gov (United States)

    2010-01-01

    ... administrative agency, an action in a foreign court or international tribunal, or an arbitration, or the... to be withheld; (4) Disclose trade secrets and commercial or financial information obtained from a...

  10. 12 CFR 261b.5 - Exemptions.

    Science.gov (United States)

    2010-01-01

    ... or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the... withheld; (4) Disclose trade secrets and commercial or financial information obtained from a person and...

  11. Aktuální otázky používání zahraničního práva v soudním a rozhodčím řízení

    Czech Academy of Sciences Publication Activity Database

    Pauknerová, Monika

    2012-01-01

    Roč. 151, č. 12 (2012), s. 1265-1290 ISSN 0231-6625 Institutional support: RVO:68378122 Keywords : private international law * treatment of foreign law * arbitral proceedings Subject RIV: AG - Legal Sciences

  12. 45 CFR 2505.4 - On what grounds may the Board close a meeting or withhold information?

    Science.gov (United States)

    2010-10-01

    ... foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by... withholding or refers to particular types of matters to be withheld; (d) Disclose trade secrets and commercial...

  13. The legal framework for the institutionalisation of international ...

    African Journals Online (AJOL)

    Journal of Sustainable Development Law and Policy (The) ... for the institutionalisation of international commercial arbitration in Nigeria: a critical review ... Unquestionably, the administration of justice through our regular courts is usually ...

  14. 22 CFR 507.4 - Grounds on which meetings may be closed.

    Science.gov (United States)

    2010-04-01

    ... action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct or... withholding or refers to particular types of matters to be withheld; (d) Disclose trade secrets and commercial...

  15. 22 CFR 1500.5 - Grounds on which meetings may be closed.

    Science.gov (United States)

    2010-04-01

    ... or proceeding, or an arbitration; or an action in a foreign court or international tribunal; or the... withheld; (4) Disclose trade secrets and commercial or financial information which has been obtained from a...

  16. South African Crime Quarterly 59

    African Journals Online (AJOL)

    make informed decisions. This section ... the minister the power to decide on parole in cases of life imprisonment ..... Commission for Conciliation, Mediation and Arbitration, see ... 61 R. v. Northumberland Compensation Appeal Tribunal, ex.

  17. The consequences of the distinction between lawful and unlawful expropriation of foreign investment

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2011-01-01

    Full Text Available The paper deals with legal and factual consequences of the distinction between lawful and unlawful expropriation of a foreign investment by the host state. The author analyses the impact which the legality of expropriation has on the amount of compensation owed by the host state, an issue of whether the indirect expropriation can ever be lawful and the consequences which illegal expropriation has on recognition of such an act in territories of other countries. It is well established in contemporary arbitral practice that the illegal expropriation entails an obligation of the host state to pay the investor not only the amount equal to the market value of the investment at the time of expropriation, but also the sum which would include the increase of the investment's value from the moment of taking to the date on which the arbitral award is issued. Although the arbitration practice and legal doctrine generally accept that an indirect expropriation is automatically unlawful, due to the fact that the host state does not offer any compensation to the aggrieved investor, such view is logically unsound and irreconcilable with the duty of states to regulate in general interest. The conclusion of an arbitral tribunal that the state has conducted an indirect expropriation should be seen as a precondition which triggers the secondary obligation of the state - to pay an adequate compensation for the property taken provided for in the BIT. Actions of the host state should be regarded as a breach of international obligation and could activate the application of the stricter standard of compensation only if the host state ignores the duty to compensate the investor. The negative consequences of illegal expropriation may be reflected in the non-recognition of its effects on the territory of other states. However, these effects are highly dependent on the willingness of national courts to engage in a review of the legality of conducts of another state.

  18. Unwelcome, Unwanted and Increasingly Illegal: Sexual Harassment in the Workplace.

    Science.gov (United States)

    World of Work, 1997

    1997-01-01

    A discussion of judicial and arbitral trends regarding sexual harassment addresses what constitutes harassment, outlines legislative action and judicial decisions, and identifies recent trends that show the evolution of social responses to it. (JOW)

  19. 24 CFR 3288.105 - Time when Alternative Process is available.

    Science.gov (United States)

    2010-04-01

    ..., commercial carrier, or fax by the screening neutral, in accordance with § 3288.30. If within 7 days of the... may invoke the Mediation and Arbitration Process in the HUD Manufactured Home Dispute Resolution...

  20. Two-Level Verification of Data Integrity for Data Storage in Cloud Computing

    Science.gov (United States)

    Xu, Guangwei; Chen, Chunlin; Wang, Hongya; Zang, Zhuping; Pang, Mugen; Jiang, Ping

    Data storage in cloud computing can save capital expenditure and relive burden of storage management for users. As the lose or corruption of files stored may happen, many researchers focus on the verification of data integrity. However, massive users often bring large numbers of verifying tasks for the auditor. Moreover, users also need to pay extra fee for these verifying tasks beyond storage fee. Therefore, we propose a two-level verification of data integrity to alleviate these problems. The key idea is to routinely verify the data integrity by users and arbitrate the challenge between the user and cloud provider by the auditor according to the MACs and ϕ values. The extensive performance simulations show that the proposed scheme obviously decreases auditor's verifying tasks and the ratio of wrong arbitration.

  1. the effect of the War Measures Acts on Political Struggles within

    African Journals Online (AJOL)

    Setup

    Political Struggles within the South African Mine Workers' Union, 1939-1947 .... by white workers was prohibited, and compulsory arbitration of industrial disputes was ..... blamed the UP government's refusal to mediate in the strike as being ...

  2. Download this PDF file

    African Journals Online (AJOL)

    Seyoum Yohannes Tesfay

    about the foregoing issues thereby necessitating interpretation. Not all of these ..... 24 William W. Park (2012), Arbitration of International Business Disputes, 2nd Ed., Oxford. University .... respect for the rights of others, morality and the law.'.

  3. Nnamdi Azikiwe University Journal of International Law and ...

    African Journals Online (AJOL)

    A critical anaylsis of the mechanisms for settlement of investment disputes in international arbitration · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. S. Akinlolu Fagbemi, 46-55 ...

  4. Je rozhodčí soud pro sport skutečně "Nejvyšším sportovním soudem"?

    Czech Academy of Sciences Publication Activity Database

    Hamerník, Pavel

    2012-01-01

    Roč. 151, č. 11 (2012), s. 1208-1222 ISSN 0231-6625 R&D Projects: GA ČR GPP408/10/P539 Institutional support: RVO:68378122 Keywords : sport * arbitration * Olympic Committee Subject RIV: AG - Legal Sciences

  5. DISPUTE RESOLUTION AND MEDIATION ON CAPITAL MARKET

    Directory of Open Access Journals (Sweden)

    CRISTIAN GHEORGHE

    2011-04-01

    Full Text Available Capital Market is usually depicted as a place for experts, for people with high trading skills. This is a half truth. There are entities established and functioning under strict scrutiny of Romanian National Securities Commission (RNSC, in compliance with Capital Market Law and regulations. There are also the investors, in many cases individuals involved in shares/financial instruments trade. In both cases disputes can rise. Disputes are inevitable a part of human interaction, hence the need for dispute resolution. First option is the judicial court system. Alternative dispute resolution comprises arbitration and mediation. Arbitration is an alternative choice to provide simpler, speedier and more accessible justice than ordinary courts as well as expertise in matters that are technical in nature and require special knowledge to adjudicate upon. Capital Market environment provides an institutional arbitration court for all participants, including investors. In many cases the agreement executed between participants under RNSC scrutiny The other option for settling disputes outside the court is mediation. Mediation can provide a much cheaper and quick extrajudicial resolution of disputes in commercial matters without time consuming procedures and rigid rules. Agreements resulting from mediation are more likely to be complied with voluntarily and are more likely to foster the commercial relationship between the parties. The interaction between investors and brokerage houses is based on investment services agreement concluded by parties. This is the usual framework for disputes between parties and the usual “landscape” for mediation on capital market.

  6. Medical malpractice reform: the role of alternative dispute resolution.

    Science.gov (United States)

    Sohn, David H; Bal, B Sonny

    2012-05-01

    Alternative dispute resolution (ADR) refers to techniques used to resolve conflicts without going to the courtroom. As healthcare and malpractice costs continue to rise, there is growing interest in tactics such as early apology, mediation, and arbitration in the medical arena. (1) Why is ADR needed? (2) Is ADR useful in health care? (3) What are the current legal and political developments favoring ADR? (4) What obstacles remain? We performed MEDLINE, PubMed, and Google Scholar searches with key words "medical malpractice", "ADR", and "alternative dispute resolution" to obtain public policy studies, law review articles, case analyses, ADR surveys, and healthcare review articles. Early apology and disclosure programs report 50% to 67% success in avoiding litigation as well as substantial reductions in the amount paid per claim. Mediation boasts 75% to 90% success in avoiding litigation, cost savings of $50,000 per claim, and 90% satisfaction rates among both plaintiffs and defendants. Arbitration is viewed as less satisfying and less efficient than mediation but still more time- and cost-effective than litigation. The current legal environment is favorable to ADR with recent court decisions upholding pretreatment arbitration clauses. The main obstacle to ADR is the mandatory reporting requirement of the National Practitioner Data Bank (NPDB). ADR has the potential to help reform the current tort system, reducing cost and increasing both parties' satisfaction. Easing the reporting requirements for the NPDB would lead to more widespread acceptance of ADR among physicians.

  7. DISPUTE RESOLUTION OF FOREIGN DIRECT INVESTMENT IN CHINA

    Directory of Open Access Journals (Sweden)

    Fiska Silvia Raden Roro

    2012-09-01

    Full Text Available Corruption activity in this modern era keeps hurting the implementation of foreign investment in Indonesia, especially for the dispute settlement aspect. Unfortunately, today, Indonesia is one of the interesting place for foreign investment destination, especially for consumer goods manufacturers. This situation happened because of Indonesia’s great resources which is totally supportive to business development activity. This article was intended to spur the development of Indonesia’s legal system, especially about foreign investment, and also to explain how the dispute resolution on foreign investment in Chinese Regime perspective, including considerations of how Chinese culture and settlement in foreign investment, methods of negotiation, mediation, arbitration. It will also be discussed how the practice of the settlement of disputes through litigation also the enforcement of foreign arbitral awards and the enforcement of a foreign court related to Chinese Regime.

  8. Reactor operator screening test experiences

    International Nuclear Information System (INIS)

    O'Brien, W.J.; Penkala, J.L.; Witzig, W.F.

    1976-01-01

    When it became apparent to Duquesne Light Company of Pittsburgh, Pennsylvania, that the throughput of their candidate selection-Phase I training-reactor operator certification sequence was something short of acceptable, the utility decided to ask consultants to make recommendations with respect to candidate selection procedures. The recommendation implemented was to create a Nuclear Training Test that would predict the success of a candidate in completing Phase I training and subsequently qualify for reactor operator certification. The mechanics involved in developing and calibrating the Nuclear Training Test are described. An arbitration decision that resulted when a number of International Brotherhood of Electrical Workers union employees filed a grievance alleging that the selection examination was unfair, invalid, not job related, inappropriate, and discriminatorily evaluated is also discussed. The arbitration decision favored the use of the Nuclear Training Test

  9. Unpacking Recommendation 16 of the Health Ombud's report on the ...

    African Journals Online (AJOL)

    those lost to the system. ... the budget made apparent at the arbitration hearings, we believe that ... response to the human right of MHCUs to receive care close to their homes.[2] ... within the community-based mental health service system.

  10. 182 | P a g e

    African Journals Online (AJOL)

    Fr. Ikenga

    Key words: Arbitration and ADR, Nexus and disparities, Mediation, Juridical nature of ... Settlement of dispute is a universal phenomenon and plays a vital role in ..... Under this theory, the state recognizes that some disputes can be resolved by ...

  11. 76 FR 43331 - Labor-Management Relations Information Collection Requests

    Science.gov (United States)

    2011-07-20

    ... FEDERAL MEDIATION AND CONCILIATION SERVICE Labor-Management Relations Information Collection... the following public information collection requests (ICR) to the Office of Management and Budget (OMB... information collection requests are FMCS forms: Arbitrator's Report and Fee Statement (Agency Form R-19...

  12. THE ROLE OF ETHIOPIAN COURTS IN COMMERCIAL ...

    African Journals Online (AJOL)

    eliasn

    comments which enriched the initial version of the work. 1 See, e.g. ... comparative analysis of national rules on commercial arbitration would reveal that the level of .... Moreover, Ethiopia is yet to join the 1958 New York Convention on the.

  13. A Law and Economics Approach to Norms in Transnational Commercial Transactions: Incorporation and Internalisation

    NARCIS (Netherlands)

    B. Yuan (Bo)

    2016-01-01

    textabstractIn today’s global economy, a noticeable trend is that the traditional state-law-centred legal framework is increasingly challenged by self-regulatory private orders. Commercial norms, commercial arbitration and social sanctions at the international level have become important

  14. 75 FR 21686 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2010-04-26

    ... to pay arbitration awards to remain in the securities industry presents regulatory risks and is...-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of Proposed Rule... Regulatory Authority, Inc. (``FINRA'') filed with the Securities and Exchange Commission (``SEC'' or...

  15. 119 | Page

    African Journals Online (AJOL)

    Fr. Ikenga

    known forms of ADR in Nigeria are Arbitration, Mediation, Conciliation and Negotiation. .... 9 Makumi Mwagiru, “Conflict in Africa; Theory, Processes and Institutions of .... the important role the state has to play to maintain order and peace in the ...

  16. 75 FR 29451 - Agency Reorganization and Delegations of Authority

    Science.gov (United States)

    2010-05-26

    ..., speedy, and confidential alternative dispute resolution (ADR) services, such as mediation and arbitration... Trade Analysis. (i) Office of Agreements. (ii) Office of Economics and Competition Analysis. (iii..., Bureau of Enforcement, Bureau of Trade Analysis, Area Representatives, Office of Budget and Finance...

  17. 76 FR 21932 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Granting...

    Science.gov (United States)

    2011-04-19

    ... statement therein, as follows: I. Introduction On February 4, 2011, the Financial Industry Regulatory...-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Granting Approval of a... Financial Industry Regulatory Authority, Inc. (``FINRA'') to amend Rule 13806 of the Code of Arbitration...

  18. Event generators for address event representation transmitters

    Science.gov (United States)

    Serrano-Gotarredona, Rafael; Serrano-Gotarredona, Teresa; Linares Barranco, Bernabe

    2005-06-01

    Address Event Representation (AER) is an emergent neuromorphic interchip communication protocol that allows for real-time virtual massive connectivity between huge number neurons located on different chips. By exploiting high speed digital communication circuits (with nano-seconds timings), synaptic neural connections can be time multiplexed, while neural activity signals (with mili-seconds timings) are sampled at low frequencies. Also, neurons generate 'events' according to their activity levels. More active neurons generate more events per unit time, and access the interchip communication channel more frequently, while neurons with low activity consume less communication bandwidth. In a typical AER transmitter chip, there is an array of neurons that generate events. They send events to a peripheral circuitry (let's call it "AER Generator") that transforms those events to neurons coordinates (addresses) which are put sequentially on an interchip high speed digital bus. This bus includes a parallel multi-bit address word plus a Rqst (request) and Ack (acknowledge) handshaking signals for asynchronous data exchange. There have been two main approaches published in the literature for implementing such "AER Generator" circuits. They differ on the way of handling event collisions coming from the array of neurons. One approach is based on detecting and discarding collisions, while the other incorporates arbitration for sequencing colliding events . The first approach is supposed to be simpler and faster, while the second is able to handle much higher event traffic. In this article we will concentrate on the second arbiter-based approach. Boahen has been publishing several techniques for implementing and improving the arbiter based approach. Originally, he proposed an arbitration squeme by rows, followed by a column arbitration. In this scheme, while one neuron was selected by the arbiters to transmit his event out of the chip, the rest of neurons in the array were

  19. Categorical Imperative Immanuel Kant sebagai Landasan Filosofis Pelaksanaan Putusan Arbitrase

    Directory of Open Access Journals (Sweden)

    Djunyanto Thriyana

    2016-04-01

    Full Text Available Penyelesaian sengketa dalam bidang bisnis sering kali menuntut kecepatan, kepastian, dan biaya yang murah. Arbitrase sebagai salah satu metode alternatif penyelesaian sengketa sebaiknya ideal agar dapat dimanfaatkan oleh para pihak yang bersengketa. Beberapa prinsip dalam arbitrase mendukung harapan para pebisnis dalam menyelesaikan sengketanya. Namun demikian, putusan arbitrase juga sering menjadi lambat karena perilaku para pihak terutama yang kalah. Sebagai pebisnis seharusnya para pihak mempunyai integritas yang dapat mempertahankan bonafiditas dan iktikad baik mengingat dunia bisnis berdasarkan pada kepercayaan. Untuk itu, para pebisnis diharapkan memiliki norma-norma yang menyatu dalam cara pandang atau tindakan termasuk dalam penyelesaian sengketa yang terjadi. Norma moral merupakan norma yang dapat menjadi panduan. Salah satu konsep filosofi yang berlandaskan pada moral adalah konsep yang berasal dari Immanuel Kant. Kant memperkenalkan konsep ‘Categorical Imperative’ atau kewajiban tanpa syarat yang semestinya dimiliki oleh manusia sebagai makhluk berakal dalam mencapai keharmonian dalam kehidupan bersama manusia lain, di bawah hukum kebebasan berdasarkan prinsip-prinsip universal. Konsep ini dapat menjadi landasan filosofi dalam penyelesaian sengketa melalui arbitrase. Abstract Dispute resolution in business requires immediacy and certainty at a reasonable cost. Arbitration as an alternative method for dispute resolution should be ideal to be used by the parties in dispute. Principles in arbitration support expectations of businesses in handling dispute. However, arbitration is inevitably slow due to the behavior of the parties, especially by the party at loss. Business stakeholders acting as the parties should be compelled to maintain the integrity and reliability of their businesses, in accordance with the principle of good faith based on trust. Businesses are expected to follow norms coherent between the worldview and its

  20. Bus Arbitration for FDUMA Shared Memory Architecture

    OpenAIRE

    森垣,利彦; 弘中,哲夫; 児島,彰; 藤野,清次

    1997-01-01

    近年, プロセッサとDRAMを1つのLSI上に混載することでメモリバンド幅を広げる研究が行われている. しかし, この方法ではベクトル処理的な用途以外では得られるメモリバンド幅を有効に活用できず, On Chip Multiprocessorなどの共有メモリとして利用しにくい. そこで我々はこの問題を解決するメモリ・アーキテクチャとして, FDUMAマルチポートメモリシステムを提案している. 本稿では, 現在開発中であるFDUMAメモリシステムの試作機で用いるバス・アービトレーションについて述べ, その後ソフトウェア・シミュレータによるFDUMAメモリシステムの特性評価を行う. / Many research are done on deriving high memory bandwidth by merging the DRAM and logic on one chip. This merged DRAM/logic chip is effective for vector-style processing. Although it is not suitable for ...

  1. [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.

  2. Brussels I bis in Relation to Other Instruments on the Global Level

    NARCIS (Netherlands)

    Lazic, V.; Stuij, Steven

    2017-01-01

    This chapter will discuss the relationship between the Brussels Ibis Regulation and other international conventions which regulate the recognition and enforcement of foreign judgments or arbitral awards in civil and commercial matters. Since a number of such conventions are in force, a possible

  3. Role of sustainable development in Bilateral Investment Treaties : Recent trends and developments

    NARCIS (Netherlands)

    Levashova, Y.

    2012-01-01

    In the last decade, international investment law has undergone an explosive growth, which is characterized by the proliferation of Bilateral Investment Treaties (BITs) and a growing number of investment-treaty arbitrations. The effect of BITs on developing countries (host states) can be

  4. Role of sustainable development in Bilateral Investment Treaties : Recent trends and developments

    NARCIS (Netherlands)

    Levashova, Y.

    2011-01-01

    In the last decade, international investment law has undergone an explosive growth, which is characterized by the proliferation of Bilateral Investment Treaties (BITs) and a growing number of investment-treaty arbitrations. The effect of BITs on developing countries (host states) can be

  5. Comment on Award on Jurisdiction in Binder Case Appealed at the Czech Courts

    Czech Academy of Sciences Publication Activity Database

    Balaš, Vladimír

    -, č. 2 (2011), s. 269-286 ISSN 1805-0565. E-ISSN 1805-0999 R&D Projects: GA ČR GA407/09/0760 Institutional research plan: CEZ:AV0Z70680506 Keywords : investment dispute * arbitration * revision of award Subject RIV: AG - Legal Sciences

  6. The Interpretation and Application of the New York Convention in the Netherlands

    NARCIS (Netherlands)

    Lazic, V.

    2017-01-01

    Although there are some exceptions, in general, the Dutch courts are very well versed in applying the New York Convention. Besides, the Dutch arbitration statutory law, which has been recently revised, presents significant improvements regarding implementation of the New York Convention in

  7. 76 FR 3090 - Proposed Information Collection; Comment Request; Alaska Region; Bering Sea and Aleutian Islands...

    Science.gov (United States)

    2011-01-19

    ... submitted on or before March 21, 2011. ADDRESSES: Direct all written comments to Diana Hynek, Departmental... fisheries. Program components include quota share allocation, processor quota share allocation, individual... Binding Arbitration process, and fee collection. II. Method of Collection Responses are mailed, except the...

  8. Alemayehu Yismaw Demamu Abstract Ethiopia overhauled its ...

    African Journals Online (AJOL)

    Abstract. Ethiopia overhauled its arbitration laws with the enactment of the Civil Code and .... 2 United Nations Commission on International Trade Law, UNCITRAL Model Law on International Commercial ...... investment agreement between Ethiopia and Great Britain and Northern Ireland under Article 8, Ethiopia and.

  9. 77 FR 30566 - Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness...

    Science.gov (United States)

    2012-05-23

    ... those in the Grandfathered Rules. These BX disciplinary procedures provide fair procedures for the... now govern the disciplinary process for any legacy disciplinary matter. Under Chapter XXX, an... Constitution Provisions where appropriate, and to reflect that the disciplinary and arbitration procedures will...

  10. The New Brussels I Regulation

    DEFF Research Database (Denmark)

    Arnt Nielsen, Peter

    2013-01-01

    The most important amendments to the Brussels I Regulation adopted on 12 December 2012 are presented and discussed. The amendments concern: 1) arbitration, 2) external situations, 3) choice-of-court agreements, and 4) abolition of exequatur. Compared to the Commission's ambitions, only modest...

  11. Case-based Agile Fixture Design

    Institute of Scientific and Technical Information of China (English)

    2001-01-01

    In order to realize the agility of the fixture design, such asreconfigurability, rescalability and reusability, fixture structure is function unit-based decomposed from a fire-new point of view. Which makes it easy for agile fixture to be reconfigured and modified. Thereby, the base of case-based agile fixture design system info is established.Whole case-based agile fixture design model is presented. In which, three modules are added relative to the other models, including case matching of fixture planning module, conflict arbitration module and agile fixture case modify module. The three modules could solve the previous problem that the experience and result are difficult to be reused in the process of design.Two key techniques in the process of the agile fixture design, the evaluation of case similarity, and restriction-based conflict arbitration, are listed. And some methods are presented to evaluate the similarity and clear up the conflict.

  12. ALETRNATIF PENYELESAIAN SENGKETA DALAM SENGKETA TRANSAKSI ELEKTRONIK (E-COMMERCE

    Directory of Open Access Journals (Sweden)

    Rochani Urip Salami

    2013-01-01

    Full Text Available In e-commerce transactions in cyberspace it is possible occur a dispute as well as dispute occur within a legal relationship which is done conventionally. The more numerous and widely distributed activities of trade, then the frequency of occurrence of dispute be high and it means there'll be a dispute that must be solved. Dispute resolution itself basically qualifying to dispute resolution by peaceful and dispute resolution in adversarial. Resolving disputes peacefully is better known with concensus. While the dispute resolution in adversial, better known as resolution of disputes by a third party who is not involved in the dispute. The form of peaceful dispute resolution is negotiation, mediation and conciliation, while resolution form adversial is through the courts or the arbitral institutions. Dispute resolution in accordance with the philosophy of the inception of e-commerce is through negotiation, mediation, conciliation and arbitration.

  13. Comparison of digital mammography alone and digital mammography plus tomosynthesis in a population-based screening program.

    Science.gov (United States)

    Skaane, Per; Bandos, Andriy I; Gullien, Randi; Eben, Ellen B; Ekseth, Ulrika; Haakenaasen, Unni; Izadi, Mina; Jebsen, Ingvild N; Jahr, Gunnar; Krager, Mona; Niklason, Loren T; Hofvind, Solveig; Gur, David

    2013-04-01

    To assess cancer detection rates, false-positive rates before arbitration, positive predictive values for women recalled after arbitration, and the type of cancers detected with use of digital mammography alone and combined with tomosynthesis in a large prospective screening trial. A prospective, reader- and modality-balanced screening study of participants undergoing combined mammography plus tomosynthesis, the results of which were read independently by four different radiologists, is under way. The study was approved by a regional ethics committee, and all participants provided written informed consent. The authors performed a preplanned interim analysis of results from 12,631 examinations interpreted by using mammography alone and mammography plus tomosynthesis from November 22, 2010, to December 31, 2011. Analyses were based on marginal log-linear models for binary data, accounting for correlated interpretations and adjusting for reader-specific performance levels by using a two-sided significance level of .0294. Detection rates, including those for invasive and in situ cancers, were 6.1 per 1000 examinations for mammography alone and 8.0 per 1000 examinations for mammography plus tomosynthesis (27% increase, adjusted for reader; P = .001). False-positive rates before arbitration were 61.1 per 1000 examinations with mammography alone and 53.1 per 1000 examinations with mammography plus tomosynthesis (15% decrease, adjusted for reader; P tomosynthesis; P = .72). Twenty-five additional invasive cancers were detected with mammography plus tomosynthesis (40% increase, adjusted for reader; P tomosynthesis (P tomosynthesis in a screening environment resulted in a significantly higher cancer detection rate and enabled the detection of more invasive cancers. Clinical trial registration no. NCT01248546. RSNA, 2013

  14. ARBITRAGEM COMO FORMA DE DAR SUSTENTABILIDADE NAS RELAÇÕES NEGOCIAIS INTERNACIONAIS POR SER MECANISMO ECONÔMICO E CÉLERE DE RESOLUÇÃO DE CONFLITOS

    Directory of Open Access Journals (Sweden)

    Larissa De Freitas Monteiro

    2014-05-01

    Full Text Available O presente trabalho tem a intenção de fazer uma breve explanação acerca da relevância da arbitragem como um dos instrumentos de sustentabilidade nas relações negociais por se tratar de uma forma econômica e célere de resolução de conflitos comerciais internacionais. A abordagem procura investigar questões importantes referentes à ordem pública, aos pressupostos de validade, aos princípios norteadores e à sentença arbitral. Buscou-se, ainda, fazer ponderações acerca da cláusula compromissória e do compromisso arbitral, das vantagens da arbitragem, da escolha dos árbitros, das partes e das matérias passíveis de arbitrabilidade. A pesquisa ensejou algumas considerações concernentes à práxis da arbitragem na seara internacional, à Organização Mundial do Comércio e ao Sistema de Resolução de Controvérsias que lhe é porção. Por derradeiro, propõem-se a dissecar o caso Bombardier versus Embraer: o motivo que lhe deu causa e a utilização do procedimento arbitral como meio de resolução de conflitos, mesmo antes da decisão do caso pelo corpo jurídico do Órgão de Resolução de Controvérsias da OMC. A metodologia empregada é essencialmente teórica, com enfoque na revisão bibliográfica.

  15. Double versus single reading of mammograms in a breast cancer screening programme: a cost-consequence analysis.

    Science.gov (United States)

    Posso, Margarita C; Puig, Teresa; Quintana, Ma Jesus; Solà-Roca, Judit; Bonfill, Xavier

    2016-09-01

    To assess the costs and health-related outcomes of double versus single reading of digital mammograms in a breast cancer screening programme. Based on data from 57,157 digital screening mammograms from women aged 50-69 years, we compared costs, false-positive results, positive predictive value and cancer detection rate using four reading strategies: double reading with and without consensus and arbitration, and single reading with first reader only and second reader only. Four highly trained radiologists read the mammograms. Double reading with consensus and arbitration was 15 % (Euro 334,341) more expensive than single reading with first reader only. False-positive results were more frequent at double reading with consensus and arbitration than at single reading with first reader only (4.5 % and 4.2 %, respectively; p cancer detection rate were similar for both reading strategies (4.6 and 4.2 per 1000 screens; p = 0.283). Our results suggest that changing to single reading of mammograms could produce savings in breast cancer screening. Single reading could reduce the frequency of false-positive results without changing the cancer detection rate. These results are not conclusive and cannot be generalized to other contexts with less trained radiologists. • Double reading of digital mammograms is more expensive than single reading. • Compared to single reading, double reading yields a higher proportion of false-positive results. • The cancer detection rate was similar for double and single readings. • Single reading may be a cost-effective strategy in breast cancer screening programmes.

  16. 37 CFR 258.2 - Definitions.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Definitions. 258.2 Section 258.2 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE...

  17. 37 CFR 256.1 - General.

    Science.gov (United States)

    2010-07-01

    ... Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE § 256.1 General. This part establishes adjusted terms and rates for royalty payments in accordance with the provisions of 17...

  18. 37 CFR 258.1 - General.

    Science.gov (United States)

    2010-07-01

    ... Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES ADJUSTMENT OF ROYALTY FEE FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS § 258.1 General. This part 258 adjusts the rates of royalties payable under the compulsory license for...

  19. "Putting on Band-Aids": The Contradictory Roles and "Small Wins" of Tempered Campus Radicals

    Science.gov (United States)

    Westerman, Marni; Huey, Laura

    2012-01-01

    Nancy Fraser's propositions regarding the nature of "boundary" work carried out by experts within organizations suggests that individuals who work within bureaucratic structures are so constrained by the institutional context that they become detached, depoliticizing arbitrators of politicized claims. The purpose of the research reported…

  20. 20 let od rozsudku Bosman Věc C - 415/1993. EU:C:1995:463

    Czech Academy of Sciences Publication Activity Database

    Hamerník, Pavel

    2016-01-01

    Roč. 5, č. 1 (2016), s. 43-47 ISSN 2453-7705 Institutional support: RVO:68378122 Keywords : sports law * football * Court of Arbitration for Sport Subject RIV: AG - Legal Sciences http://www.supcourt.gov.sk/data/files/1257_bulletin-2016-v-rocnik-c-1.pdf

  1. 34 CFR 395.3 - Application for designation as State licensing agency; content.

    Science.gov (United States)

    2010-07-01

    ... agency to the vendors, including their selection, duties, supervision, transfer, promotion, financial..., and take adequate steps to assure that each vendor understands the provisions of the permit and any agreement under which he operates, as evidenced by his signed statements: (vii) Submit to an arbitration...

  2. Journal of Sustainable Development Law and Policy (The) - Vol 1 ...

    African Journals Online (AJOL)

    An overview of the Rome Statute of the International Criminal Court: jurisdiction and complementarity principle and issues in domestic implementation in ... The legal framework for the institutionalisation of international commercial arbitration in Nigeria: a critical review · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT

  3. 75 FR 49005 - Program for Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2; Notice of Filing of...

    Science.gov (United States)

    2010-08-12

    ... of customer complaints, the review of dual members' advertising, and the arbitration of disputes... to FINRA any information coming to its attention that reflects adversely on the financial condition.... Advertising. FINRA shall assume responsibility to review the advertising of Dual Members subject to the...

  4. Barriers to primary care clinician adherence to clinical guidelines for the management of low back pain

    DEFF Research Database (Denmark)

    Slade, Susan C; Kent, Peter; Bucknall, Tracey

    2015-01-01

    independent reviewers will conduct a structured review and meta-synthesis, and a third reviewer will arbitrate where there is disagreement. This protocol has been registered on PROSPERO 2014. ETHICS AND DISSEMINATION: Ethical approval is not required. The systematic review will be published in a peer...

  5. 37 CFR 262.7 - Verification of royalty payments.

    Science.gov (United States)

    2010-07-01

    ... Designated Agent have agreed as to proper verification methods. (b) Frequency of verification. A Copyright Owner or a Performer may conduct a single audit of the Designated Agent upon reasonable notice and... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES RATES AND TERMS FOR CERTAIN ELIGIBLE...

  6. 77 FR 36932 - Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations

    Science.gov (United States)

    2012-06-20

    ... use of energy. List of Subjects in 49 CFR Part 375 Advertising, Arbitration, Consumer protection...--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS 0 1. The authority... No. FMCSA-2012-0119] RIN 2126-AB52 Transportation of Household Goods in Interstate Commerce; Consumer...

  7. 78 FR 1652 - Semiannual Regulatory Agenda

    Science.gov (United States)

    2013-01-08

    ... concerning small, women-owned, or minority-owned business lending. The CFPB has also inherited proposed rules... Regulation Z's current loan originator compensation provisions, including a new additional restriction on the... implements Dodd-Frank Act restrictions on mandatory arbitration and the financing of certain credit insurance...

  8. 76 FR 7204 - Privacy Act of 1974; Establishment of a New System of Records

    Science.gov (United States)

    2011-02-09

    ... names, Social Security number, gender, date of birth, and place of birth; home and business contact information; the date on which the MLO becomes an employee with the institution; criminal history, including the results of a background check; financial services-related employment history; civil, arbitration...

  9. 78 FR 44349 - Semiannual Regulatory Agenda

    Science.gov (United States)

    2013-07-23

    ... Federal Reserve System (Board) over certain consumer-related EFA Act provisions. The Board proposed... principal place of business; the gross annual revenue; and the race, sex, and ethnicity of the principal... depository institutions; mandatory arbitration; and the financing of single- premium credit insurance. The...

  10. The Holocene in the coastal zone of Uruguay

    International Nuclear Information System (INIS)

    Garcia Rodriguez, F.

    2011-07-01

    This book represents a compilation of several scientific Holocene paleoenvironmental aspects of the coastal zone in Uruguay. It includes information about geological, geomorphological, evolutionary genetics, paleontological, paleobotanic, paleoclimatological, paleolimnological, paleoceanographic and archeologic aspects. The chapters presented were arbitrated by national and foreign recognized scientists

  11. Reforming Investor–State Dispute Settlement: A (Comparative and International) Constitutional Law Framework

    NARCIS (Netherlands)

    Schill, S.W.

    As a result of the steep increase in investment arbitrations, and the problems this has brought to the fore, many reform efforts in international investment law focus on changes to investor–state dispute settlement (ISDS). Reform proposals, however, diverge widely (ranging from exiting the system

  12. Public private partnership construction project disputes in Nigeria ...

    African Journals Online (AJOL)

    This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria ...

  13. 37 CFR 260.6 - Verification of royalty payments.

    Science.gov (United States)

    2010-07-01

    ... verification of the payment of royalty fees to those parties entitled to receive such fees, according to terms... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Verification of royalty... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES RATES AND TERMS FOR PREEXISTING SUBSCRIPTION...

  14. 18 CFR 385.2201 - Rules governing off-the-record communications (Rule 2201).

    Science.gov (United States)

    2010-04-01

    ... 603, a neutral (other than an arbitrator) under Rule 604 in an alternative dispute resolution... any person outside the Commission, any off-the-record communication. (c) Definitions. For purposes of... in which an intervenor disputes any material issue, any proceeding initiated pursuant to rule 206 by...

  15. Mediation in Special Education: A Resource Manual for Mediators. Revised and Updated.

    Science.gov (United States)

    Schrag, Judy A.

    This resource manual presents information on mediation practices in special education disagreements between the school and parents. The manual provides an overview of requirements in the Individuals with Disabilities Education Act (IDEA) and gives definitions for alternative dispute resolution processes, such as arbitration and litigation. A chart…

  16. Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

    Index Scriptorium Estoniae

    Uibopuu, Henn-Jüri, 1929-2012

    1982-01-01

    Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

  17. 37 CFR 251.53 - Report to the Librarian of Congress.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Report to the Librarian of... PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.53 Report to the Librarian of Congress... Librarian of Congress a report incorporating its written determination. Such determination shall be...

  18. 46 CFR 503.79 - Exceptions-information pertaining to meeting.

    Science.gov (United States)

    2010-10-01

    ... commercial or financial information, obtained from a person and privileged or confidential; (e) Involved with... a subpena, the agency's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the...

  19. 32 CFR 242a.4 - Grounds on which meetings may be closed, or information may be withheld.

    Science.gov (United States)

    2010-07-01

    ... and commercial or financial information obtained from a person, privileged or confidential; (e... a subpoena, or USUHS participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the USUHS of a...

  20. 76 FR 49423 - Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands Crab...

    Science.gov (United States)

    2011-08-10

    ... market information used to conduct arbitration proceedings. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, and other... Conservation and Management Act. Amendments 18 and 19 to the FMP implemented the CR Program. Regulations...

  1. EU-PIL

    DEFF Research Database (Denmark)

    Lookofsky, Joseph; Hertz, Ketilbjørn

    Now in a Second Edition comprising the Brussels I Regulation “recast”, as well as other key EU legislation and case law, this book brings together principles of juridical jurisdiction, choice of law, recognition of judgments and commercial arbitration. It shows the interrelationship of the rules...

  2. 78 FR 49950 - Dispute Resolution Pilot Program for Public Assistance Appeals

    Science.gov (United States)

    2013-08-16

    ... partially or otherwise deobligated for reasons including, but not limited to, discrepancies between... own expense. The requesting party must also pay for a copy of the transcript for the Panel members.... Costs FEMA will pay the fees associated with the panel including arbitrator compensation, and the...

  3. 17 CFR 12.24 - Parallel proceedings.

    Science.gov (United States)

    2010-04-01

    ...) Definition. For purposes of this section, a parallel proceeding shall include: (1) An arbitration proceeding... the receivership includes the resolution of claims made by customers; or (3) A petition filed under... any of the foregoing with knowledge of a parallel proceeding shall promptly notify the Commission, by...

  4. 78 FR 37267 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2013-06-20

    ... Change Relating to Amendments to the Code of Arbitration Procedure for Customer Disputes Concerning Panel... Statutory Basis for, the Proposed Rule Change 1. Purpose Background Under the Customer Code, parties in... rule change that are filed with the Commission, and all written communications relating to the proposed...

  5. 40 CFR 85.2117 - Warranty and dispute resolution.

    Science.gov (United States)

    2010-07-01

    ... contained in appendix II of this subpart which are based on Commercial Arbitration Rules published by the... resort to an appropriate federal district court or state court, subject to the established rules of that court regarding subject matter jurisdiction and personal jurisdiction. (5) If the vehicle manufacturer...

  6. Alternative Dispute Resolution to the Rescue.

    Science.gov (United States)

    Kassberg, Maria

    1989-01-01

    Examines the use of mediation and arbitration to settle civil disputes which have been traditionally settled through the courts. Discusses the advantages of alternative forms of dispute resolution. Describes the operations of dispute resolution centers and provides information about the individuals who serve as dispute mediators. (KO)

  7. 7 CFR 28.162 - Procedure.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 2 2010-01-01 2010-01-01 false Procedure. 28.162 Section 28.162 Agriculture..., TESTING, AND STANDARDS Regulations Under the United States Cotton Standards Act Adjustment of Contract... and in instituting and conducting arbitrations and appeals shall be as prescribed in the articles...

  8. 2015 Five-Yearly Review : one last formal step, with the implementation to follow

    CERN Multimedia

    Staff Association

    2015-01-01

    Taking into account the arbitration by the Director General the Staff Council decided that it did not oppose the Management proposals for the 2015 Five-Yearly Review (see Echo 234). Consequently, at the TREF meeting of Thursday 26 November, Management presented its consolidated proposals taking into account the outcome of the arbitration. The Staff Association was invited to express its point of view (the text of our declaration follows). After the Member States’ delegates got satisfactory answers to their questions for clarification, none of the 14 delegations represented opposed the proposals nor were there any abstentions. The Chair of TREF, B. Dormy, will thus report to Finance Committee and Council on 16 and 17 December that TREF recommends that these committees approve the Management proposals. A huge amount of work by many CERN colleagues, representatives of the Management, the Sectors, and the Staff Association has come to a successful conclusion. Now we move into the important implementati...

  9. A Hybrid Architecture for Vision-Based Obstacle Avoidance

    Directory of Open Access Journals (Sweden)

    Mehmet Serdar Güzel

    2013-01-01

    Full Text Available This paper proposes a new obstacle avoidance method using a single monocular vision camera as the only sensor which is called as Hybrid Architecture. This architecture integrates a high performance appearance-based obstacle detection method into an optical flow-based navigation system. The hybrid architecture was designed and implemented to run both methods simultaneously and is able to combine the results of each method using a novel arbitration mechanism. The proposed strategy successfully fused two different vision-based obstacle avoidance methods using this arbitration mechanism in order to permit a safer obstacle avoidance system. Accordingly, to establish the adequacy of the design of the obstacle avoidance system, a series of experiments were conducted. The results demonstrate the characteristics of the proposed architecture, and the results prove that its performance is somewhat better than the conventional optical flow-based architecture. Especially, the robot employing Hybrid Architecture avoids lateral obstacles in a more smooth and robust manner than when using the conventional optical flow-based technique.

  10. SENGKETA LINGKUNGAN DAN PENYELESAIANNYA

    Directory of Open Access Journals (Sweden)

    Handri Wirastuti Sawitri

    2010-05-01

    Full Text Available Continuation of the environment at the end of this century has more attention, not only in Indonesia but also throughout the world. Sustainability of the environment this time was viewed as an obligation of the world community. This matter then pushing the environment damage becomes a deed of contempt of court, so it can be a reason to submit the suing. This article study about the solving of environment dispute by extrajudicial procedure and solving of environment dispute by judicial procedure. Based on the analysis, the pollution and destruction of the environment resulted in the loss of certain parties, such as community, the environmental organizations and government. This can be resolved through extrajudicial or judicial procedure. Solution of extrajudicial dispute can be done by mediation, and conciliation of arbitration. Solution by litigation can be done by class action, legal standing, suing to PTUN. Keyword: Sustainable development, dispute resolution, arbitration,

  11. Prohibition of Turning to a Worse Scenario in Judicial Activity: on the Example of Consideration of the Cases on Administrative Offenses

    Directory of Open Access Journals (Sweden)

    Evgenii V. Taribo

    2017-12-01

    Full Text Available The article explores the prohibition of turning to a worse: how it is enshrined in the legislation on administrative violations, and how it manifests its effect in judicial practice. As analysis of legislation and judicial practice shows, courts of general jurisdiction and arbitration courts differently understand and apply this prohibition. This is due to the different legislative and organizational bases on which the process of bringing to administrative responsibility is based, in which courts of general and arbitration jurisdictions are involved. The article notes that the provisions of the draft of the new Code on Administrative Offenses, developed by the State Duma of the 6th convocation, point to a possible reduction of the scope of this ban. In this regard, the author comes to the conclusion that the legislator and the courts are to decide on a conceptually unified approach to the problem of the prohibition of turning to the worst in the field of administrative responsibility

  12. Factors influencing decisions on delay claims in construction contracts for Indian scenario

    Directory of Open Access Journals (Sweden)

    Nitin Balkrishna Chaphalkar

    2014-03-01

    Full Text Available Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically.  The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.

  13. Factors influencing decisions on delay claims in construction contracts for Indian scenario

    Directory of Open Access Journals (Sweden)

    Nitin Balkrishna Chaphalkar

    2014-03-01

    Full Text Available   Construction industry in India is second largest next to agriculture. In current era of infrastructure development construction projects occupy a key position. In any construction project contract time and cost overrun is a common feature, which gives rise to claims leading to disputes. These disputes if not handled properly tend to consume time and money of all parties to the contract. To resolve the dispute in optimum time, it is essential to understand the root cause of disputes as early as possible. Hence there is a need of analyzing the disputes scientifically.  The present study reveals from the study of arbitration awards that the causes for delay claims can be grouped in domains and the probable decisions to the disputes can be traced through the probing questions considered by decision makers. This paper attempts to identify questions related to disputes for Indian scenario through literature, arbitration awards, court cases and discussions with professionals.

  14. 7 CFR 900.118 - Costs.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 8 2010-01-01 2010-01-01 false Costs. 900.118 Section 900.118 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (Marketing Agreements and... Meetings To Arbitrate and Mediate Disputes Relating to Sales of Milk or Its Products § 900.118 Costs. The...

  15. 37 CFR 261.4 - Terms for making payment of royalty fees and statements of account.

    Science.gov (United States)

    2010-07-01

    ... royalty fees and statements of account. 261.4 Section 261.4 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES RATES AND TERMS FOR... payment of royalty fees and statements of account. (a) A Licensee shall make the royalty payments due...

  16. 37 CFR 262.4 - Terms for making payment of royalty fees and statements of account.

    Science.gov (United States)

    2010-07-01

    ... royalty fees and statements of account. 262.4 Section 262.4 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES RATES AND TERMS FOR... REPRODUCTIONS § 262.4 Terms for making payment of royalty fees and statements of account. (a) Payment to...

  17. Dennis E. Showalter Longman, New York, 1996 371 pages maps ...

    African Journals Online (AJOL)

    making of prime importance. War, during the Age of Reason (the eighteenth century) was viewed as a rational means of arbitration between states. ... Showalter surveys the different wars in chronological order and places the military operations and Frederick's policies and ambitions against the broader context. This is a ...

  18. 49 CFR 804.5 - Grounds on which meetings may be closed or information may be withheld.

    Science.gov (United States)

    2010-10-01

    ... withheld; (d) Disclose trade secrets and commercial or financial information obtained from a person and... subpoena, or the NTSB's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the NTSB of a...

  19. 10 CFR 1704.4 - Grounds on which meetings may be closed or information may be withheld.

    Science.gov (United States)

    2010-01-01

    ...) Disclose trade secrets and commercial or financial information obtained from a person and privileged or... subpoena, or the Board's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the Board of a...

  20. 75 FR 32525 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving...

    Science.gov (United States)

    2010-06-08

    ...., Associate Clinical Professor of Law, Cornell Law School, and Director, Cornell Securities Law Clinic, and Lennie Sliwinski, Cornell Law School class of 2011, dated May 15, 2010; and Scott R. Shewan, President... arbitration award to a customer. FINRA Rule 9554 allows FINRA to bring expedited actions to address failures...

  1. Towards a comprehensive framework for business process compliance

    NARCIS (Netherlands)

    El Gammal, A.F.S.A.

    2012-01-01

    Everything in our lives is governed by a set of laws. Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. Law shapes business, economics, politics and society in every aspect. It plays the role of the arbitrator between people

  2. Reviewing the College Disciplinary Procedure. Mendip Papers.

    Science.gov (United States)

    Kedney, R. J.; Saunders, R.

    This paper provides practical advice on reviewing and designing disciplinary procedures and is set in the context of incorporation of further education and sixth form colleges in England. Reasons are provided for having disciplinary rules, based on the Advisory Conciliation and Arbitration Service's (ACAS) Code of Practice. Relevant English…

  3. 75 FR 67227 - Relocation Cost Sharing in the Broadcast Auxiliary Service

    Science.gov (United States)

    2010-11-02

    ... that parties have several options to resolve disputes that may arise including mediation, arbitration... providing commercial service. However, given that as of December 31, 2008, these MSS operators had assets of... annual revenue of over $15 million once they are able to offer commercial services.\\10\\ Consequently, we...

  4. Kur'an'a Göre Boşanma Prosedürü

    Directory of Open Access Journals (Sweden)

    Hamza Aktan

    2015-11-01

    Full Text Available If we investigate The Qur’an carefully as a source of lslamic Law to have knowledge on the rules of divorce we see that divorce is a final solution of friction between husband and wife. There are some verses in The Qur’an that order married couple under any circumstances to try hard to cotinue the conjugal community. First of all The Qur’an orders the couple to be upon each other’s behaviour (Qur’an, Al Nisa 4/19; and see also Al Baqarah 2/231, Al Talaq 65/2}. In case the wife is obstinately disobidant (naashiz the husband have to strive for getting on well together (Qur’an, Al Nisa’ 4/34. On the cotrary if the husband goes beyond the rulles of marriage then the wife tries to come to an agreement to keep the peace (Qur’an, Al Nisa 4/ 128. In any case if the striving of couple to keep the peace doesn’t give a result then the relatives have to be interested the problem. So they choose an arbitrator (hakam from the family of the wife and an arbitrator from the family of the husband. The two or more chosen arbitrators try to makepeace among the husband and wife (Qur’an, Al Nisa 4/35. If arbitrators not meet with succes of making peace among the couple then the divorce may be considered as a solution of the problem. When the husband decided to divorce his wife he must do it in the period of divorce. Because The Qur’an determined a period for divorce (Qur’an, Al Talaq 65/1. And the Prophet Mohammad (peace be upon him declared this concise (mujmal period. According to declaration of the Prophet (peace be upon him the period of divorce begins with the end of menstruation and finish with coition (Azimabadİ, Avn Al Ma’bud, VI, 227-228. In another word the husband can divorce only in the period of canonical cleannes of his wife but before the coition. If he has a sexual intercours with his wife then he can not divorce until the next period. From these Qur’anic verses and the declaration of the Prophet (peace be upon him we may

  5. 37 CFR 253.8 - Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural...

    Science.gov (United States)

    2010-07-01

    ... royalty fees to each copyright owner not later than July 31 of each calendar year for uses during the... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Terms and rates of royalty..., Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES...

  6. 37 CFR 251.56 - Order of the Librarian of Congress.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Order of the Librarian of... PROCEDURE Procedures of Copyright Arbitration Royalty Panels § 251.56 Order of the Librarian of Congress. (a... the determination of a panel, the Librarian of Congress shall issue an order accepting the panel's...

  7. The Convention on the Recognition and Enforcement of Foreign ...

    African Journals Online (AJOL)

    The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, often referred to as the New York Convention, has established itself as a regulatory and enforcement instrument which is crucial to international trade. This is evident from the fact that more than 150 countries have so far ratified the convention.

  8. 75 FR 58007 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2010-09-23

    ... securities frauds that resulted in harm to investors, FINRA has reviewed its rule on arbitrator referrals and... SECURITIES AND EXCHANGE COMMISSION [Release No. 34-62930; File No. SR-FINRA-2010-036] Self... September 17, 2010. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \\1\\ and...

  9. 18 CFR 1301.46 - Criteria for closing meetings.

    Science.gov (United States)

    2010-04-01

    ... withholding or refers to particular types of matters to be withheld; (d) Disclose trade secrets and commercial... subpena, or its participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by an agency of a...

  10. 20 CFR 416.1121 - Types of unearned income.

    Science.gov (United States)

    2010-04-01

    ... deductible expenses are interest on debts, State and local taxes on real and personal property and on motor fuels, general sales taxes, and expenses of managing or maintaining the property. (Sections 163, 164... court, board of arbitration, or the like. (g) Gifts and inheritances. A gift is something you receive...

  11. 76 FR 38047 - Defense Federal Acquisition Regulation Supplement; Extension of Restrictions on the Use of...

    Science.gov (United States)

    2011-06-29

    ... work) in excess of $1 million, if the contractor restricts its employees to arbitration for claims... both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is... rule under 5 U.S.C. 804. III. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply...

  12. Access to Justice: Secondary School Strategies.

    Science.gov (United States)

    Khanlian, John F.; And Others

    1989-01-01

    John F. Khanlian, Ericka B. Gray and Sandi Dittrich offer a role playing activity on mediation. Jo Ellen Ambrose's and John Nelson's lessons deal with arbitration. Lowell Ueland's simulation is concerned with plea bargaining, and Jack Hanna's activity involves a discussion of lawyer responsibility to provide pro bono services. (KO)

  13. A Model for Determining Student Plagiarism: Electronic Detection and Academic Judgement

    Science.gov (United States)

    Bretag, Tracey; Mahmud, Saadia

    2009-01-01

    This paper provides insights based on the authors' own practice as university instructors, researchers and arbitrators of student plagiarism. Recognising the difficulty in defining plagiarism while still acknowledging the practical importance of doing so, the authors find the common element between the various types of plagiarism to be the lack of…

  14. Case note: HvJ EG (C-40/08: Asturcom Telecomunicaciones SL v. Cristina Rodríguez Nogueira)

    NARCIS (Netherlands)

    Mak, C.

    2010-01-01

    On those grounds, the Court (First Chamber) hereby rules: Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that a national court or tribunal hearing an action for enforcement of an arbitration award which has become final and was made

  15. 45 CFR 2540.230 - What grievance procedures must recipients of Corporation assistance establish?

    Science.gov (United States)

    2010-10-01

    ... fraud or criminal activity, it must immediately be brought to the attention of the Corporation's... grievance that alleges fraud or criminal activity, a grievance must be made no later than one year after the... begins. (3) The cost. The cost of the arbitration proceeding must be divided evenly between the parties...

  16. Supervision as the procedure applicable in the case of bankruptcy ...

    African Journals Online (AJOL)

    The article is devoted to the monitoring procedure used in the bankruptcy case. The procedures used in the insolvency (bankruptcy) case are examined and analyzed. Bankruptcy is the debtor's inability recognized by the court of arbitration or the debtor's inability to fully satisfy the creditors' claims for monetary obligations ...

  17. Alternative Dispute Resolution : A Viable Method for Settling Government Contract Disputes

    Science.gov (United States)

    1993-06-01

    Estoppel : Using Preclusion to Shape Procedural Choices," 63 Tulane Law Review 20, 1988. Murray, "Lawyers and Alternative Dispute Resolution Success," 14...1988. Shell, "Res Judicata and Collateral Estoppel Effects of Commercial Arbitration," 35 UCLA Law Review 623, 1988. Shell, "The Role of Public Law in

  18. 36 CFR 254.2 - Definitions.

    Science.gov (United States)

    2010-07-01

    ..., use, physical characteristics, and other amenities. Arbitration is a process to resolve a disagreement... public domain for national forest purposes and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.... Resource values means any of the various commodity values or non-commodity values, such as wildlife habitat...

  19. Problems of litigation in settlement of maritime disputes for Nigeria ...

    African Journals Online (AJOL)

    This study examines the problems of litigation in settlement of disputes in maritime industry in Nigeria, which sector is vital to the nation's economy. It also investigates the prospects and viability of arbitration technique as an alternative. It is discovered that although litigation has been the most common mechanism for the ...

  20. Active Inference, Epistemic Value, and Vicarious Trial and Error

    Science.gov (United States)

    Pezzulo, Giovanni; Cartoni, Emilio; Rigoli, Francesco; io-Lopez, Léo; Friston, Karl

    2016-01-01

    Balancing habitual and deliberate forms of choice entails a comparison of their respective merits--the former being faster but inflexible, and the latter slower but more versatile. Here, we show that arbitration between these two forms of control can be derived from first principles within an Active Inference scheme. We illustrate our arguments…

  1. Mustapha Akanbi, Muhammed

    African Journals Online (AJOL)

    Mustapha Akanbi, Muhammed. Vol 6, No 1 (2015) - Articles Customary arbitration in Nigeria: a review of extant judicial parameters and the need for paradigm shift. Abstract PDF. ISSN: 2467-8392. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL ...

  2. 40 CFR 304.30 - Filing of pleadings.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Filing of pleadings. 304.30 Section... CLAIMS Hearings Before the Arbitrator § 304.30 Filing of pleadings. (a) Discovery shall be in accordance... nature of the substances contributed to the facility by each identified PRP, and a ranking by volume of...

  3. 5 CFR 9701.706 - MSPB appellate procedures.

    Science.gov (United States)

    2010-01-01

    ... is based on a finding of discrimination prohibited under 5 U.S.C. 2302(b)(1), the payment of... discipline in the workplace, an arbitrator, adjudicating official, or MSPB may not modify the penalty imposed... allegations of discrimination, judicial review of any final MSPB order or decision is as prescribed under 5 U...

  4. Constitutionalising the Right Legal Representation at CCMA ...

    African Journals Online (AJOL)

    Recently, the issue of legal representation at internal disciplinary hearings and CCMA arbitrations has been a fervent topic of labour law discourse in South Africa. While the courts have consistently accepted the common law principle that there is no absolute right to legal representation at tribunals other than courts of law, ...

  5. THE LEGAL FRAMEWORK FOR THE INSTITUTIONALISATION OF ...

    African Journals Online (AJOL)

    OLAWUYI

    2006-07-07

    Jul 7, 2006 ... This paper seeks to examine the mechanisms through which there has been an ... disputes.3 The necessary implication of the foregoing is that once a court ... of recourse to arbitration as a form of alternative dispute resolution are not ... Procedure) Rules of Lagos State (2004) makes provisions for the ...

  6. 78 FR 37261 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing of...

    Science.gov (United States)

    2013-06-20

    ... factor would advise arbitrators to consider, among other things, whether a party's ability to use a... ``native format'' (the form in which the electronic file was created) to a hard copy or static format will... party prints a Microsoft Word[supreg] document (``Word document'') and produces it in hard copy, it will...

  7. (MFN) CLAUSE IN INVESTMENT TREATIES

    African Journals Online (AJOL)

    Fr. Ikenga

    of inequalities and disparities in treatment in investment law, they carry a significant risk of over interpretation by .... The last question to be answered in relation to the meaning and ambit of the MFN clause is whether .... for domestic remedies as antecedents to international arbitral jurisdiction 'unduly add to the costs of a.

  8. Lex mercatoria in international arbitration theory and practice

    OpenAIRE

    ELCIN, Mert

    2012-01-01

    Defence date: 26 November 2012 Examining Board: Professor Fabrizio Cafaggi (EUI Supervisor) Professor Francesco Francioni (EUI) Professor Sandrine Clavel Université de Versailles-Saint Quentin Professor Fabrizio Marrella Università Cà Foscari di Venezia. First made available online: 2 August 2016 This dissertation suggests a new theory of lex mercatoria that takes into account the complex and spontaneous order of international commerce. Since the emphasis is put on the nature of t...

  9. El Arbitraje en Materia de Signos Distintivos Empresariales en el Sistema Jurídico Peruano El Arbitraje en Materia de Signos Distintivos Empresariales en el Sistema Jurídico Peruano

    Directory of Open Access Journals (Sweden)

    Carlos Alberto Matheus López

    2012-02-01

    Full Text Available Los autores inician el trabajo resaltando las características propias del Derecho Mercantil actual y la trascendencia de una de sus instituciones más importantes como es la marca. Seguidamente, se emprende el análisis del Arbitraje como una vía para solucionar conflictos en materia de signos distintivos empresariales, tocando de esta forma el tema de la disponibilidad de la cuestión litigiosa sometida a arbitraje, concluyendo con la idea de que es necesario el análisis específico del ordenamiento jurídico relacionado con la cuestión litigiosa para determinar la disponibilidad o no de una materia concreta. A continuación, se desarrollan las ideas esbozadas al inicio del trabajo, así se resalta que los signos distintivos empresariales, y especialmente las marcas, son instituciones que pertenecen a la disciplina mercantil y por este motivo el análisis de la disponibilidad de la cuestión litigiosa deberá desarrollarse dentro de los contornos del Derecho Mercantil y de los intereses que este ordenamiento busca proteger, los mismos que no son sólo los de los empresarios sino también los de los consumidores y los del sistema económico en general. Luego, se desarrolla el tema particular de la viabilidad de la aplicación de la institución arbitral en la etapa de concesión del derecho sobre la marca, diferenciando adecuadamente el tamiz supuesto por las prohibiciones absolutas y las prohibiciones relativas al registro de un signo como marca, reconociendo diferentes intereses protegidos por cada grupo de prohibiciones. A continuación, se analiza la aplicación de la institución arbitral luego de otorgado el derecho de exclusiva sobre la marca, diferenciandoen esta etapa tanto la faceta positiva y la faceta negativa del derecho sobre la marca así como las perspectivas de acción que cada una permite realizar al titular de la marca. Finalmente se rescata una idea que gira a través de todo el análisis realizado, la misma que apunta a

  10. Women of Niger Delta

    African Journals Online (AJOL)

    Religion Dept

    The Indispensability of Women in Conflict Resolution in the Niger Delta ... The situation leads to a shift in gender roles with a dramatic increase in the number of women .... organization is to work in partnership with the Nigerian Government and the .... that “women are the impartial arbitrators in family or clan disputes or.

  11. CAISSON: Interconnect Network Simulator

    Science.gov (United States)

    Springer, Paul L.

    2006-01-01

    Cray response to HPCS initiative. Model future petaflop computer interconnect. Parallel discrete event simulation techniques for large scale network simulation. Built on WarpIV engine. Run on laptop and Altix 3000. Can be sized up to 1000 simulated nodes per host node. Good parallel scaling characteristics. Flexible: multiple injectors, arbitration strategies, queue iterators, network topologies.

  12. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  13. Author Details

    African Journals Online (AJOL)

    Ahmad, Bilikis Ayinla. Vol 8, No 1 (2017) - Articles An appraisal of the nexus and disparities between arbitration and Alternative Dispute Resolution (ADR) Abstract PDF. ISSN: 2276-7371. AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians · for Authors · FAQ's · More about AJOL · AJOL's ...

  14. Equivalência de estímulos e autismo: uma revisão de estudos empíricos

    Directory of Open Access Journals (Sweden)

    Camila Graciella Santos Gomes

    Full Text Available O modelo de equivalência de estímulos oferece uma especificação operacional do comportamento simbólico e tem orientado o ensino e a verificação objetiva de repertórios novos. Pessoas com autismo, caracterizadas por apresentarem, entre outras alterações, graves déficits de linguagem, poderiam se beneficiar de estratégias baseadas neste modelo. Este artigo apresenta uma revisão de publicações de estudos empíricos com autistas, fundamentados no paradigma de equivalência. Os resultados mostraram sucesso de alguns participantes e fracasso de outros. Os fracassos parecem residir mais em dificuldades em aprender relações arbitrárias e menos na emergência de relações novas após aquisição da linha de base. O desafio para a área é desenvolver procedimentos que favoreçam a aprendizagem de relações arbitrárias e, consequentemente, a formação de classes de estímulos equivalentes.

  15. Critical analysis of mechanisms of incentive regulation operators of electricity and natural gas networks and infrastructures. Final report. Public version, 23 November 2015

    International Nuclear Information System (INIS)

    2015-01-01

    As the first mechanisms of incentive regulation of electricity and gas network operators have been introduced by the French Commission for Energy Regulation (CRE) since 2008 (the report recalls the main objectives of these mechanisms and their consequences), this report proposes a critical analysis of such mechanisms related to investments and to exploitation expenses of operators and which have been implemented in Germany, Spain, Ireland and in the United Kingdom. For each country, the report proposes a detailed description of these mechanisms for the electric power sector and the gas sector (general overview of the regulation framework, objectives, determination of the authorised income, shift processing, specific incentive mechanisms, modalities of management by the regulator), and a feedback of the different concerned actors (operators and regulators). The last part proposes a description of the status of the French regulation, and an analysis of transposition of the four foreign regulations, and states some propositions for evolutions (objectives, overview of recommended evolutions, focus on three types of regulation evolution: processing of arbitral charges, processing of other incited capital charges, processing of arbitral charges)

  16. Science and the rules governing anti-doping violations.

    Science.gov (United States)

    Bowers, Larry D

    2010-01-01

    The fight against the use of performance-enhancing drugs in sports has been in effect for nearly 90 years. The formation of the World Anti-Doping Agency in 1999 was a major event because an independent agency was entrusted with harmonization of the antidoping program. In addition to sports governing bodies, governments have endorsed WADA and its programs by signing a United Nations Education, Science, and Cultural Organization Convention on Doping. The first step in the harmonization process was the development of the World Anti-Doping Program. This program consisted of five documents - the Code, the International Standard for Testing, the International Standard for Laboratories, the Prohibited List, and the International Standard for Therapeutic Use Exemptions - which unified the approach of the international federations and national antidoping agencies in applying antidoping rules. For laboratory testing, the International Standard for Laboratories establishes the performance expectations for and competence of laboratories recognized by WADA, including accreditation under ISO/IEC 17025. The antidoping rules are adjudicated by arbitration using the internationally recognized Court of Arbitration for Sport.

  17. Efficient Fair Exchange from Identity-Based Signature

    Science.gov (United States)

    Yum, Dae Hyun; Lee, Pil Joong

    A fair exchange scheme is a protocol by which two parties Alice and Bob exchange items or services without allowing either party to gain advantages by quitting prematurely or otherwise misbehaving. To this end, modern cryptographic solutions use a semi-trusted arbitrator who involves only in cases where one party attempts to cheat or simply crashes. We call such a fair exchange scheme optimistic. When no registration is required between the signer and the arbitrator, we say that the fair exchange scheme is setup free. To date, the setup-free optimist fair exchange scheme under the standard RSA assumption was only possible from the generic construction of [12], which uses ring signatures. In this paper, we introduce a new setup-free optimistic fair exchange scheme under the standard RSA assumption. Our scheme uses the GQ identity-based signature and is more efficient than [12]. The construction can also be generalized by using various identity-based signature schemes. Our main technique is to allow each user to choose his (or her) own “random” public key in the identitybased signature scheme.

  18. Abolishment of 24-hour continuous medical call duty in quebec: a quality of life survey of general surgical residents following implementation of the new work-hour restrictions.

    Science.gov (United States)

    Hamadani, Fadi T; Deckelbaum, Dan; Sauve, Alexandre; Khwaja, Kosar; Razek, Tarek; Fata, Paola

    2013-01-01

    The implementation of work hour restrictions across North America have resulted in decreased levels of self injury and medical errors for Residents. An arbitration ruling in Quebec has led to further curtailment of work hours beyond that proposed by the ACGME. This may threaten Resident quality of life and in turn decrease the educational quality of surgical residency training. We administered a quality of life questionnaire with an integrated education quality assessment tool to all General Surgery residents training at McGill 6 months after the work hour restrictions. Across several strata respondents reveal a decreased sense of educational quality and quality of life. The arbitration argued that work- hour restrictions would be necessary to improve quality of life for trainees and hence improve patient safety. Results from this study demonstrate the exact opposite in a large majority of respondents, who report a poorer quality of life and a self-reported inability on their part to provide continuous and safe patient care. Copyright © 2013 Association of Program Directors in Surgery. Published by Elsevier Inc. All rights reserved.

  19. Embedded system of image storage based on fiber channel

    Science.gov (United States)

    Chen, Xiaodong; Su, Wanxin; Xing, Zhongbao; Wang, Hualong

    2008-03-01

    In domains of aerospace, aviation, aiming, and optic measure etc., the embedded system of imaging, processing and recording is absolutely necessary, which has small volume, high processing speed and high resolution. But the embedded storage technology becomes system bottleneck because of developing slowly. It is used to use RAID to promote storage speed, but it is unsuitable for the embedded system because of its big volume. Fiber channel (FC) technology offers a new method to develop the high-speed, portable storage system. In order to make storage subsystem meet the needs of high storage rate, make use of powerful Virtex-4 FPGA and high speed fiber channel, advance a project of embedded system of digital image storage based on Xilinx Fiber Channel Arbitrated Loop LogiCORE. This project utilizes Virtex- 4 RocketIO MGT transceivers to transmit the data serially, and connects many Fiber Channel hard drivers by using of Arbitrated Loop optionally. It can achieve 400MBps storage rate, breaks through the bottleneck of PCI interface, and has excellences of high-speed, real-time, portable and massive capacity.

  20. The procedure of dispute settlement in the atomic energy cooperation agreement

    International Nuclear Information System (INIS)

    Hyung, Sang Cheol

    2010-01-01

    'UN Charter' Article 33 writes; the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. And 'THE AGREEMENT OF 31 OCTOBER 1975 BETWEEN THE REPUBLIC OF KOREA AND THE AGENCY FOR THE APPLICATION OF SAFEGUARDS IN CONNECTION WITH THE TREATY ON THE NON-PROLIFERATION OF NUCLEAR WEAPONS' (INFCIRC/236) writes ; Any dispute arising out of the interpretation or application of this Agreement, except a dispute with regard to a finding by the Board under Article 19 or an action taken by the Board pursuant to such a finding, which is not settled by negotiation or another procedure agreed to by the Government of the Republic of Korea and the Agency shall, at the request of either, be submitted to an arbitral tribunal as above mentioned, the disagreeing parties prefer alternative dispute resolution, abbreviated ADR, to litigation. So we need to study the ADR

  1. A 250-Mbit/s ring local computer network using 1.3-microns single-mode optical fibers

    Science.gov (United States)

    Eng, S. T.; Tell, R.; Andersson, T.; Eng, B.

    1985-01-01

    A 250-Mbit/s three-station fiber-optic ring local computer network was built and successfully demonstrated. A conventional token protocol was employed for bus arbitration to maximize the bus efficiency under high loading conditions, and a non-return-to-zero (NRS) data encoding format was selected for simplicity and maximum utilization of the ECL-circuit bandwidth.

  2. 0652 Law Democracy and Development.indd

    African Journals Online (AJOL)

    2007-11-16

    Nov 16, 2007 ... 2 ENFORCEMENT OF ARBITRATION AWARDS. Importantly, the amended section 143(1) of the LRA now specifically pro- vides that an award issued by a CCMA commissioner is final and binding and may be enforced as if it were an order of the Labour Court, unless it was an advisory award. For this to ...

  3. Privat voldgift med offentligretlige delspørgsmål

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2008-01-01

    fælleskommunale selskaber mv. Der sondres i artiklen mellem inarbitrable delspørgsmål, der ikke kan påkendes af voldgiftsretten, og hvor en voldgiftskendelse derom kan kendes ugyldig alene pga. påkendelsen, og arbitrable delspørgsmål, der kan påkendes, men hvor voldgiftskendelsen kun kan blive ugyldig, hvis den...

  4. Late payment of freight and hire - power to award interest under the 1998 Act.

    OpenAIRE

    Okoli, Chukwuma

    2014-01-01

    Comments on the Commercial Court judgment in Martrade Shipping & Transport GmbH v United Enterprises Corp on whether to award interest under the Late Payment of Commercial Debts (Interest) Act 1998 in a dispute about a charterparty, which was governed by English law and referred to London arbitration, but otherwise had no significant connection with the UK.

  5. Case 1432: MAL 8(1)

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2014-01-01

    This publication reports a decision by the Supreme Court (Højesteret) of Denmark, 22 juni 2012 in case 210/2011 (1. afd.). Dregg v. Chr. Jensen Shipping. Published in Danish: Ugeskrift for Retsvæsen 2012 p. 3001 et seq. The decision relates to the U.N. Model Arbitration Law and the...

  6. Powernext 2002: 32 members 30% monthly growth a positive result

    International Nuclear Information System (INIS)

    2002-01-01

    Powernext SA is a Multilateral Trading Facility which organizes and warrants the transactions on the European power exchange market. This activity report presents the highlights of the market and of Powernext in 2002: evolution of prices, power consumption in France, supply and demand, power generation in France, arbitration with other markets, traded volumes, Powernext members. (J.S.)

  7. The uses of alternative dispute resolution to resolve genetic disputes. Final report

    Energy Technology Data Exchange (ETDEWEB)

    Stein, Robert E.

    2003-01-01

    The report sets out lessons learned while carrying out the study. It concludes that genetic disputes will increase in number and that ADR processes including mediation, arbitration, the use of independent experts and court-appointed masters can be helpful in resolving them. It suggests additional effort on bioremediation, and workplace disputes and training for ADR neutrals.

  8. 29 CFR 4221.6 - Hearing.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Hearing. 4221.6 Section 4221.6 Labor Regulations Relating... PLANS ARBITRATION OF DISPUTES IN MULTIEMPLOYER PLANS § 4221.6 Hearing. (a) Time and place of hearing established. Unless the parties agree to proceed without a hearing as provided in § 4221.5(c), the parties and...

  9. Think the war on doping is a force of good? Its ideals have been compromised all along

    DEFF Research Database (Denmark)

    Dimeo, Paul; Møller, Verner

    2015-01-01

    No doubt Lance Armstrong is still digesting the news that he has to repay $10m (£6.4m) to previous sponsors following a ruling by an arbitration panel a few weeks ago. This is on top of the lifetime ban from all sporting competitions that he was given several years back. Many probably think he got...

  10. issn 1727-3781 analysing the onus issue in dismissals emanating

    African Journals Online (AJOL)

    Admin

    Section 187 (1)(c), it is automatically unfair to dismiss an employee in order to compel the employee to accept a ..... of section 187(1)(c), [in order to discharge the onus in terms of section 192(1)]. In this regard it must be .... the matter for advisory arbitration reflected the employer's intention to avoid the bargaining process to ...

  11. The South China Sea Dispute: Perspective of International Law

    OpenAIRE

    Ma, Xuechan

    2016-01-01

    This article discusses the South China Sea dispute from the perspective of international law. First, it introduces some basic knowledge about international law in this field. In the second part, Spratly islands dispute is used as a concrete example to show how international law analyzes this kind of dispute. Finally, it analyzes the arbitration case between the Philippines and China.

  12. Trophies, Treasure, and Turmoil: College Athletics at a Tipping Point

    Science.gov (United States)

    Weaver, Karen

    2015-01-01

    College athletics fans would be hard pressed to find a year like 2014 in college-sports history. In this year alone, the US judicial and arbitration systems have had to address four major legal actions coming from current and former student athletes. All speak to a core issue: that colleges have not done enough to protect or provide for their…

  13. Dispêndios com alimentos no Brasil: uma contribuição ao estudo da forma funcional

    Directory of Open Access Journals (Sweden)

    Hideharu Carlos Ikehara

    1982-11-01

    Full Text Available This paper has contributed the study of the functional forms of aggregate demand of aliments, by using the date of ENDEF, a technique of Box-Cox and traditional models of demand. Their results have shown that the use of functional form would arbitrate a tendency with an error of estimation up to 552%. Anyway, it veriful that the obtained results with the procedure of Box Cox an perfectly currents with a priori expectations and with the empirical evidence pennilty a superior adjustment to the results obtained by traditional models.Contribuição ao estudo das formas funcionais de demanda agregada de alimentos, utilizando dados de corte seccional do ENDEF, a técnica de Box-Cox e modelos tradicionais de demanda. Resultados mostraram que o emprego de formas funcionais arbitrárias tende a produzir erros de estimação em até 552%, Verificou-se, também, que resultados obtidos com o procedimento de Box-Cox, são perfeitamente coerentes com as expectativas a priori e com evidência empírica, permitindo um ajustamento superior ao obtido pelos modelos tradicionalmente utilizados.

  14. Measures for protection of the environment and the breach of a foreign investor's rights

    Directory of Open Access Journals (Sweden)

    Đundić Petar

    2011-01-01

    Full Text Available The paper analyses the relationship between state measures aimed at protecting the environment and the so-called regulative expropriation of investment. Protection of the environment has established itself as a legitimate regulative purpose in legal doctrine and in a number of sources of international foreign investment law. In the analytical framework of police powers doctrine it would suggest that state measures taken for environmental reasons, even if they are harmful for the economic interests of foreign investor, cannot be considered regulative expropriation. However, arbitral practice shows more restrictive approach towards regulative freedom of states in this area. The right of state to regulate without imposition of a duty to compensate a foreign investor for his loss is not unconditionally accepted. The regulative measure must be taken in good faith, i.e. with the true purpose of protecting the environment and nondiscriminatory in its character. Furthermore, there is a tendency in arbitral practice that the legitimate regulative purpose of state measure is weighed against other factors such as legitimate expectations of a foreign investor and the level of his economic loss in order to determine whether the expropriation has occurred.

  15. Man Versus Machine: Comparing Double Data Entry and Optical Mark Recognition for Processing CAHPS Survey Data.

    Science.gov (United States)

    Fifolt, Matthew; Blackburn, Justin; Rhodes, David J; Gillespie, Shemeka; Bennett, Aleena; Wolff, Paul; Rucks, Andrew

    Historically, double data entry (DDE) has been considered the criterion standard for minimizing data entry errors. However, previous studies considered data entry alternatives through the limited lens of data accuracy. This study supplies information regarding data accuracy, operational efficiency, and cost for DDE and Optical Mark Recognition (OMR) for processing the Consumer Assessment of Healthcare Providers and Systems 5.0 survey. To assess data accuracy, we compared error rates for DDE and OMR by dividing the number of surveys that were arbitrated by the total number of surveys processed for each method. To assess operational efficiency, we tallied the cost of data entry for DDE and OMR after survey receipt. Costs were calculated on the basis of personnel, depreciation for capital equipment, and costs of noncapital equipment. The cost savings attributed to this method were negated by the operational efficiency of OMR. There was a statistical significance between rates of arbitration between DDE and OMR; however, this statistical significance did not create a practical significance. The potential benefits of DDE in terms of data accuracy did not outweigh the operational efficiency and thereby financial savings of OMR.

  16. The nuclear phase-out and its consequences

    International Nuclear Information System (INIS)

    Ludwigs, Markus

    2016-01-01

    As a lesson from the Fukushima nuclear disaster, a radical change has taken place in climate and energy policy in Germany since 2011. This is characterized by the phase-out of the nuclear energy, which is fixed by the 13th Atomic Enforcement Act, by the end of 2022. This entails a multitude of complex legal questions and subsequent problems. The latest decisions are the forthcoming decisions of the BVerfG on the constitutional consistency of the nuclear phase-out law and nuclear fuel tax, Vattenfall's much discussed arbitration award before the ICSID arbitration court, and controversial legal questions both in the context of the decommissioning and dismantling of nuclear power plants and the disposal of highly radioactive waste. In addition, the moral-ethical evaluation of the nuclear phase-out and the power turn-around is the focus of the interdisciplinary approach. The problem clusters are analyzed by the contributions of the anthology. He documents a conference organized by Professor Dr. Markus Ludwig, which took place on April 8, 2016, at the University of Wuerzburg, within the framework of a project funded by the Fritz Thyssen Stiftung (''The Law of the Energy Transition''). [de

  17. Open Platform for Limit Protection with Carefree Maneuver Applications

    Science.gov (United States)

    Jeram, Geoffrey J.

    2004-01-01

    This Open Platform for Limit Protection guides the open design of maneuver limit protection systems in general, and manned, rotorcraft, aerospace applications in particular. The platform uses three stages of limit protection modules: limit cue creation, limit cue arbitration, and control system interface. A common set of limit cue modules provides commands that can include constraints, alerts, transfer functions, and friction. An arbitration module selects the "best" limit protection cues and distributes them to the most appropriate control path interface. This platform adopts a holistic approach to limit protection whereby it considers all potential interface points, including the pilot's visual, aural, and tactile displays; and automatic command restraint shaping for autonomous limit protection. For each functional module, this thesis guides the control system designer through the design choices and information interfaces among the modules. Limit cue module design choices include type of prediction, prediction mechanism, method of critical control calculation, and type of limit cue. Special consideration is given to the nature of the limit, particularly the level of knowledge about it, and the ramifications for limit protection design, especially with respect to intelligent control methods such as fuzzy inference systems and neural networks.

  18. 75 FR 52054 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2010-08-24

    ...: Comments may be submitted either via the Board's e-filing format or in the traditional paper format. Any person using e-filing should attach a document and otherwise comply with the instructions at the E-FILING link on the Board's Web site, at http://www.stb.dot.gov . Any person submitting a filing in the...

  19. Sexual Harassment in Employment: Recent Judicial and Arbitral Trends.

    Science.gov (United States)

    Aeberhard-Hodges, Jane

    1996-01-01

    Review of national legislation and key cases on sexual harassment in North America, Europe, Asia, and Africa identified the following trends: recognition of harassment as employment discrimination, the importance of the legal framework used and the composition of the hearing body, the issue of individual or employer liability, and the influence of…

  20. recognition and enforcement of foreign arbitral awards in civil

    African Journals Online (AJOL)

    eliasn

    (CPC), rules on the recognition and enforcement of foreign judgments ..... copy of the judgment to be executed; and a certificate signed by the President or ...... Convention has been praised as: “the single most important pillar on which the.

  1. 77 FR 39572 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-07-03

    ... making changes to the Board's existing rules and establishing new rules. The Board also sought input.... SUMMARY: In a decision served on March 28, 2012, the Surface Transportation Board (Board) proposed... hearing time to call attention to the points they believe are particularly important. Witnesses should...

  2. Investor-state tribunals and constitutional courts: The Mexican sweeteners saga

    OpenAIRE

    Puig, Sergio

    2017-01-01

    This article tackles the complex question of the relationship between international and domestic adjudicatory bodies. It does so by analyzing the debate between liberals and developmentalists over the effects of investor-state arbitration tribunals on domestic courts. For liberals, investor-state tribunals are a positive complement to domestic judicial institutionsfor their ability to "de-politicize" investment disputes, leading to economic policy stability that encourages foreign investment....

  3. Managing the relational character of public-private partnership contracts

    OpenAIRE

    Cvetković, Predrag

    2015-01-01

    A public-private partnership contract has the character of a relational contract. Relational contracts are incomplete agreements governing transactions where the contracting parties have mutually agreed that it is impossible or economically inefficient to contractually define ex ante possible difficulties and contingencies in the contract implementation, nor the difficulties and contingencies underlying the ex post control of contract performance by a third entity (court or arbitration). Cons...

  4. 15th December 2010 - World Intellectual Property Organization Director-General F. Gurry signing the guest book with CERN Director-General R. Heuer; visiting CMS control room, experimental cavern and LHC tunnel with Collaboration Deputy Spokesperson J. Incandela, accompanied by M. Bona.

    CERN Multimedia

    Maximilien Brice

    2010-01-01

    CERN-HI-1012325 36, from left to right: WIPO Arbitration and Mediation Center, Global Issues Sector Director E. Wilbers; CERN Adviser, Relations with International Organisations, M. Bona; CMS Collaboration Deputy Spokesperson, University of California Santa Barbara J. Incandela; WIPO Deputy Director General, Global Issues Sector J. C. Wichard; WIPO Director-General F. Gurry; WIPO Executive Director and Chief of Staff, Office of the Director General N. Prasad.

  5. Engaging Military in Post-War Reconciliation: A Case Study of Implications for the Consolidation of Democracy in Sri Lanka

    Science.gov (United States)

    2013-03-01

    and Plattner, Civil-Military Relations and Democracy, 69. 15 engaged in nation building and are adopting the “dual function” ( socio and economic... socio -politically accepted norms, organizations, and procedures that can arbitrate between the government and the market. This can facilitate greater...British colonial rulers granted universal franchise to the Sri Lankans in 1938. Since then, a broader political organizing took place in the country

  6. OMNI: An optoelectronic multichannel network interface based on hybrid CMOS-SEED technology

    Science.gov (United States)

    Pinkston, Timothy M.

    1996-11-01

    This paper presents a hybrid CMOS-SEED multiprocessor network interface smart pixel design that implements a reservation-based channel control protocol for collisionless concurrent access to multiple optical interprocessor communication channels. An asynchronous optical token is used as the arbitration mechanism for reservation control instead of slotted access. This work demonstrates that complex network protocol functions can be implemented using optoelectronic smart pixel technology.

  7. Price and Service Discrimination in Queuing Systems: Incentive Compatibility of Gc\\mu Scheduling

    OpenAIRE

    Jan A. Van Mieghem

    2000-01-01

    This article studies the optimal prices and service quality grades that a queuing system---the "firm"---provides to heterogeneous, utility-maximizing customers who measure quality by their experienced delay distributions. Results are threefold: First, delay cost curves are introduced that allow for a flexible description of a customer's quality sensitivity. Second, a comprehensive executable approach is proposed that analytically specifies scheduling, delay distributions and prices for arbitr...

  8. Role of conflict in decision making

    International Nuclear Information System (INIS)

    Bellman, H.S.

    1986-01-01

    In the siting process for a low-level waste disposal facility, there is a place for conflict, negotiation, arbitration, and public involvement. Contrary to popular belief, conflict is good. It signals pluralism and demonstrates a distribution of power. Conflict should not be eliminated because it is a dynamic method of decision-making. Conflict causes negotiation, which leads to compromise. Conflict is the product of the legitimacy of dissent

  9. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    OpenAIRE

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

  10. The anaerobic digestion of urban sludges: evaluation, state of the art; La digestion anaerobie des boues urbaines: etat des lieux, etat de l'art

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-07-01

    This presentation brings an evaluation and a state of the art of the sewage sludges channel, in terms of de-pollution efficiency as energy production. It gives also economical references which allow long dated arbitration. These data underline the necessity of taking into account the investments, the operating costs and also the induced profits: sludges volume reduction and the associated charges, complete or part energy autonomy... (A.L.B.)

  11. One Step Back? Reassessing an Ideal Security State for Northeast Asia 2025

    Science.gov (United States)

    2011-03-01

    presented jointly by Malaysia and Vietnam. • The role of regional organizations (NOWPAP, COBSEA, PEMSEA) in addressing environmental problems in shared...drowned. After the Hebei Spirit collided with a Samsung crane barge in December 2007, 11,000 tons of oil leaked into the sea and onto the Korean...tribunals or binding arbitration to solve their problems, and prefer direct negotiation, but Malaysia and Singapore as well as Malaysia and Indonesia have

  12. JULIANO EL APÓSTATA Y LA EPISCOPALIS AUDIENTIA

    Directory of Open Access Journals (Sweden)

    Francisco Cuena Boy

    2017-06-01

    Full Text Available Starting from the understanding of the episcopalis audientia as a special type of arbitration, this work offers a reasonable interpretation of the meaning of three texts (Iul. ep. 114.437a, Greg. Nac. or. 4.96 and Sozom. hist. eccl. 5.18.1that seemed to support prima facie the idea that Julian the Apostate abolished the civil jurisdiction allegedly attributed to the bishops by Constantine.

  13. Decentralized vs. centralized economic coordination of resource allocation in grids

    OpenAIRE

    Eymann, Torsten; Reinicke, Michael; Ardáiz Villanueva, Óscar; Artigas Vidal, Pau; Díaz de Cerio Ripalda, Luis Manuel; Freitag, Fèlix; Meseguer Pallarès, Roc; Navarro Moldes, Leandro; Royo Vallés, María Dolores; Sanjeevan, Kanapathipillai

    2003-01-01

    Application layer networks are software architectures that allow the provisioning of services requiring a huge amount of resources by connecting large numbers of individual computers, like in Grid or Peer-to-Peer computing. Controlling the resource allocation in those networks is nearly impossible using a centralized arbitrator. The network simulation project CATNET will evaluate a decentralized mechanism for resource allocation, which is based on the economic paradigm of th...

  14. Legitimacy in global governance of sovereign default: the role of international investment agreements

    OpenAIRE

    Brahms, Lisa

    2013-01-01

    This paper analyzes the legitimacy of investor-state arbitration under international investment agreements in sovereign debt restructuring. The paper presents mechanisms governing sovereign default generally, namely collective action clauses and informal negotiation in the London and Paris clubs and then discusses how sovereign debt restructuring is governed by IIAs, looking at how the clauses affect restructuring. Taking the conception of legitimacy in global governance by Buchanan and Keoha...

  15. Risk-based investment trade-off related to building facility management

    Energy Technology Data Exchange (ETDEWEB)

    Taillandier, F. [Departement TIDS, Centre Scientifique et Technique du Batiment, 06904 Sophia Antipolis (France); Laboratoire Optimisation de la conception et Ingenierie de l' environnement, Polytech' Savoie, Universite de Savoie, 73376 Le Bourget du lac (France)], E-mail: franck.taillandier@univ-savoie.fr; Sauce, G. [Laboratoire Optimisation de la conception et Ingenierie de l' environnement, Polytech' Savoie, Universite de Savoie, 73376 Le Bourget du lac (France); Bonetto, R. [Departement TIDS, Centre Scientifique et Technique du Batiment, 06904 Sophia Antipolis (France)

    2009-04-15

    Due to his or her profession, any building facility manager has to face many decision-making situations. One of the most important to be mentioned is the arbitration of a multi-year maintenance plan for buildings. Deciding between proposed maintenance actions, according to several constraints, so as to aim at satisfying corporate strategy is a complex choice. Risk approaches can be particularly effective because of their ability to handle complexity and uncertainties. The problem is then to be able to propose a method considering risks, adapted to the specific context of building facility management. Our method, regarded as a traditional approach, includes needed resources (i.e. costs) according to constraints (i.e. budget), but it also considers several risk domains (safety, technical preservation, client satisfaction, etc.), through the consequences (gain and loss). It proposes an ergonomic arbitration system based on filters following two complementary approaches: a selection of the fundamental actions and then an optimization of the plan (in a global view). The aim, for decision-makers, is to build their own solution by testing multiple angles of vision in simulation logic. This article presents the principles of the method, illustrated by an example of a real case conducted for a leading French company.

  16. Surface rights issues in northeastern B.C

    International Nuclear Information System (INIS)

    Dellow, L.G.

    1998-01-01

    Surface rights issues regarding pipelines and flow lines in the province of British Columbia were discussed. The recent legislative developments in the province regarding the jurisdiction of the Mediation and Arbitration Board with respect to geophysical exploration, were reviewed. Applications to the Board are made when there is a refusal on the part of an owner to grant a surface lease satisfactory to the party seeking access to the land. The Board can then convene a mediation hearing to resolve the matter. Recent Mediation and Arbitration Board decisions were reviewed. Prior to 1995, the Board did not deal with cases relating to seismic operations. However, in 1995, the Board received an application from landowners requesting that a hearing be held to assess compensation for damages caused in the course of seismic operations conducted on the landowner's land. The Board decided that it had jurisdiction to hear the case and assess damages. At present, jurisdiction of the Board does not extend to pipelines., a shortcoming that should be remedied in order that the Board can appropriately deal with all intra-provincial pipeline surface right issues. Text of part 3 of the Petroleum and Natural Gas Act and Part 7 of the Railway Act, relevant to the subject under discussion, are appended

  17. Risk-based investment trade-off related to building facility management

    International Nuclear Information System (INIS)

    Taillandier, F.; Sauce, G.; Bonetto, R.

    2009-01-01

    Due to his or her profession, any building facility manager has to face many decision-making situations. One of the most important to be mentioned is the arbitration of a multi-year maintenance plan for buildings. Deciding between proposed maintenance actions, according to several constraints, so as to aim at satisfying corporate strategy is a complex choice. Risk approaches can be particularly effective because of their ability to handle complexity and uncertainties. The problem is then to be able to propose a method considering risks, adapted to the specific context of building facility management. Our method, regarded as a traditional approach, includes needed resources (i.e. costs) according to constraints (i.e. budget), but it also considers several risk domains (safety, technical preservation, client satisfaction, etc.), through the consequences (gain and loss). It proposes an ergonomic arbitration system based on filters following two complementary approaches: a selection of the fundamental actions and then an optimization of the plan (in a global view). The aim, for decision-makers, is to build their own solution by testing multiple angles of vision in simulation logic. This article presents the principles of the method, illustrated by an example of a real case conducted for a leading French company

  18. Remedios para un cuerpo político que declina. El arbitrismo de Manuel Gaytán de Torres y el estrechamiento de los vínculos transatlánticos de la monarquía hispánica (siglo XVII

    Directory of Open Access Journals (Sweden)

    Amadori, Arrigo

    2014-06-01

    Full Text Available This article analyses the memorials of Manuel Gaytán de Torres, a native of Jerez who developed an arbitrism of great scope, heterogeneity and originality of synthesis that articulates various issues and geographic spaces into a functional proposition of the Iberian world. His work facilitates an understanding of the intellectual construction of the polycentric monarchy from the perspective of an arbitrism in which the American viceroyalties are systematically related to the European world, and reproduces contemporary perceptions of the difficulties posed by the different dysfunctions of the Austrian possessions and their solutions.Este artículo analiza los memoriales del jerezano Manuel Gaytán de Torres, quien elaboró un arbitrismo de gran envergadura, heterogeneidad y originalidad de síntesis que articula problemáticas y espacios geográficos diversos en una propuesta funcional del mundo ibérico. Su obra permite contemplar la construcción intelectual de la monarquía policéntrica desde la óptica de un arbitrismo en el que los virreinatos americanos se relacionan de forma sistémica con el mundo europeo, reproduciendo las percepciones contemporáneas acerca de las dificultades y de las soluciones para los disfuncionamientos de las posesiones de los Austrias.

  19. Surgical malpractice in California: res judicata.

    Science.gov (United States)

    Barthel, Erik R; Stabile, Bruce E; Plurad, David; Kim, Dennis; Neville, Angela; Bricker, Scott; Putnam, Brant; Bongard, Fred

    2014-10-01

    Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pretrial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs' verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).

  20. Obligation of the host state to act transparently towards the foreign investor

    Directory of Open Access Journals (Sweden)

    Đundić Petar M.

    2016-01-01

    Full Text Available Provisions on obligation of a host state to act transparently towards foreign investors increasingly often find their way into bilateral investment treaties. Their goal is to provide the investor with all information concerning the investment's legal framework and which he needs in order to make an informed decision with regard to his investment. Certain provisions on transparency are so broad in their scope that they demand from the host state to provide an investor with a possibility to participate in the process of adoption of a state measure that could affect his interest. On the other hand, in arbitral practice the obligation to act transparently is traditionally seen as one of the elements of the fair and equitable treatment standard, although the practice has not so far provided a clear answer as to what is the exact role of this element and what is its relationship with other elements of the standard. The paper contains an analysis of transparency provisions from bilateral investment treaties concluded by the Republic of Serbia. The second part of the paper is dedicated to analysis of arbitral awards in which tribunals considered the transparency obligation as a part of the fair and equitable treatment standard.

  1. Intellectual property arguments in tobacco industry legal challenges: lessons from recently concluded cases

    Directory of Open Access Journals (Sweden)

    Suzanne Zhou

    2018-03-01

    A substantial body of jurisprudence now confirms that IP does not provide the scope of protection commonly claimed by the industry. Tobacco control practitioners faced with such arguments can be confident that they are unfounded. Country / measure / jurisdiction Australia - plain packaging (WTO dispute settlement system Australia - plain packaging (High Court of Australia Australia - plain packaging (investor-state arbitration Uruguay - restrictions on brand variants and 80% graphic health warnings (investor-state arbitration United Kingdom - standardised packaging (Court of Appeal of England and Wales IP issues Obligation to provide certain trademark protections under TRIPS Protection of trademark as property under constitution Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Expropriation of trademark as investment under treaty; fair and equitable treatment re treatment of trademarks Obligation to provide certain trademark protections under TRIPS and EU law; protection of trademark as property under European and UK law Decided in favour of Pending, reportedly Australia Australia, 2012 Australia, 2015 (dismissed at jurisdictional stage Uruguay, 2016 United Kingdom, 2016 Positive right to use trademark? Pending, point conceded as 'no' by complainants No Not decided No No Public health justification Pending Not applicable Not decided Yes Yes [Recent cases raising trademark issues

  2. Preventing Deadly Conflict

    Science.gov (United States)

    1997-12-01

    34an ounce of type-A botulinal toxin, properly dis- persed, could kill every man, woman , and child in North America. . . just eight ounces of the...attend to the short-term humanitarian needs generated by conflict, frequently a good deal of "wheel- spinning " occurs; little headway is made in...Empire’s millet system, for exam- ple, where the religious leaders of Judaism and several Christian churches were entrusted with arbitrating conflicts

  3. Working Notes of the 1990 Spring Symposium on Automated Abduction

    Science.gov (United States)

    1990-09-27

    arbitrating it, and updating the database can all be formidable. Conclusion Application of abduction to speech act recognition has used a methodology...inferences to correctly generalizes the plan to many other situations. Forex - compute the new situation B. For example suppose F is (alive ample, the...making assumptions that have nothing to do with unified with a fact in the database (a "zero cost proof"), the observaLion, the syntactic minimality

  4. A fast ADC scanner for multiparameter nuclear physics experiments

    International Nuclear Information System (INIS)

    Midttun, G.; Ingebretsen, F.; Holt, K.; Skaali, B.

    1983-04-01

    A fast readout system for multiparameter experiments in nuclear physics is described. The central part of the CAMAC aquisition hardware is an ADC scanner module. The scanner incorporates a new arbitration logic and direct memory access for simultaneous transfer of singles and correlated data. Together with specially designed ADC interfaces the system can be set up for any configuration of singles and multiparameter events from 1 up to 15 ADC's in one crate

  5. Judging Judges: From 'Principal-Agent Theory' to 'Constitutional Justice' in Multilevel 'Judicial Governance' of Economic Cooperation Among Citizens

    OpenAIRE

    Ernst-Ulrich Petersmann

    2008-01-01

    How should citizens evaluate the ever more important case law of international economic courts and their sometimes inadequate responses (e.g. by investor-state arbitration) to 'the governance gaps created by globalization (which) provide the permissive environment for wrongful acts by companies of all kinds without adequate sanctioning or reparation'? Section I recalls that the customary law requirement (as codified in the Vienna Convention on the Law of Treaties) of settling 'disputes concer...

  6. Whither probabilistic security management for real-time operation of power systems ?

    OpenAIRE

    Karangelos, Efthymios; Panciatici, Patrick; Wehenkel, Louis

    2016-01-01

    This paper investigates the stakes of introducing probabilistic approaches for the management of power system’s security. In real-time operation, the aim is to arbitrate in a rational way between preventive and corrective control, while taking into account i) the prior probabilities of contingencies, ii) the possible failure modes of corrective control actions, iii) the socio-economic consequences of service interruptions. This work is a first step towards the construction of a globally co...

  7. Representing Youth Migration. Comparative Study of Its Symbolic Imaginary on Television and Digital Social Networks

    Directory of Open Access Journals (Sweden)

    Joana Soto Merola

    2017-08-01

    Full Text Available This article describes the identity creation that emerges among young people who have emigrated to London searching for work. The discourse and imaginary arising from the general media and self-representations of young people are analysed, with a view to understanding how identity is negotiated in an interconnected global context, with media arbitration and where the nation state has lost its monopoly over the construction of images of identity.

  8. The First World War and the Discussions on Establishing the Universal International Organization

    OpenAIRE

    Khodnev Aleksandr

    2014-01-01

    Traditionally, historians begin the League of Nations’ history with the postwar settlement and the creation of the Versailles system. However, the continuity exists between the First World War and the emergence of international organization. There was no steady institution of multilateral diplomacy for the international arbitration before the War. The Hague Peace Conferences (1899, 1907) were not able to create strong international institutions. The ways out of the Great War and the mecha...

  9. The structure of production costs of the different energy channels and the occurred learning for the formation of market prices and the operators strategy; La structure des couts de production des differentes filieres energetiques et les enseignements qui peuvent en etre tires sur la formation des prix de marche et la strategie des operateurs

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2001-12-15

    The first part of the report aims to fill the gap of data base describing the primary energies costs and the formation of their prices under geopolitical constraints. The second part describes how the arbitration terms between primary energies are modified by the electric power sector liberalization. The last part presents the complexity of the strategies used by the energy sector operators. Some recommendations on the market regulation are provided. (A.L.B.)

  10. The structure of production costs of the different energy channels and the occurred learning for the formation of market prices and the operators strategy

    International Nuclear Information System (INIS)

    2001-12-01

    The first part of the report aims to fill the gap of data base describing the primary energies costs and the formation of their prices under geopolitical constraints. The second part describes how the arbitration terms between primary energies are modified by the electric power sector liberalization. The last part presents the complexity of the strategies used by the energy sector operators. Some recommendations on the market regulation are provided. (A.L.B.)

  11. A fast ADC scanner for multiparameter nuclear physics experiments

    International Nuclear Information System (INIS)

    Midttun, G.; Holt, K.; Ingebretsen, F.; Skaali, B.

    1983-01-01

    A fast readout system for multiparameter experiments in nuclear physics is described. The central part of the CAMAC aquisition hardware is an ADC scanner module. The scanner incorporates a new arbitration logic and direct memory access for simultaneous transfer of singles and correlated data. Together with specially designed ADC interfaces the system can be set up for any configurations of singles and multiparameter events from 1 up to 15 ADC's in one crate

  12. Overview of alternative dispute resolution in healthcare disputes.

    Science.gov (United States)

    Saravia, A

    1999-01-01

    Various methods of alternative dispute resolution have gained wide acceptance in general commercial disputes. With the ever-increasing commercialization of the healthcare industry, many participants are examining ADR as a means of resolving disputes in this area as well. This Commentary provides an overview of the two most prevalent forms of ADR (arbitration and mediation), and discusses ongoing legislative, judicial, and industry activities that will guide the application of ADR in the healthcare arena.

  13. Quantum Duality in Mathematical Finance

    OpenAIRE

    McCloud, Paul

    2017-01-01

    Mathematical finance explores the consistency relationships between the prices of securities imposed by elementary economic principles. Commonplace among these are replicability and the absence of arbitrage, both essentially algebraic constraints on the valuation map from a security to its price. The discussion is framed in terms of observables, the securities, and states, the linear and positive maps from security to price. Founded on the principles of replicability and the absence of arbitr...

  14. LEGAL APPROACHES TO ONLINE ARBITRATION: OPPORTUNITIES AND CHALLENGES IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Agustina Fitrianingrum

    2016-06-01

    Penggunaan elektronik dan internet dalam bisnis memberikan banyak peluang bagi pelaku bisnis untuk memperluas jaringan bisnisnya. Arbitrase online merupakan salah satu mekanisme yang memberikan alternative solusi ketika terjadi perselisihan dalam bisnis. Namun, pelaku bisnis akan menghadapi berbagai tantangan dalam menggunakan arbitrase online di Indonesia karena hukum arbitrase di Indonesia yang diatur dalam Undang-Undang No.30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa tidak secara khusus mengatur hal-hal yang menyangkut arbitrase online. Penelitian ini bertujuan untuk memberikan dasar pemikiran bukti pendukung terkait bahwa hukum di Indonesia juga mendukung pelaksanaan arbitrase online. Penelitian ini menggunakan pendekatan hukum normatif dengan metode kualitatif digunakan untuk mengalisa hukum di Indonesia yang relevan. Hasil penelitian ini menyimpulkan bahwa pelaku bisnis seharusnya tidak perlu merasa khawatir menggunakan arbitrase online untuk menyelesaikan sengketa bisnis karena hasil keputusan arbitrase online jelas dan dapat dieksekusi di Indonesia.

  15. 37 CFR 251.46 - Conduct of hearings: Role of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... shall have responsibility for: (1) Setting the order of presentation of evidence and appearance of... decorum of the parties and their counsel, and insuring that the proceedings are fair and impartial; and (5...

  16. Conflict Resolution in Meta-Organizations: The Peculiar Role of Arbitration

    NARCIS (Netherlands)

    K. Heine (Klaus); M. Kerk (Maximilian)

    2017-01-01

    textabstractMeta-organizations, such as joint ventures and other complex forms of inter-firm organizations, are characterized by the absence of formal authority. This lack of internal hierarchy can lead to severe conflicts between cooperating organizations and hencerequires specific governance. This

  17. 40 CFR Appendix II to Subpart V of... - Arbitration Rules

    Science.gov (United States)

    2010-07-01

    ... of the controversy, unless the parties agree otherwise. Section 8: Interpretation and Application of... privacy of the hearings unless the law provides to the contrary. Representatives of the MOD director, and...

  18. the machinery for enforcement of domestic arbitral awards in nigeria

    African Journals Online (AJOL)

    Mofasony

    award in the same manner as a judgement or order to the same effect. It is clear that ... It is only logical to observe that an award debtor cannot speak of a ... appealable, there is no attendant need to follow the general principle that an appeal.

  19. CERNET High Speed Data Link

    CERN Multimedia

    1975-01-01

    This card, based on a "4 slot DEC module", arbitrated the access priority of 15 datalinks of a CERNET node. Each datalinks could transfer data full duplex at 2.5 Mbit/sec over 1 Km of twisted pair (POD) cable. This was the frontier technology in 1980. The modest amount of integrated circuits was compensated by printing on the board photographs of the hardware designers, whose Belgian, Dutch and French nationality was underlined by the the short poem.

  20. An empirical analysis of smart contracts: platforms, applications, and design patterns

    OpenAIRE

    Bartoletti, Massimo; Pompianu, Livio

    2017-01-01

    Smart contracts are computer programs that can be consistently executed by a network of mutually distrusting nodes, without the arbitration of a trusted authority. Because of their resilience to tampering, smart contracts are appealing in many scenarios, especially in those which require transfers of money to respect certain agreed rules (like in financial services and in games). Over the last few years many platforms for smart contracts have been proposed, and some of them have been actually...

  1. Double taxation conventions in Romania Case: DSSs Râşnov vs. ANAf braşov

    OpenAIRE

    Dumiter Florin; Jimon Ștefania; Boiță Marius

    2017-01-01

    Conventions to avoid double taxation are the panacea of tax law, lato sensu, and direct taxation, stricto sensu. Although the current network of double taxation conventions has over 2500 tax treaties concluded by the world’s states, there are still issues that need to be addressed in their application: the anti-abuse provisions to be found in conventions, the practices of the type treaty shopping, LOB clauses, use of arbitration in the application of double taxation avoidance conventions. The...

  2. Women, children and advertising - legal and ethical aspects

    OpenAIRE

    Stejskalová, Radka

    2012-01-01

    The thesis titled "Women, children and advertising - legal and ethical aspects" deals with the portrayal of women and children in advertising. The aim of the thesis is to analyze advertising with a focus on the portrayal of women and children present to Arbitration Committee in the reporting period and propose recommendations for the future. The work also deals with the importance of legal and ethical rules that regulate advertising and focuses on content regulation of women and children.

  3. Reinventing oversight in the twenty-first century: the question of capacity

    International Nuclear Information System (INIS)

    Bosso, Christopher; DeLeo, Rob A.; Kay, W. D.

    2011-01-01

    This article addresses a key question emerging from this project based at the University of Minnesota: the fundamental capacity of government to engage in “dynamic oversight” of emergent technologies. This conception of oversight requires additional or new types of capacity for government agencies that must arbitrate conflicts and endow any outcomes with necessary democratic legitimacy. Rethinking oversight thus also requires consideration of the fundamental design and organizational capacity of the regulatory regime in the democratic state.

  4. Can the NHS breast screening programme afford not to double read screening mammograms?

    International Nuclear Information System (INIS)

    Liston, J.C.; Dall, B.J.G.

    2003-01-01

    AIM: Rapid expansion of the National Health Service (UK) Breast Screening Programme (NHSBSP) to routinely invite women aged 50-70 years will result in many new readers undertaking screen reading. A timely method for assessing performance and preferably one that facilitates a steep learning curve will be required. MATERIALS AND METHODS: This unit screens a population of 88000 women aged 50-64 years and double reads >90% films. A record is kept of proven screen-detected cancers not recalled for assessment by either the first or second reader but correctly recalled following third-reader arbitration. Individual readers' workload and recall rates are obtained by running an annual co-writer report. The results of this 7 year prospective audit are presented. RESULTS: In total 177167 women were screened between 1/4/95 and 31/3/02 resulting in the detection of 1072 cancers. Eighty-seven cancers (8.1%) were detected after arbitration. Individual readers recall to assessment rates and percentage of cases incorrectly returned to routine recall varied. Prompt feedback of missed/misinterpreted cases allowed both experienced and inexperienced readers to modify their recall thresholds for particular mammographic abnormalities. CONCLUSION: It is recommended this audit method is adopted by all units in the NHSBSP and that the Advisory Committee for Breast Cancer Screening review the policy of single versus double reading

  5. LA LEX MERCATORIA EN LOS LAUDOS DE LA CÁMARA DE COMERCIO INTERNACIONAL

    Directory of Open Access Journals (Sweden)

    Silvana Grande

    2008-01-01

    Full Text Available En el derecho internacional es muy conocida la controversia sobre la existencia de un ordenamiento jurídico regulador del comercio internacional, también denominada doctrina de la lex mercatoria. Los diferentes argumentos de la doctrina en debate se presentan como irreconciliables, sin embargo, todos ellos se basan en postulados comunes. Este artículo está dedicado a explicar el consenso que aparece en la disputa y confrontarlo con la práctica arbitral internacional para averiguar si dicho acuerdo alcanza para justificar la lex. Con ese propósito analizamos los laudos de la Cámara de Comercio Internacional relativos a la elección del derecho aplicable al fondo del litigio y en los cuales los árbitros no contaban con facultades para pronunciarse ex aequo et bono. El resultado principal del estudio es que la existencia de la lex mercatoria no puede ser demostrada por la práctica arbitral bajo las condiciones comunesde la doctrina. La única certeza en los laudos es la remisión a los usos del comercio internacional, y el reconocimiento de principios generales establecidos en instrumentos universalmente aceptados. En conclusión, la lex mercatoria necesita fundamento dogmático y fáctico. Es la filosofía del derecho quien debe indagar la legitimidad y estructura del derecho comercial internacional.

  6. One long chain among shorter chains : the Flory approach revisited

    OpenAIRE

    Raphaël , E.; Fredrickson , G.; Pincus , P.

    1992-01-01

    We consider the mean square end-to-end distance of a long chain immersed in a monodisperse, concentrated solution of shorter, chemically identical chains. In contrast with the earlier work of Flory, no simplifying assumption on the wave vector dependence of the effective potential between segments is made. In order to obtain a closed form expression for the dimension of the long chain, we first derive a general expression for the mean square end-to-end distance of a flexible chain with arbitr...

  7. New developments in segment ancillary logic for FASTBUS

    International Nuclear Information System (INIS)

    Walz, H.V.; Bertolucci, B.

    1983-01-01

    Segment Ancillary Logic hardware for FASTBUS systems provides logical functions required in common by all devices attached to a segment. It controls the execution of arbitration cycles, and geographical address cycles, and generates the system handshake responses for broadcast operations. The mandatory requirements for Segment Ancillary Logic in the FASTBUS specifications are reviewed. A detailed implementation based on ECL logic is described, and the hardware to be used on an ECL cable segment for an experimental FASTBUS system at SLAC is shown

  8. Theoretical and Practical Significance of the Issue of Maritime Delimitation in the Law of the Sea

    OpenAIRE

    Lakićević-Đuranović, Bojana

    2017-01-01

    This paper aims to show the significance of maritime delimitation in the Law of the Sea, as well as the contribution of international jurisprudence to the creation of the rules of maritime delimitation. The decisions of the International Court of Justice (ICJ) and the awards of arbitration tribunals are especially significant in the part of the Law of the Sea dealing with maritime delimitation. Based on the analysis of the principle of equity and the method of equidistance, the jurisprudence ...

  9. Постоянная палата третейского суда как средство мирного разрешения международных споров

    OpenAIRE

    Пешнин, А.

    2009-01-01

    The Permanent Court of Arbitration (PCA) was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference. The Conference was convened at the initiative of Czar Nicolas II of Russia «with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace, and above all, of limiting the progressive development of existing armaments». The most lasting ach...

  10. LA LEX MERCATORIA EN LOS LAUDOS DE LA CÁMARA DE COMERCIO INTERNACIONAL

    OpenAIRE

    Silvana Grande

    2008-01-01

    En el derecho internacional es muy conocida la controversia sobre la existencia de un ordenamiento jurídico regulador del comercio internacional, también denominada doctrina de la lex mercatoria. Los diferentes argumentos de la doctrina en debate se presentan como irreconciliables, sin embargo, todos ellos se basan en postulados comunes. Este artículo está dedicado a explicar el consenso que aparece en la disputa y confrontarlo con la práctica arbitral internacional para averiguar si dicho ac...

  11. Damages as a Form of Responsibility of the Contract Parties for Breach of Contract

    Directory of Open Access Journals (Sweden)

    Natalia A. Temnikova

    2016-07-01

    Full Text Available The reform of the Civil code of the Russian Federation has significantly changed the provisions governing the obligations also through review of the main approaches to the compensation of damages. In Russia the applicability of such a sanction as compensation for damages has been unreasonably narrowed for a long time. This paper analyzes the general approaches and principles of the updated legislation and judicial practice concerning the proof and compensation of damages in civil and arbitration proceedings.

  12. The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

    Directory of Open Access Journals (Sweden)

    Antonio Fuccillo

    2017-09-01

    Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

  13. The status of applying stable isotope in the studies of environmental science

    International Nuclear Information System (INIS)

    Bai Zhipeng; Zhang Liwen; Zhu Tan; Feng Yinchang

    2007-01-01

    The stable isotope composition is characteristic in the pollution source, and it is relatively fixed in the process of transferring and reaction. At present the precise analysis result of stable isotope ratio can be obtained easily. So the stable isotopes can be applied to the pollution affair arbitration and source study. The concept and analytical method of stable isotopes are introduced. The research status of the stable isotopes in the field of environmental science and the isotope fractionation is reviewed. (authors)

  14. Mercados eficientes e arbitragem: um estudo sob o enfoque das finanças comportamentais

    Directory of Open Access Journals (Sweden)

    Tarcísio Saraiva Rabelo Junior

    2004-04-01

    Full Text Available A Hipótese dos Mercados Eficientes (HME tem se mostrado uma das mais influentes teorias no campo das finanças, sendo base para inúmeros modelos de precificação de ativos, com aplicações que vão desde modelos tradicionais utilizados em Finanças Corporativas até avançadas teorias utilizadas na identificação do preço "justo" de derivativos financeiros. Um dos pilares da HME é a possibilidade da arbitragem como mecanismo de correção de possíveis desvios que o mercado possa sofrer de sua forma eficiente.Pela teoria clássica dos mercados eficientes, mesmo em um ambiente caracterizado pela presença de alguns investidores não totalmente racionais, a possibilidade de arbitragem anularia o efeito destes nos preços dos ativos negociados, trazendo-os de volta ao seu valor fundamental. Um campo relativamente novo e de crescente importância das finanças, denominado Finanças Comportamentais, tem mostrado, entretanto, que nos mercados reais a possibilidade de arbitragem é, muitas vezes, custosa e não passível de realização, comprometendo sua utilização como ferramenta reguladora do mercado e, até mesmo, a definição clássica de sua eficiência, que é a de refletir corretamente nos preços as informações existentes sobre os ativos financeiros. Este trabalho aborda a importância da arbitragem para a HME, discutindo seus aspectos teóricos. Posteriormente, são levantados, através de uma abordagem derivada das Finanças Comportamentais, os principais problemas existentes quanto à sua efetiva utilização nos mercados reais e as conseqüências destes para a HME.The Efficient Market Hypothesis (EMH has revealed to be one of the most influential theories in finance and constitutes the basis for countless asset pricing models. Its applications range from traditional Corporate Finance models to advanced theories, used to identify the just price of financial derivatives. One of the EMH pillars is the possibility of arbitration

  15. Quantum multi-signature protocol based on teleportation

    International Nuclear Information System (INIS)

    Wen Xiao-jun; Liu Yun; Sun Yu

    2007-01-01

    In this paper, a protocol which can be used in multi-user quantum signature is proposed. The scheme of signature and verification is based on the correlation of Greenberger-Horne-Zeilinger (GHZ) states and the controlled quantum teleportation. Different from the digital signatures, which are based on computational complexity, the proposed protocol has perfect security in the noiseless quantum channels. Compared to previous quantum signature schemes, this protocol can verify the signature independent of an arbitrator as well as realize multi-user signature together. (orig.)

  16. Conflito organizacional e gestão de recursos humanos

    OpenAIRE

    Atalho, Pedro Filipe Lourenço do

    2016-01-01

    Códigos do JEL Classification System: JEL: D74 – Conflict; Conflict Resolution; Alliances; JEL: J52 – Dispute Resolution: Strikes, Arbitration, and Mediation; Collective bargaining O conflito é uma realidade quase ubíqua do ambiente organizacional e, devido a um conjunto de mudanças sociais e estruturais, é cada vez mais frequente e mais diverso. Assim, é cada vez mais essencial gerir o conflito de forma estratégica, de forma a não só evitar as suas consequências negativas, ...

  17. Dispêndios com alimentos no Brasil: uma contribuição ao estudo da forma funcional

    OpenAIRE

    Hideharu Carlos Ikehara

    1982-01-01

    This paper has contributed the study of the functional forms of aggregate demand of aliments, by using the date of ENDEF, a technique of Box-Cox and traditional models of demand. Their results have shown that the use of functional form would arbitrate a tendency with an error of estimation up to 552%. Anyway, it veriful that the obtained results with the procedure of Box Cox an perfectly currents with a priori expectations and with the empirical evidence pennilty a superior adjustment to the ...

  18. Conflict Resolution by Mediation – A Short Analysis of the Situation in Romania

    Directory of Open Access Journals (Sweden)

    Christian Radu CHEREJI

    2005-10-01

    Full Text Available Alternative dispute resolution methods (ADR, although more than two decades old in northern-American and western-European legal systems, are almost unknown in Romania. Only arbitration in commercial matters and mediation of labor conflicts are regulated by law and practice. The present article describes the efforts made by lawmakers to pass a bill of mediation as a non-judiciary method of conflict resolution, and offers an insight into the main aspects contained in the project currently being discussed in the Romanian Parliament.

  19. 77 FR 2279 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-17

    ... laundry services; (4) failed to pay the cost of replacing certain laundry machines in 2003 and/or failed...), call the Federal Relay Service (FRS), toll free, at 1-(800) 877-8339. Individuals with disabilities can... management of a facility comprised of laundry equipment and vending machines at the Fairton Federal...

  20. 77 FR 20012 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-04-03

    ... Facility Program in Complainant's bid to manage the laundry services at the United States Penitentiary... the laundry services at McCreary Prison. Following the signing of the IGA between the SLA and McCreary... the deaf (TDD), call the Federal Relay Service (FRS), toll-free, at 1-800-877-8339. Individuals with...

  1. 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 ...

  2. 75 FR 22540 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-04-29

    ... the Authority's existing practice for calculating the date for filing timely exceptions, so that the... general rules regarding calculating filing periods; and Sec. 2429.22 to specify that the rules set forth..., investment, productivity, innovation, or on the ability of United States-based companies to compete with...

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

    OpenAIRE

    Alba Betancourt, Ana

    2016-01-01

    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 a...

  4. 76 FR 48831 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-08-09

    ... to manage the Marion County vending route comprised of vending machines at the Oregon Department of... cafeteria was selling items in competition with Complainant's vending machines. On October 4, 2006... vendor complained of unexpected low earnings soon after he began operating the vending machines. Thus...

  5. 75 FR 48955 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... closing Break Room A and removing the vending machines for 34 days, and what compensatory damages, if any... vending machine facility operated by a blind vendor at the USPS's Chicago Processing and Distribution... cafeteria operations are exempt from the Act and whether the vending machines operated by a private vendor...

  6. 76 FR 21871 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-04-19

    ... Administrative Law Judge (ALJ) issued a recommended decision. On November 14, 2008, the SLA adopted the ALJ's... Complainant after his eligibility restoration to bid on other locations. In addition, the SLA reimbursed... SLA agreed to provide complainant assistance with bidding on new vending locations. However, the SLA...

  7. 75 FR 42283 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-07-21

    ... supported the provision of assistance from the Authority's Collaboration and Alternative Dispute Resolution... that ``the requirements and relevant material regarding alternative dispute resolution be set forth... regulation set forth ``the requirements and relevant material regarding alternative dispute resolution...

  8. Can two dots form a Gestalt? Measuring emergent features with the capacity coefficient.

    Science.gov (United States)

    Hawkins, Robert X D; Houpt, Joseph W; Eidels, Ami; Townsend, James T

    2016-09-01

    While there is widespread agreement among vision researchers on the importance of some local aspects of visual stimuli, such as hue and intensity, there is no general consensus on a full set of basic sources of information used in perceptual tasks or how they are processed. Gestalt theories place particular value on emergent features, which are based on the higher-order relationships among elements of a stimulus rather than local properties. Thus, arbitrating between different accounts of features is an important step in arbitrating between local and Gestalt theories of perception in general. In this paper, we present the capacity coefficient from Systems Factorial Technology (SFT) as a quantitative approach for formalizing and rigorously testing predictions made by local and Gestalt theories of features. As a simple, easily controlled domain for testing this approach, we focus on the local feature of location and the emergent features of Orientation and Proximity in a pair of dots. We introduce a redundant-target change detection task to compare our capacity measure on (1) trials where the configuration of the dots changed along with their location against (2) trials where the amount of local location change was exactly the same, but there was no change in the configuration. Our results, in conjunction with our modeling tools, favor the Gestalt account of emergent features. We conclude by suggesting several candidate information-processing models that incorporate emergent features, which follow from our approach. Copyright © 2015 Elsevier Ltd. All rights reserved.

  9. The offer to eligible clients and gas purchase

    International Nuclear Information System (INIS)

    Willson, G.; Brun, C.; Lautard, Ph.

    2003-01-01

    This article gathers 4 presentations given at the 2003 natural gas congress of Paris about the impacts of the deregulation of the natural gas market. The first presentation presents the impact of the UK gas market deregulation on the energy expenses of the French tire manufacturer Michelin. The second presentation treats of Gaz de France offer to eligible clients. The third presentation presents the operation of the gas hub of Zeebrugge and the arbitration of prices, and the last presentation deals with the gas trading activity of Total company. (J.S.)

  10. Study 1: the concept ''carbon value'' evaluations and applications among the policies fighting against the climatic change

    International Nuclear Information System (INIS)

    Blanchard, O.; Criqui, P.

    2000-01-01

    This study fits into the discussions resulting from the the General Commission report ''Energy 2010-2020'', about the risk management associated to the energy development, including the climatic change. The study presents in a first part the methodological aspects leading to the definition of the carbon concept and in a second part it analyses and compares the carbon values obtained in few simulations. The future political stake will be to implementing regulations or economic methods allowing a fair arbitration between economic efficiency and equity in the imposed loads distribution. (A.L.B.)

  11. THE IMPACT OF THE ECONOMIC CRISIS ON FOREIGN DIRECT INVESTMENT IN ROMANIA

    Directory of Open Access Journals (Sweden)

    CIURLĂU LOREDANA

    2014-05-01

    Full Text Available Foreign Direct Investment (FDI bring an essential contribution to economic growth. They create jobs, optimize the allocation of resources, technology transfer and stimulate trade. Doing business in Romania needs friendly taxation and economic freedom for entrepreneurs, including to foreign investors, creating a favourable economic environment framework by promoting conditions conducive to attracting foreign investors, such as: fair treatment, fair and non-discriminatory manner; protection from illegal situated between kilometeres; the appeal directly to international arbitration, as well as the transformation of Romania into an attractive environment in terms of taxation.

  12. LA ACCIÓN DE INAPLICABILIDAD POR INCONSTITUCIONALIDAD EN EL DERECHO CHILENO SOBRE ARBITRAJE INTERNO: ALGUNAS PROPUESTAS

    OpenAIRE

    Jequier Lehuedé, Eduardo

    2013-01-01

    La presente investigación trata de la acción de inaplicabilidad por inconstitucionalidad, contemplada en el art. 93 N° 6 de la Constitución Política de 1980, y su concreta aplicación en el marco del juicio arbitral interno o doméstico. Se analiza la manera en que la acción de inaplicabilidad por inconstitucionalidad se inserta en la estructura dogmática del arbitraje interno en Chile, según sus diversas variantes, para determinar en definitiva si dicho arbitrio constitucional resulta o no apl...

  13. The Energy Charter Treaty and settlement of disputes – current challenges

    Directory of Open Access Journals (Sweden)

    Iuliana-Gabriela Iacob

    2016-06-01

    Full Text Available The Energy Charter Treaty (the “ECT” is a multilateral agreement aiming to promote energy cooperation and security. This paper focuses on the provisions of the ECT governing the protection of foreign investments and the settlement of disputes between investors and host states. In particular, this paper analyses the recent developments and challenges in the field of dispute settlement under the ECT, such as the increase in arbitrations, the withdrawal of Italy from the ECT, as well as the interplay between EU law and the ECT.

  14. Dispêndios com alimentos no Brasil: uma contribuição ao estudo da forma funcional

    OpenAIRE

    Ikehara, Hideharu Carlos; Universidade Estadual de Londrina

    1982-01-01

      Contribuição ao estudo das formas funcionais de demanda agregada de alimentos, utilizando dados de corte seccional do ENDEF, a técnica de Box-Cox e modelos tradicionais de demanda. Resultados mostraram que o emprego de formas funcionais arbitrárias tende a produzir erros de estimação em até 552%, Verificou-se, também, que resultados obtidos com o procedimento de Box-Cox, são perfeitamente coerentes com as expectativas a priori e com evidência empírica, permitindo um ajustamento superior ao ...

  15. Causal inference and temporal predictions in audiovisual perception of speech and music.

    Science.gov (United States)

    Noppeney, Uta; Lee, Hwee Ling

    2018-03-31

    To form a coherent percept of the environment, the brain must integrate sensory signals emanating from a common source but segregate those from different sources. Temporal regularities are prominent cues for multisensory integration, particularly for speech and music perception. In line with models of predictive coding, we suggest that the brain adapts an internal model to the statistical regularities in its environment. This internal model enables cross-sensory and sensorimotor temporal predictions as a mechanism to arbitrate between integration and segregation of signals from different senses. © 2018 New York Academy of Sciences.

  16. Practical Leakage-Resilient Symmetric Cryptography

    DEFF Research Database (Denmark)

    Faust, Sebastian; Pietrzak, Krzysztof; Schipper, Joachim

    2012-01-01

    Leakage resilient cryptography attempts to incorporate side-channel leakage into the black-box security model and designs cryptographic schemes that are provably secure within it. Informally, a scheme is leakage-resilient if it remains secure even if an adversary learns a bounded amount of arbitr......Leakage resilient cryptography attempts to incorporate side-channel leakage into the black-box security model and designs cryptographic schemes that are provably secure within it. Informally, a scheme is leakage-resilient if it remains secure even if an adversary learns a bounded amount...

  17. NAVIER-STOKES EM GPU

    OpenAIRE

    ALEX LAIER BORDIGNON

    2006-01-01

    Nesse trabalho, mostramos como simular um fluido em duas dimensões em um domínio com fronteiras arbitrárias. Nosso trabalho é baseado no esquema stable fluids desenvolvido por Joe Stam. A implementação é feita na GPU (Graphics Processing Unit), permitindo velocidade de interação com o fluido. Fazemos uso da linguagem Cg (C for Graphics), desenvolvida pela companhia NVidia. Nossas principais contribuições são o tratamento das múltiplas fronteiras, o...

  18. A nuclear data acquisition system flow control model

    International Nuclear Information System (INIS)

    Hack, S.N.

    1988-01-01

    A general Petri Net representation of a nuclear data acquisition system model is presented. This model provides for the unique requirements of a nuclear data acquisition system including the capabilities of concurrently acquiring asynchronous and synchronous data, of providing multiple priority levels of flow control arbitration, and of permitting multiple input sources to reside at the same priority without the problem of channel lockout caused by a high rate data source. Finally, a previously implemented gamma camera/physiological signal data acquisition system is described using the models presented

  19. A 64 Mbyte VME histogramming memory card for the GA.SP gamma spectrometer

    International Nuclear Information System (INIS)

    Cavedini, Z.; DePoli, M.; Maron, G.; Vedovato, G.

    1990-01-01

    This paper reports on a 64 Mbyte VME histogramming memory card designed and built to cover the on-line and off-line data analysis needs of the GA.SP spectrometer (a 40 HpGe gamma detector array in development at LNL). The card combines the standard features of the VME/VSB bus with some special built-in functions: single cycle fast histogramming operations (typical channel increment time of 550 ns including the bus arbitration), fast clear of the whole memory (∼1 second to erase 64 Mbyte) and data broadcasting

  20. Alternative dispute resolution: methods to address workplace conflict in health services organizations.

    Science.gov (United States)

    DeSouza, J R

    1998-01-01

    As healthcare organizations become increasingly complex, healthcare administrators and human resource managers face the cost and challenges of employment-related disputes. Litigation and legal costs associated with employment disputes are escalating at a significant rate. Additionally, litigation procedures are drawn out and damage the employer-employee relationship. Alternative dispute resolution (ADR) programs such as mediation and arbitration alleviate the burden of litigation and preserve positive employment relationships between the organization and its employees. A proposed ADR program is presented is a guideline for health services organizations considering the adoption of such programs.