WorldWideScience

Sample records for arbitration

  1. Arbitrated quantum signature with an untrusted arbitrator

    Science.gov (United States)

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

    2011-02-01

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

  2. Emergency Arbitration

    OpenAIRE

    Hakanen, Jussi

    2013-01-01

    Viime vuosien aikana monet vÀlitysinstituutit ovat lisÀnneet vÀlityssÀÀntöihinsÀ ehtoja pikaturvaamismenettelystÀ (engl. Emergency Arbitration). Pikaturvaamismenettely tarkoittaa menettelyÀ, jossa osapuoli voi hakea vastapuolta vastaan turvaamistoimia vÀlityslautakunnan mÀÀrÀÀmÀltÀ pikavÀlimieheltÀ (engl. Emergency Arbitrator) silloin kun vÀlimiesoikeutta ei ole vielÀ muodostettu. TÀssÀ tutkielmassa tarkastellaan erityisesti Keskuskauppakamarin vÀlimieslautakunnan (FCC)...

  3. 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...... handled. The author, who often acts as arbitrator in Danish and International arbitration cases, will analyse the options which the parties have under the new Danish arbitration act (hereinafter called the AA) for influencing how their case is handled, and thus for making this process more efficient. This...

  4. Arbitration and Judicialization

    OpenAIRE

    Alec Stone Sweet

    2011-01-01

    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...

  5. Arbitration in Academe.

    Science.gov (United States)

    Douglas, Joel, Ed.

    1989-01-01

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

  6. International Commercial Arbitration in Bolivia

    OpenAIRE

    Elena P. Ermakova

    2014-01-01

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

  7. Trends in Public Sector Arbitration.

    Science.gov (United States)

    Graham, Harry; Wallace, Virginia

    1982-01-01

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

  8. Transnational Litigation and Commercial Arbitration

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

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

  9. 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...

  10. My experience in arbitration

    Directory of Open Access Journals (Sweden)

    Claude Witz

    2011-12-01

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

  11. Fair trial in international commercial arbitration

    OpenAIRE

    saleh khedri

    2015-01-01

    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...

  12. A Welfare Analysis of Arbitration

    OpenAIRE

    Wojciech Olszewski

    2011-01-01

    The paper compares conventional and final-offer arbitration. One party is supposed to make a payment to another party, whose amount depends on a state. Under one scenario, parties obtain signals about the state, which cannot be recognized by the opponents. If the arbitrator's ability of recognizing signals is high, the frequency of requesting arbitration is lower under conventional than under final-offer arbitration. If this ability is low, final-offer arbitration dominates conventional arbit...

  13. International Commercial Arbitration in Venezuela

    OpenAIRE

    Elena P. Ermakova

    2014-01-01

    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, ...

  14. Key criteria in appointment of arbitrators in international arbitration

    Directory of Open Access Journals (Sweden)

    Bazil Oglindă

    2015-12-01

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

  15. Improving Arbitration: Roles of Parties and Agencies

    Science.gov (United States)

    Power, James F.

    1972-01-01

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

  16. Trends in Arbitrability

    OpenAIRE

    Beata Kozubovska

    2014-01-01

    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 ...

  17. 50 CFR 680.20 - Arbitration System.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 9 2010-10-01 2010-10-01 false Arbitration System. 680.20 Section 680.20... Measures § 680.20 Arbitration System. (a) Applicability—(1) Arbitration System. All CVO QS, Arbitration IFQ... establish the Arbitration System. Certain parts of the Arbitration System are voluntary for some parties,...

  18. Fair trial in international commercial arbitration

    Directory of Open Access Journals (Sweden)

    saleh khedri

    2015-12-01

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

  19. Provisional measures in ICSID arbitration

    OpenAIRE

    Marta Ābula

    2014-01-01

    Abstract The author researches the institute of provisional measures in ICSID arbitration proceedings – its historical development and interpretation in the practice of ICSID arbitration. In the research the author conducts comprehensive analysis of the types of provisional measures through empirical analysis of the practice of ICSID arbitration. The author separates procedural and material preconditions to recommend provisional measures in ICSID arbitration. In the context of procedural p...

  20. Labor Arbitration and Dispute Resolution.

    Science.gov (United States)

    Getman, Julius G.

    1979-01-01

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

  1. International Commercial Arbitration in Bolivia

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-03-01

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

  2. Arbitration and Judicialization

    Directory of Open Access Journals (Sweden)

    Alec Stone Sweet

    2011-12-01

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

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

    International Nuclear Information System (INIS)

    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. Trends in Arbitrability

    Directory of Open Access Journals (Sweden)

    Beata Kozubovska

    2014-05-01

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

  5. International Commercial Arbitration Law

    OpenAIRE

    Kačevska, Inga

    2010-01-01

    Anotācija Starptautiskā komerciālā arbitrāža ir svarīgs, efektīvs, privāts un tradicionāls strīda izšķiršanas mehānisms, tādēļ darba „Starptautiskās komerciālās arbitrāžas tiesības” mērķis ir padziļināti izpētīt un konstatēt starptautisko arbitrāžas tiesību juridisko dabu, tiesību nozares attīstības tendences, kā arī nacionālo un starptautisko avotu mijiedarbību un piemērošanas kolīzijas, tomēr, tā kā starptautiskās arbitrāžas tiesības ir ļoti plašas - tās aptver jautājumus,...

  6. Arbitration versus settlement

    NARCIS (Netherlands)

    G. Dari-Mattiacci

    2007-01-01

    Incomplete contracts and laws often lead to disputes. Before a dispute arises, parties can commit to arbitration. If they choose to do so, future disputes are resolved before an arbiter. Otherwise, parties will choose between settlement and litigation after a dispute has arisen. We analyze variables

  7. International Commercial Arbitration in Venezuela

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-03-01

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

  8. Japan Sports Arbitration Agency (JSAA

    Directory of Open Access Journals (Sweden)

    Ekaterina P. Rusakova

    2015-12-01

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

  9. 75 FR 30704 - Arbitration Services

    Science.gov (United States)

    2010-06-02

    ... CONCILIATION SERVICE 29 CFR Part 1404 RIN 3076-AA12 Arbitration Services AGENCY: Federal Mediation and Conciliation Service. ACTION: Final rule. SUMMARY: This final rule amends the Federal Mediation and Conciliation Service (FMCS) rules pertaining to arbitration services. It revises rules addressing the...

  10. Legal Intervention in Labor Arbitration

    Science.gov (United States)

    Gullett, C. Ray

    1978-01-01

    From a private process between unions and management, labor arbitration has become a matter for federal arbitrators to decide. The article traces this development through various federal court cases and legislation, particularly unfair labor practice charges under Title VII of the Civil Rights Act. (MF)

  11. 46 CFR 502.409 - Arbitration awards.

    Science.gov (United States)

    2010-10-01

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

  12. 46 CFR 502.406 - Arbitration.

    Science.gov (United States)

    2010-10-01

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

  13. 29 CFR 1404.19 - Arbitration process.

    Science.gov (United States)

    2010-07-01

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

  14. 49 CFR 1108.8 - Arbitration procedures.

    Science.gov (United States)

    2010-10-01

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

  15. Defective Arbitration Clauses in International Commercial Contracts

    OpenAIRE

    Tolkušinas, Kasparas

    2011-01-01

    Usually in a drafting process of a contract arbitration clause is left at the end of a contract. Sometimes it happens that parties really do not wish start discussions on how should arbitration clause look like or what details should it contain, because either parties think they would never come to a conflict or they are short in time and leave arbitration clause unconsidered. Absence of proper attention when drafting arbitration clauses is likely to give rise to defective arbitration clauses...

  16. International Arbitration : Arbitration Agreements and the writing requirement

    OpenAIRE

    Dalentoft, Tomas; Toftgård, Magnus

    2009-01-01

    Abstract As international trade is constantly increasing, the number of disputes between international parties is greater than ever. In view of the fact that it is difficult to get court judgments recognized and enforced, arbitration has gained a great foothold in international commercial disputes. The leading international legal framework for recognition and enforcement of arbitral awards is the New York Convention of 1958 with 142 Member States as of today. It simplifies recognition and enf...

  17. The Changing Landscape of Arbitration Agreements in China: Has the SPC-Led Pro-Arbitration Move Gone Far Enough?

    OpenAIRE

    Gu, W

    2009-01-01

    The crucial statutory provision that governs the validity of arbitration agreements in China is Article 16 of the Arbitration Law (AL), which stipulates, “An arbitration agreement shall include arbitration clauses stipulated in the contract and agreement of submission to arbitration that are in writing before or after disputes arise.” Further, “[a]n arbitration agreement shall contain the following particulars: (1) an expression of intention to arbitrate; (2) matters for arbitration; and (3) ...

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

    Science.gov (United States)

    Coulson, Robert

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

  19. Effective Utilization of Arbitrators and Arbitration Institutions in Africa by Appointors

    OpenAIRE

    Onyema, Emilia

    2008-01-01

    This paper delivered at an international conference on arbitration and Africa in Cairo examines how arbitrators of African origin and arbitration institutions in Africa can be better utilized by those who appoint them in arbitration especially where one party in the dispute is African.

  20. Arbitration: An Answer to the Impasse Dilemma

    Science.gov (United States)

    Leddy, John H.

    1971-01-01

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

  1. The unrealized potential of malpractice arbitration.

    Science.gov (United States)

    Metzloff, T B

    1997-01-01

    Although the use of arbitration in the commercial arena has increased tremendously in recent years, there has been a reluctance to adopt arbitration of medical malpractice claims in place of litigation. After discussing the benefits of arbitration in medical malpractice cases, Professor Metzloff examines why the use of arbitration has not become predominant, discussing such factors as judicial hostility, failure of state statutes designed to encourage arbitration, and lack of hard evidence that arbitration works. Professor Metzloff then explores the future of arbitration in medical malpractice cases, citing examples from his own work experience with Duke Law School's Private Adjudication Center, and discusses attributes which would make malpractice arbitration successful in the future. PMID:10164669

  2. 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 for...... 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....... withdrawing from joint municipal companies etc. The article makes a distinction between non-arbitrable incidental issues which cannot be decided by an arbitration court, and where any arbitral award which does so is nullifiable for this reason alone, and arbitrable incidental issues which can be decided by...

  3. CONSIDERATIONS ON THE COST OF ARBITRATION

    OpenAIRE

    Roxana Maria ROBA

    2014-01-01

    The expenses necessary for the unfolding arbitral process are generally higher than those incurred by the parties in the case of proceedings before national courts, reason for which arbitration is considered a "luxury justice". This study aims to analyze the content of the concept of costs within the international commercial arbitration, considering the provisions contained in the relevant regulations of the arbitration institutions and the opinions expressed by the Romanian and foreign legal...

  4. Jura Novit Curia in International Commercial Arbitration

    OpenAIRE

    Viegas de Freitas Monteiro, Marta

    2013-01-01

    Over the past few decades, international arbitration has become the preferred means of settling commercial disputes. Its popularity is closely linked inter alia to the fact that commercial arbitration is fundamentally consensual in nature, as the disputing parties may tailor the process to suit the needs of their specific case. However, once a dispute has arisen it may be difficult to reach an agreement on the conduct of the arbitral proceedings. Hence arbitrators are, subject to party agreem...

  5. 22 CFR 231.14 - Arbitration.

    Science.gov (United States)

    2010-04-01

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

  6. 37 CFR 41.126 - Arbitration.

    Science.gov (United States)

    2010-07-01

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

  7. 22 CFR 221.41 - Arbitration.

    Science.gov (United States)

    2010-04-01

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

  8. 44 CFR 295.42 - Arbitration.

    Science.gov (United States)

    2010-10-01

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

  9. 22 CFR 230.14 - Arbitration.

    Science.gov (United States)

    2010-04-01

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

  10. 22 CFR 204.41 - Arbitration.

    Science.gov (United States)

    2010-04-01

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

  11. Quantum Signature Scheme with Weak Arbitrator

    Science.gov (United States)

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

    2012-07-01

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

  12. 36 CFR 254.10 - Bargaining; arbitration.

    Science.gov (United States)

    2010-07-01

    ... determine values. Bargaining or any other process must be based on an objective analysis of the valuation in... determine values. If arbitration occurs, it must be conducted in accordance with the real estate valuation... from the date of the arbitration decision. (b) Arbitration is limited to the disputed valuation of...

  13. Priority arbitration mechanism

    Science.gov (United States)

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

    2007-03-06

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

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

    OpenAIRE

    Dmitry Maleshin

    2016-01-01

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

  15. ANNULMENT OF THE ARBITRATION AWARD

    OpenAIRE

    Roxana Maria ROBA

    2015-01-01

    The action for annulment appears to be the unique means of appealing that can be exercised against the arbitration award, similar in content and effects to the recourse against judgments, though being not a devolutive appeal. As the legal nature of this means of appeal is concerned, it is determined by the conclusive feature of the arbitration award which is not likely to be appealed and may be put into force. Since in the common law procedure, such a decision can be challenged only by recour...

  16. The arbitration agreement and the advantages of arbitration

    OpenAIRE

    Dan HAGEANU

    2015-01-01

    The arbitration is an institution that has its origins in antiquity, but especially in the middle Ages, a period in which commercial disputes were settled by the parties through a person of authority designated by them, someone with intact reputation, knowing the object of the litigation, but especially enjoying the full confidence of the parties.

  17. 29 CFR 1404.20 - Proper use of expedited arbitration.

    Science.gov (United States)

    2010-07-01

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

  18. Practising virtue: inside international arbitration

    NARCIS (Netherlands)

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

    2015-01-01

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

  19. Regional Arbitration Institution for ECOWAS: Lessons from OHADA Common Court of Justice and Arbitration

    OpenAIRE

    Onyema, Emilia

    2014-01-01

    This article examines whether the establishment of a new regional arbitration institution similar to the OHADA CCJA within ECOWAS will solve the problem of states within the sub-region hosting few international arbitration references. It concludes that this will not solve this problem neither is another arbitration institution desirable within the sub-region. The article examines the harmonisation strategy adopted by OHADA; the CCJA as an arbitration institution; the remit of ECOWAS and the r...

  20. The Trends of the International Arbitration Development

    Institute of Scientific and Technical Information of China (English)

    Cao Peizhong; Zhou Yanbo

    2005-01-01

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

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

    Science.gov (United States)

    Roumell, George T., Jr.

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

  2. 37 CFR 251.36 - Pre-arbitration and post-arbitration employment restrictions.

    Science.gov (United States)

    2010-07-01

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

  3. Arbitral Tribunal Power to Disqualify Unethical Counsel

    OpenAIRE

    Cristina Florescu

    2015-01-01

    In specific matters of conflicts of interest ethical issues in connection with the parties' legal representatives could occur in the course of arbitration proceedings. The purpose of this paper is to identify and investigate the current status of the arbitral tribunals and arbitral institutions power to sanction counsel’s misconduct in the event of conflicts of interest. Parties have a fundamental right to choose the counsel and in the same time the right to an independent and impartial tribu...

  4. EU Perspectives on International Commercial Arbitration

    OpenAIRE

    Hauberg Wilhelmsen, Louise

    2016-01-01

    The thesis investigates the interface between the recast Brussels I Regulation and international commercial arbitration; it analyses the consequences of this interface; and suggests ways to address these consequences within the Union. Legal dogmatic and comparative method is used. Part II of the thesis first sets out the interface between the recast Regulation and international commercial arbitration through an analysis of the arbitration exclusion in the Regulation. Second,...

  5. CONSIDERATIONS ON PROBATION IN INTERNATIONAL COMMERCIAL ARBITRATION

    OpenAIRE

    Roxana Maria ROBA

    2014-01-01

    A general rule of international trade arbitration is that all the parties have to prove their affirmations. Moreover, it is a consecrated right of the arbitral tribunal to ask for any other evidence in a determined period of time. The regulations referring to the administration of evidence stipulate that these should remain at the discretion of the arbitral tribunal, which has the opportunity to apply a flexible procedure for stating the situation of fact. The efforts to eliminate the existin...

  6. Try 18 Powerful Tactics to Control Arbitration Costs.

    Science.gov (United States)

    Zirkel, Perry A.

    1984-01-01

    Eighteen suggestions for reducing or even preventing grievance arbitration costs are detailed under negotiating the contract, administering the contract, and preparing for arbitration categories. (KS)

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

    Directory of Open Access Journals (Sweden)

    Dmitry Maleshin

    2016-03-01

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

  8. Law applicable to merits of the arbitration dispute (an overview of the English, Swiss and French arbitration laws)

    OpenAIRE

    Athanasakis, Dimitrios

    2008-01-01

    Due to the plethora of international elements of a contract to arbitrate, i.e. nationalities of the parties, nature of the transaction and the legal background of the arbitrator, questions of law applicable to the substance of the dispute are always at stake. In the course of arbitral proceedings, issues of law applicable to the arbitral dispute are raised after a concise examination of the law applicable to the arbitration agreement, namely whether the parties have consented to arbitrate the...

  9. Arbitral Tribunal Power to Disqualify Unethical Counsel

    Directory of Open Access Journals (Sweden)

    Cristina Florescu

    2015-12-01

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

  10. An arbitrated quantum signature scheme

    CERN Document Server

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

    2002-01-01

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

  11. European Perspectives on International Commercial Arbitration

    DEFF Research Database (Denmark)

    Hauberg Wilhelmsen, Louise

    2014-01-01

    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...

  12. 37 CFR 251.3 - Arbitrator lists.

    Science.gov (United States)

    2010-07-01

    ... may consider relevant. (b) After January 1, 1998, and every two years thereafter, the Librarian of..., submitted to the Librarian from at least three professional arbitration associations or organizations. The.... With respect to persons on the arbitrator list, the Librarian will make available for copying...

  13. Political Consequences of Interest Arbitration Awards.

    Science.gov (United States)

    Nasstrom, Roy R.; Walden, Everett

    1981-01-01

    Examines two statewide arbitration decisions between the state of Minnesota and the Minnesota Community College Faculty Association. Describes the effects of the arbitration awards on state politics and on the allocation of state funds to the rest of higher education. (RW)

  14. A Practical Guide to Grievance Arbitration.

    Science.gov (United States)

    Hart, Jacob B.

    1979-01-01

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

  15. 24 CFR 3288.40 - Nonbinding arbitration.

    Science.gov (United States)

    2010-04-01

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

  16. Mandatory Arbitration: Weighing the Pros and Cons

    Science.gov (United States)

    Settenbrino, Susan D.

    2012-01-01

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

  17. Judicial Review of Labor Arbitration Awards.

    Science.gov (United States)

    Seitz, Reynolds C.

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

  18. RESOLUTION OF COMMERCIAL DISPUTES THROUGH ARBITRATION AS A CONTRIBUTOR TO IMPROVEMENT OF BUSINESS ENVIRONMENT IN SERBIA

    OpenAIRE

    Jelena Perović; Milena Đorđević

    2013-01-01

    The paper presents a brief overview of selected arbitration-related issues (legal framework for arbitration, different types of arbitration, arbitration agreement, arbitrators, seat of arbitration, law applicable to the arbi- tration proceedings and merits, arbitration award, costs), in light of con- temporary arbitration trends and practices and with special emphasis on Serbian legislation and existing arbitral practice in Serbia. Further- more, it provides readers with drafting consideratio...

  19. A comparison of conventional, final-offer, and "combined" arbitration for dispute resolution.

    OpenAIRE

    Dickenson, David L.

    2004-01-01

    Two widely used forms of arbitration are conventional arbitration, in which the arbitrator makes an unconstrained settlement choice, and final-offer arbitration, in which the arbitrator must choose between disputants' final offers. Under an innovative, as yet unused approach called 'combined arbitration,' if the arbitrator's notion of a fair settlement lies between the disputants' final offers, final-offer arbitration rules are used; otherwise, conventional arbitration rules are used. Theoret...

  20. The Recast Brussels I Regulation and Arbitration

    DEFF Research Database (Denmark)

    Hauberg Wilhelmsen, Louise

    2014-01-01

    Justice (ECJ) in the West Tankers case. The predominant interpretation of the existing exclusion of arbitration from the scope of the Regulation entails that a judgment disregarding or breaching an arbitration agreement will circulate in the European Union according to the rules of the Regulation. This......The revision of the Brussels I Regulation has come to an end. During the revision process the exclusion of arbitration from the scope of the Regulation has been much debated. This debate was not only ignited by the revision of the Regulation, but also by the decision of the European Court of...... entails an increased risk of parallel proceedings and conflicting decisions because the parties race to pursue both court litigation and arbitration proceedings. These implications have not been amended by the recast Regulation, which keeps the existing exclusion of arbitration from the scope of the...

  1. 29 CFR 1440.1 - Arbitration of pesticide data disputes.

    Science.gov (United States)

    2010-07-01

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

  2. 7 CFR 900.110 - Application for arbitration.

    Science.gov (United States)

    2010-01-01

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

  3. 40 CFR Appendix II to Subpart V of... - Arbitration Rules

    Science.gov (United States)

    2010-07-01

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

  4. Voluntary Binding Arbitration as an Alternative to Tax Court Litigation

    OpenAIRE

    Sansing, Richard

    1997-01-01

    Develops and analyzes a model of Tax Court litigation, in which each side possesses private information regarding the facts under dispute. Characterizes equilibrium behavior for both conventional and final-offer arbitration. Compares the results of the two arbitration methods, both in terms of the probability that the parties will agree to binding arbitration and the outcomes of the two arbitration methods.

  5. 29 CFR 4221.3 - Initiation of arbitration.

    Science.gov (United States)

    2010-07-01

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

  6. 46 CFR 502.408 - Conduct of arbitration proceedings.

    Science.gov (United States)

    2010-10-01

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

  7. 18 CFR 385.605 - Arbitration (Rule 605).

    Science.gov (United States)

    2010-04-01

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

  8. 29 CFR 4221.14 - PBGC-approved arbitration procedures.

    Science.gov (United States)

    2010-07-01

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

  9. 29 CFR 1404.15 - Fees and charges of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... Labor Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.15 Fees and charges of arbitrators. (a) Fees to Parties... administration of a particular case, the arbitrator may charge an administrative fee. This fee shall be...

  10. 37 CFR 251.30 - Basic obligations of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... arbitrators. 251.30 Section 251.30 Patents, Trademarks, and Copyrights COPYRIGHT OFFICE, LIBRARY OF CONGRESS COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF... they are violating the law or the ethical standards set forth in this subpart. (9) Arbitrators...

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

    Directory of Open Access Journals (Sweden)

    Savchenko M. S.

    2015-03-01

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

  12. The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter

    OpenAIRE

    Venter, Debra

    2010-01-01

    Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as internati...

  13. Binding Third Parties to Maritime Arbitration, Incorporation of Charterparty Arbitration Clause into Bill of Lading by Reference

    OpenAIRE

    Tchkuaseli, Rusudan

    2013-01-01

    Arbitration is consensual by nature. Therefore, arbitration agreement is usually binding on the parties privy to the contract containing the arbitration clause. Nevertheless, general principles of contract law allow for extension of an arbitration clause to third parties only if free, knowing and complete consent of such party to arbitrate is established. It is difficult to tailor this rule to the situation when a bill of lading issued under a charterparty contains a reference clause, which b...

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

    OpenAIRE

    Maniruzzaman, Munir; Almutawa, Ahmed M.

    2013-01-01

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

  15. Multi-party and Multi-contract Arbitration Mechanisms in International Commercial Arbitration

    OpenAIRE

    Laitinen, Klas

    2014-01-01

    International commercial arbitration is the de facto method of solving disputes between corporations. Multi-party and multi-contract arbitration situations have increased significantly in recent years, which has led to arbitration institutes creating new mechanisms to increase efficiency in such situations. However, these new rules have not been studied in-depth and compared to each other, to ascertain possible similarities, dissimilarities, and common requirements. This thesis examines joind...

  16. What Does Confidentiality Inside The Arbitration Mean?

    Directory of Open Access Journals (Sweden)

    Diana - Loredana HOGAŞ

    2014-06-01

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

  17. The Brussels I Regulation and arbitration

    OpenAIRE

    Hartley, Trevor C.

    2014-01-01

    This article considers the effect of the Brussels I Regulation on the arbitration process in EU Member States. The Regulation says that it does not apply to arbitration, but it is unclear exactly what is excluded by this provision. The article first considers this question; it then discusses asset-freezing orders and antisuit injunctions in aid of arbitration and the granting of damages for bringing court proceedings before a court which, in the eyes of the court asked to grant the damages, o...

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

    Directory of Open Access Journals (Sweden)

    Shaghayegh Vahed

    2015-05-01

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

  19. 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....

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

    Institute of Scientific and Technical Information of China (English)

    ZHAO Xiuwen; Lisa A.Kloppenberg

    2006-01-01

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

  1. The Role of Arbitration Institutions in the Development of Arbitration in Africa

    OpenAIRE

    Onyema, Emilia

    2015-01-01

    This conference which held at the premises of the African Union Commission, Addis Ababa on 23 July 2015 examined the functions of arbitration institutions in Africa. The conferenced discussions focused on sharing experiences by users and providers for the effective administration of arbitration references in the continent. The conference was organised by Dr Emilia Onyema of the School of Law, SOAS.

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

    Science.gov (United States)

    Neal, Richard G.

    1988-01-01

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

  3. The Use of Arbitration to Avoid Litigation Under ERISA

    Science.gov (United States)

    Donaldson, Richard P.

    1975-01-01

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

  4. Confidentiality Revisited: Blessing Or Curse In International Commercial Arbitration?

    OpenAIRE

    Gu, W

    2006-01-01

    At a time when international arbitration is gaining increasing popularity with transnational businesses, there is general agreement that, among the principal advantages of arbitration as a method of dispute resolution, confidentiality is one of the most attractive selling points.

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

    Science.gov (United States)

    Owens, Stephen D.

    1976-01-01

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

  6. Some practical issues concerning International Arbitration in Japan

    OpenAIRE

    Nagata, Mari

    2013-01-01

    This article deals with the current problems concerning international arbitration in Japan. This article overviews some of the cases since Japan's Arbitration Act came into force about a decade ago and reveals practical problems in its application.

  7. ENFORCING ARBITRAL AWARDS IN ROMANIA - ALWAYS A CHALLENGE

    OpenAIRE

    Paul COMŞA

    2015-01-01

    Securing a favourable award from a foreign or domestic arbitral court proves to be in many cases only half the battle. As a rule, Romanian law and courts acknowledge the final, binding and enforceable nature of arbitration awards and state the principle that arbitration awards shall be freely implemented by parties. However, there are instances where the unsuccessful party does not voluntarily perform the obligations arising from the arbitral award. In these cases, before incurring legal expe...

  8. The Attitude of Courts at the Seat of Arbitration and its Impact on the Development of Arbitration

    OpenAIRE

    Onyema, Emilia

    2014-01-01

    My presentation examined the involvement of national courts in arbitration and how Caribbean member States of the Organisation of American States (OAS) can make themselves more attractive as choice of seat in international arbitration.

  9. 29 CFR 1977.18 - Arbitration or other agency proceedings.

    Science.gov (United States)

    2010-07-01

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

  10. 78 FR 29071 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2013-05-17

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

  11. 29 CFR 1978.112 - Arbitration or other proceedings.

    Science.gov (United States)

    2010-07-01

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

  12. 76 FR 41075 - Copyright Arbitration Royalty Panel Rules and Procedures

    Science.gov (United States)

    2011-07-13

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

  13. 49 CFR 1109.2 - Appeals from arbitration decisions.

    Science.gov (United States)

    2010-10-01

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

  14. 4 CFR 28.124 - Review of arbitration awards.

    Science.gov (United States)

    2010-01-01

    ... 4 Accounts 1 2010-01-01 2010-01-01 false Review of arbitration awards. 28.124 Section 28.124... ACCOUNTABILITY OFFICE Special Procedures; Unfair Labor Practices § 28.124 Review of arbitration awards. (a) Filing an exception. (1) Either party to arbitration, conducted pursuant to a grievance procedure under...

  15. 75 FR 52054 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2010-08-24

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

  16. Modernising the Framework for Arbitration in Jamaica - Some Salient Points

    OpenAIRE

    Onyema, Emilia

    2010-01-01

    Comments made on the text of a working draft law for a new arbitration regime in Jamaica. I argue in my comments that Jamaica should adapt the UNCITRAL Model Law on International Commercial Arbitration and use this text as the basis for its new arbitration law.

  17. 49 CFR 1115.8 - Petitions to review arbitration decisions.

    Science.gov (United States)

    2010-10-01

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

  18. 49 CFR 1108.3 - Matters subject to arbitration.

    Science.gov (United States)

    2010-10-01

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

  19. 29 CFR 1404.11 - Nominations of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... Regulations Relating to Labor (Continued) FEDERAL MEDIATION AND CONCILIATION SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.11 Nominations of arbitrators. (a) The parties may also report a... directly without any further case tracking by FMCS. No case number will be assigned. (b) All...

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

    Science.gov (United States)

    DeFigio, Nicholas F.; And Others

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

  1. 37 CFR 251.4 - Arbitrator lists: Objections.

    Science.gov (United States)

    2010-07-01

    ... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE Organization § 251.4 Arbitrator lists: Objections. (a) In the case of a rate adjustment proceeding... be objectionable. (b) In the case of a royalty distribution proceeding, any party to the...

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

    OpenAIRE

    Ana Carolina Donoso Bustamante

    2013-01-01

    It is a study of comparative law between the Arbitration Rules of the United Nations Commission for International Trade Law (UNCITRAL), specifically established in the Arbitration Rules, and the arbitration in Ecuadorian system. The paper first defines the concept of arbitration, international arbitration differentiating domestic arbitration. In a second time, there are a historical reference both as an institution and the UNCITRAL Arbitration Rules. Following, the author show a background st...

  3. Arbitrating and Mediating Disputes : Benchmarking Arbitration and Mediation Regimes for Commercial Disputes Related to Foreign Direct Investment

    OpenAIRE

    Pouget, Sophie

    2013-01-01

    An effective commercial arbitration regime matters for foreign investors. It gives parties the autonomy to create a dispute resolution system tailored to increasingly complex disputes. Foreign investors view arbitration as a way to mitigate risks by providing legal certainty on enforcement rights, due process, and access to justice. The Arbitrating and Mediating Disputes indicators assess ...

  4. Enforcing foreign arbitral awards in Australia against non-signatories of the arbitration agreement

    OpenAIRE

    Harder, Sirko

    2012-01-01

    This article investigates two questions that may arise in Australian proceedings for the enforcement of a foreign arbitral award where the award-debtor is not named in the relevant arbitration agreement and asserts that it is not a party to that agreement. The first question that may be contested in those circumstances is whether the award-debtor is for some reason precluded from denying its privity to the relevant arbitration agreement. Where this is not the case, the allocation of the onus ...

  5. Code of Conduct for Arbitrators in CETA – a Step Forward in Investment Arbitration?

    OpenAIRE

    Horodyski, Dominik

    2015-01-01

    This paper presents the Code of Conduct for arbitrators in CETA, which will apply to investor-state dispute settlement initiated under Comprehensive Economic and Trade Agreement concluded between the European Union and Canada. The Code of Conduct for arbitrators constitutes an innovation in investment treaties, especially taking into account that it is said to be binding. Therefore, in this article the provisions of the Code as well as its role and significance will be examined to assess whet...

  6. Aspects of Arbitration Discourse: an Insight into China’s Arbitration Law

    OpenAIRE

    Gotti, Maurizio

    2015-01-01

    The formulation of legal norms is greatly conditioned not only by different juridical systems and drafting traditions, but also by specific linguistic features and socio-cultural aspects. The paper investigates this issue by taking into consideration provisions concerning commercial arbitration in an Asian country. The text selected for our analysis is The People’s Republic of China Arbitration Law 1994 (PRCAL, for short). This law can be considered a highly important step in the development ...

  7. 29 CFR 1404.9 - Procedures for requesting arbitration lists and panels.

    Science.gov (United States)

    2010-07-01

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

  8. 5 CFR 2471.6 - Investigation of request; Panel procedures; approval of binding arbitration.

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    Zou, Xiangfu; Qiu, Daowen; Mateus, Paulo

    2013-09-01

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

  10. My Introduction to Grievance and Arbitration.

    Science.gov (United States)

    Prosise, Roger

    2003-01-01

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

  11. The Case against Binding Interest Arbitration.

    Science.gov (United States)

    Ecker, Charles I.

    1984-01-01

    The author contends that districts should reject binding interest arbitration as a means of resolving an impasse in contract negotiations, charging that it hampers good faith bargaining, adversely affects fiscal and operational management of the school system, and diminishes the governing role of the board of education. (MJL)

  12. DISCOVERY OF EVIDENCE IN INTERNATIONAL COMMERCIAL ARBITRATION

    Directory of Open Access Journals (Sweden)

    Bakumenko, V.V.

    2016-07-01

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

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

    Science.gov (United States)

    Singer, David, Jr.

    1986-01-01

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

  14. The Practice of Arbitration. Essays in Honor of Hans van Houtte

    OpenAIRE

    2012-01-01

    This book offers a series of commentaries on noteworthy arbitral awards and court decisions on arbitration. All contributions focus on the practice of arbitration. Influential authors with proven arbitration experience share their insights on celebrated and less well-known cases, drawn from various countries, various arbitration institutions and including both commercial and investment arbitration. This collection of essays celebrates the work and scholarship of Hans Van Houtte, who has ...

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

    OpenAIRE

    Fernández Rozas, José Carlos

    2006-01-01

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

  16. The Improvement of Online Arbitration Rules of Evidence in China

    Directory of Open Access Journals (Sweden)

    Xia ZHENG

    2012-11-01

    Full Text Available

    Online arbitration as an emerging method for resolving disputes has variable forms. Within the system, the storage and exchange of the evidence depends greatly on the system environment and the authenticity of the evidence is easily damaged. This paper compares the differences between online arbitration rules of evidence and civil rules of evidence. Then the author analyzes the flaws of online arbitration rules of evidence and proposes ideas of improvement. At last the author summarizes the feature and uniqueness of online arbitration and gives some detailed suggestions from the perspective of technical protection, collection evidence rules as well as supporting measures to online arbitration.

    Key words: Online arbitration; Rules of evidence; Electronic evidence

  17. 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.

  18. European Competition Law as Mandatory Law in International Commercial Arbitration

    OpenAIRE

    Egill Daði Ólafsson 1984

    2013-01-01

    With arbitration becoming a common way of solving international commercial disputes, issues not considered capable of being arbitrated are diminishing. Arbitrators are therefore not prohibited from applying various mandatory rules, including European competition law, to a certain extent. When concluding an agreement, parties must have regard to competition law issues to make sure that the agreement is not contrary to those principles. These two different legal fields are therefore bound to in...

  19. Saudi law and judicial practice in commercial and banking arbitration

    OpenAIRE

    Baamir, Abdulrahman

    2009-01-01

    This thesis was submitted for the degree of Doctor of Philosophy and awarded by Brunel University on 10 March 2009. This thesis examines various issues of arbitration law and practice in relation to the Islamic Shari’a law and the law of Saudi Arabia in general, and for arbitration in conventional banking disputes in particular. The thesis found that the Shari’a regulates arbitration tightly compared to other contemporary developments as no fundamental differences were found to exist betwe...

  20. Punitive Damages in Securities Arbitration: An Empirical Study

    OpenAIRE

    Choi, Stephen J.; Theodore Eisenberg

    2010-01-01

    This article provides the first empirical analysis of punitive damages in securities arbitrations. Using a data set of over 6,800 securities arbitration awards, we find that claimants prevailed in 48.9 percent of arbitrations and that 9.1 percent of those claimant victories included a punitive damages award. The existence of a punitive damages award was associated with claims that suggested egregious misbehavior and with claims that provided higher compensatory awards. The pattern of punitive...

  1. THE PRINCIPLES GOVERNING ARBITRATION OF INTERNATIONAL TRADE LITIGATIONS

    OpenAIRE

    Roxana Maria ROBA

    2010-01-01

    The institution of the international commercial arbitration is continuously expanding, preferred by the majority of the business parteners worldwide as a way of resolving their ongoing issues. Although arbitration is characterized by flexibility, certain fundamental principles which ought to be respected, are provided by most legislations and statutes of the arbitration institutions. The purpose of the study is to analyze these principles, as provided by internal and international regulations.

  2. INTERNATIONAL COMMERCIAL ARBITRATION FOR FOREIGN INVESTORS: TURKISH CASE

    OpenAIRE

    Karacan Baklacı, Pınar; Akıntürk, Esen

    2014-01-01

    When foreign investors consider investment, the possibility of international commercial arbitration and the recognition and enforcement of foreign arbitral awards in the home country where the investment will take place can be a major factor to effect investment decision. This article aims to discuss the Turkish legal framework, domestic and international, of international commercial arbitration for foreign investors willing to invest in Turkey. In this study, subsequent to the definition of ...

  3. Problems Concerning the Enforcement of Investment Arbitral Awards (Japanese)

    OpenAIRE

    MIZUSHIMA Tomonori

    2013-01-01

    When the host state does not comply with an investment arbitral award, the investor may seek to enforce it in another state. Given that the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention) and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, both of which have been ratified by nearly 150 states, obligate contracting states to enforce arbitral awards, these Conventions might be assumed to c...

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

    Directory of Open Access Journals (Sweden)

    Ana Carolina Donoso Bustamante

    2013-01-01

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

  5. Commercial Arbitration – does it really have a future?

    OpenAIRE

    David H Denton QC; Michael Heaton QC

    2014-01-01

    With the passing of the Commercial Arbitration Act 2011 (Vic) and similar Acts in all other States of Australia the opportunities for domestic commercial arbitration to really take hold appears now to be high.This article examines what may be seen to be seven benefits arising under the new Commercial Arbitration Act 2011, namely:(a)       privacy and confidentiality;(b)       efficiency;(c)       specialist expertise;(d)       informality;(e)       the ability of the arbitral tribunal to exer...

  6. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    OpenAIRE

    Seyed Mohammad Tabatabaei Nejad

    2015-01-01

    For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the t...

  7. An intelligent arbitrator associate for electronic commerce

    OpenAIRE

    D.W. Manchala

    1997-01-01

    Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope with these disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infras...

  8. Intelligent Arbitrator Associate for Electronic Commerce

    OpenAIRE

    D.W. Manchala

    1997-01-01

    Growing businesses and the large number of transactions involved in conducting a business tend to give rise to conflicts among the parties involved in a transaction. Human society has evolved in a way to cope withthese disputes by creating law and order bodies. An Intelligent Arbitrator Associate (IAA) that works with and helps the law enforcement and law adjudication authorities to resolve disputes that arise due to commerce conducted over the Internet is presented in this paper. The infrast...

  9. LEX MERCATORIA IN INTERNATIONAL COMMERCIAL ARBITRATION

    OpenAIRE

    Roxana Maria ROBA

    2011-01-01

    In a concise formula, lex mercatoria has been defined as being a category of international law, separate from any national legislation, and which stems from, and applies to international commercial transactions. Although the notion of lex mercatoria does not have a well-defined content it is still accepted in the practice of international commercial arbitration. This study intends to analyze the concept of lex mercatoria as well as its application in the jurisprudence of international commerc...

  10. Nuclear arbitration: Interpreting non-proliferation agreements

    International Nuclear Information System (INIS)

    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

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

    Science.gov (United States)

    2012-07-03

    ... Arbitration Procedures, 75 FR 52,054. The Board received input and issued a decision proposing new regulations..., 77 FR 19,591. The Board sought comments on the proposed regulations by May 17, 2012, and replies by... Surface Transportation Board Assessment of Mediation and Arbitration Procedures AGENCY:...

  12. 77 FR 23208 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-04-18

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

  13. ENFORCING ARBITRAL AWARDS IN ROMANIA - ALWAYS A CHALLENGE

    Directory of Open Access Journals (Sweden)

    Paul COMŞA

    2015-07-01

    Full Text Available Securing a favourable award from a foreign or domestic arbitral court proves to be in many cases only half the battle. As a rule, Romanian law and courts acknowledge the final, binding and enforceable nature of arbitration awards and state the principle that arbitration awards shall be freely implemented by parties. However, there are instances where the unsuccessful party does not voluntarily perform the obligations arising from the arbitral award. In these cases, before incurring legal expenses on formal enforcement procedures, it is worth attempting several informal or indirect means of persuading the other party to honour its duties. If the opposing party still refuses to comply with the award, one may resort to an ordinary enforcement procedure. In Romania, enforcement procedures may be conducted by judicial executors only after the arbitral award is rendered enforceable by a domestic court of law. As in most developed states, the vast majority of Romanian courts have enforced both domestic and foreign arbitral awards. Although there are certain instances when arbitral awards have been denied enforcement, these are the exception rather than the rule because under Romanian law the right of refusal to comply with the arbitral award shall be exerted only through an action of annulment for limited reasons.

  14. Arbitration clauses in contracts between providers and patients.

    Science.gov (United States)

    Buckner, F

    1998-01-01

    Arbitration clauses in contracts between health care providers and their patients can offer benefits to both parties. However, practitioners need to ensure that their contracts will not be judged unenforceable by a court. This article outlines the contractual and constitutional issues involved in arbitration agreements and provides advice to practitioners on drafting such an agreement. PMID:10662267

  15. 49 CFR 1108.7 - Arbitration commencement procedures.

    Science.gov (United States)

    2010-10-01

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

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

    Science.gov (United States)

    Long, Gary; Feuille, Peter

    1974-01-01

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

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

    Science.gov (United States)

    Delaney, John Thomas

    1983-01-01

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

  18. 40 CFR 304.22 - Appointment of Arbitrator.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Appointment of Arbitrator. 304.22 Section 304.22 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) SUPERFUND, EMERGENCY PLANNING, AND COMMUNITY RIGHT-TO-KNOW PROGRAMS ARBITRATION PROCEDURES FOR SMALL SUPERFUND COST...

  19. CONSTRUCTION OF AUTHENTICATION CODES WITH ARBITRATION FROM UNITARY GEOMETRY

    Institute of Scientific and Technical Information of China (English)

    LiRuihu; OuoLuobin

    1999-01-01

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

  20. 29 CFR Appendix to Part 1440 - FIFRA Arbitration Rules

    Science.gov (United States)

    2010-07-01

    ... arbitrator, the Service will appoint an arbitrator in accordance with 29 CFR 1440.1 (a) and these rules... as otherwise herein provided, and shall bear the caption of the case and the docket number. At the... parties, or specified by law, no later than thirty days from the date of closing the hearings, or if...

  1. Efficient arbitrated quantum signature and its proof of security

    Science.gov (United States)

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

    2013-07-01

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

  2. 37 CFR 251.2 - Purpose of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

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

  3. 48 CFR 49.108-5 - Recognition of judgments and arbitration awards.

    Science.gov (United States)

    2010-10-01

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

  4. 37 CFR 251.7 - Actions of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

    2010-07-01

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

  6. 37 CFR 1.335 - Filing of notice of arbitration awards.

    Science.gov (United States)

    2010-07-01

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

  7. 29 CFR 1404.12 - Selection by parties and appointments of arbitrators.

    Science.gov (United States)

    2010-07-01

    ... SERVICE ARBITRATION SERVICES Procedures for Arbitration Services § 1404.12 Selection by parties and... selection of an arbitrator or of the decision not to proceed with arbitration. Upon notification of the... or her willingness to serve. If the parties settle a case prior to the hearing, the parties...

  8. Third-party financing in international arbitration

    OpenAIRE

    Maniruzzaman, Munir

    2012-01-01

    As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as Burford Group Ltd., Calunius Capital LLP, Fulbrook Management LLC and others, and the discussion and debates generated a great deal o...

  9. Security problem on arbitrated quantum signature schemes

    CERN Document Server

    Choi, Jeong Woon; Hong, Dowon

    2011-01-01

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

  10. Sustainable Markets Investment Briefings: International arbitration

    Energy Technology Data Exchange (ETDEWEB)

    Cotula, Lorenzo

    2007-08-15

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

  11. Improved Quantum Signature Scheme with Weak Arbitrator

    Science.gov (United States)

    Su, Qi; Li, Wen-Min

    2013-09-01

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

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

    OpenAIRE

    Rina Shahriyani Shahrullah

    2012-01-01

    This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth) and the International Arbitration Amendment Act 2010 (Cth) of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to m...

  13. Comparative study of international commercial arbitration in England, Japan and Russia

    OpenAIRE

    Yoshida, Ikko

    2000-01-01

    This thesis examines the law on international commercial arbitration in England, Japan and Russia with a view to identify those areas for which harmonisation is of the greatest practical importance. This study is a timely one, since the Arbitration Act 1996 came into effect on 1st January 1997 in England. In Japan, the Committee of Arbitration formed by Japanese experts on arbitration prepared the Draft Text of the Law of Arbitration in 1989, and preparation for amendment based...

  14. Prenatal radiation exposure policy: A labor arbitration

    International Nuclear Information System (INIS)

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

  15. The Arbitration Law of the Dubai International Finance Centre

    OpenAIRE

    S.R. Luttrell

    2008-01-01

    The latest and most ambitious Free Financial Zone in the United Emirates is the Dubai International Finance Centre (DIFC). The DIFC was set up in 2004. It has its own courts and judicial system. It also has its own arbitration law. The DIFC arbitration law is in a process of review. A Model Law instrument is expected late in 2008. This paper was submitted to the DIFC Lawmaking Authority. It is intended to explain some of the provisions of the current DIFC arbitration law and to assist those u...

  16. 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...

  17. BITs, ICSID and International Arbitration : Can BITs be invoked under ICSID in protection of International Arbitration?

    OpenAIRE

    2012-01-01

    The thesis takes a look at the complex legal framework, set forth mainly by BITs and the ICSID convention, but also a number of other treaties and principles of international law are touched upon. Worth mentioning are the Vienna Convention, the New York Convention and awards based on the UNCITRAL rules. Since ICSID tribunals handle most of the treaty-based investment arbitrations conducted, ICSID awards would best explain the rules, which is likely to create standards followed by other types...

  18. 77 FR 19591 - Assessment of Mediation and Arbitration Procedures

    Science.gov (United States)

    2012-04-02

    ..., EP 699 (STB served Aug. 20, 2010). \\3\\ Assessment of Mediation and Arbitration Procedures, 75 FR 52... authorize parties to a proceeding before the Board, upon mutual request, to participate in meditation with...

  19. Arbitrated quantum signature schemes without using entangled states

    CERN Document Server

    Zou, Xiangfu

    2010-01-01

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

  20. Commercial Arbitration – does it really have a future?

    Directory of Open Access Journals (Sweden)

    David H Denton QC

    2014-10-01

    Full Text Available With the passing of the Commercial Arbitration Act 2011 (Vic and similar Acts in all other States of Australia the opportunities for domestic commercial arbitration to really take hold appears now to be high.This article examines what may be seen to be seven benefits arising under the new Commercial Arbitration Act 2011, namely:(a       privacy and confidentiality;(b       efficiency;(c       specialist expertise;(d       informality;(e       the ability of the arbitral tribunal to exercise a great degree of control;(f        interim measures;(g       limited appeals.

  1. First Contract Arbitration: Effects on Bargaining and Work Stoppages

    OpenAIRE

    Susan J. T. Johnson

    2010-01-01

    Newly certified unions often experience difficulty negotiating a first agreement. To remedy this, the Employee Free Choice Act (EFCA) proposes that the National Labor Relations Act (NLRA) provide for first contract arbitration. Using a panel of Canadian jurisdictions that have introduced FCA legislation at different times over several decades, the author addresses three questions: (1) How does First Contract Arbitration (FCA) legislation affect the incidence of first agreement work stoppages?...

  2. The future of arbitration in light of the Hague Convention

    OpenAIRE

    2011-01-01

    Today arbitration is one of the preferred methods for the resolution of disputes that arise in commercial relationships. The New York Convention provides a uniform system for the recognition and enforcement of arbitral awards, and the fact that virtually all relevant commercial states are party to the convention means that such enforcement can be sought world-wide. By contrast, parties choosing litigation have no system which provides similar uniformity for the enforcement of foreign judgment...

  3. Compulsory Arbitration Agreements in Domestic and International Consumer Contracts

    OpenAIRE

    Collins, D A

    2008-01-01

    This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...

  4. Compulsory Arbitration Clauses in Domestic and International Consumer Contracts

    OpenAIRE

    Collins, D A

    2008-01-01

    This paper examines the UK Unfair Terms in Consumer Contracts Regulations (UTCCR)'s prohibition on clauses in consumer contracts that mandate dispute settlement in an arbitration tribunal as potentially unfair and oppressive as against consumers because it denies their right to civil adjudication. The understanding of UTCCR's unfairness as developed by the UK House of Lords is not necessarily applicable to arbitration clauses because of the lower cost of such proceedings and the availability ...

  5. Arbitration in the EU - Where are we heading?

    OpenAIRE

    Genberg, Jonna Heidi Elisabeth

    2014-01-01

    Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation) has been considered the most important legal document in the area of civil procedure on EU level. Article 1(2)(d) of the Regulation excludes arbitration from the scope of application of the Brussels I Regulation. However, the ECJ interpreted the arbitration exclusion narrowly in Case C-185/07 Allianz SpA & Generali Assicurazioni Genera...

  6. Culture of international arbitration and the evolution of contract law

    OpenAIRE

    Karton, Joshua David Heller

    2011-01-01

    International commercial arbitration ('ICA') is typically characterised as a procedural alternative to litigation in national courts. The great majority of scholarly literature on ICA relates to its procedure, as opposed to substance. This is not surprising since, in ICA, the governing substantive law is usually the national law of some state. One might therefore expect that there would be no difference between the decisions of arbitrators and judges on matters governed by subs...

  7. 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...

  8. Uniform Representations for Syntax-Semantics Arbitration

    CERN Document Server

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

    1994-01-01

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

  9. Cryptanalysis of the arbitrated quantum signature protocols

    CERN Document Server

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

    2011-01-01

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

  10. Arbitration in crossbar interconnect for low latency

    Energy Technology Data Exchange (ETDEWEB)

    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.

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

    Directory of Open Access Journals (Sweden)

    Anton V. Yakovlev

    2014-12-01

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

  12. 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

  13. The conventional wisdom of discharge arbitration outcomes and remedies: fact or fiction

    OpenAIRE

    Mario F. Bognanno; Jonathan E. Booth; Norman, Thomas J.; Cooper, Laura J.; Befort, Stephen F.

    2014-01-01

    This study examines some of the arbitration community’s commonly accepted beliefs about arbitration outcomes and remedies in employee discharge cases, with the findings revealing that some beliefs are likely fact, while others, perhaps, are fiction. With data from 1432 Minnesota discharge awards and 74 arbitrators who decided them, eight truisms are examined pertaining to the following: the frequency that arbitrators use Daugherty’s Seven Tests rubric to analyze case evidence and whether i...

  14. The Long Haul Effects of Interest Arbitration: The Case of New York State's Taylor Law

    OpenAIRE

    Thomas Kochan; David B. Lipsky; Mary Newhart; Alan Benson

    2010-01-01

    The authors examine debates about the effects of mandatory interest arbitration on police and firefighters in New York State under the Taylor Law from 1974 to 2007. Comparing experience with interest arbitration in the first three years after the law was adopted with experiences from 1995 to 2007, the authors find that no strikes occurred under arbitration and that rates of dependence on arbitration declined considerably. Moreover, the effectiveness of mediation prior to and during arbitratio...

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

    OpenAIRE

    ALMASİ, Galvizh; AHMADZADEH, Sirvan

    2015-01-01

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

  16. Book Review: Applicable law in investor-state arbitration: the interplay between national and international law

    OpenAIRE

    Maniruzzaman, Munir

    2014-01-01

    Over the last quarter-century international investment arbitration has grown exponentially and case law in the field is developing apace towards an emerging body of international law, known as international investment law. With many distinct characteristics international investment arbitration or investor-state arbitration, as opposed to international commercial arbitration, is emerging as a column of the edifice of public international law, according to many jurists. One may wonder, however,...

  17. Revealing the Man behind the Curtain : Proving Corruption in International Commercial Arbitration

    OpenAIRE

    Österlund, Johanna

    2015-01-01

    There is unanimity within the arbitration community that corruption is disrupting international trade and that arbitrators must not let arbitration be a safe forum for enforcement of contracts tainted by such illicit acts. Due to the hidden nature of corruption, often hiding behind an agency agreement, the most challenging question facing arbitrators has shown to be how to handle the rules of evidence. Awards show that there is an inconsistency in the treatment of the burden and standard of p...

  18. 75 FR 48955 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on July 17, 2009, an arbitration panel rendered a decision in the matter of...

  19. 76 FR 43676 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-07-21

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on March 18, 2011, an arbitration panel rendered a decision in the matter of Sam...

  20. 37 CFR 251.72 - Declaration of controversy: Initiation of arbitration proceeding.

    Science.gov (United States)

    2010-07-01

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

  1. 34 CFR 395.37 - Arbitration of State licensing agency complaints.

    Science.gov (United States)

    2010-07-01

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

  2. 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...

  3. 75 FR 48954 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The U. S. Department of Education (Department) gives notice that on February 4, 2010, an arbitration panel rendered a decision in the matter...

  4. 37 CFR 251.64 - Disposition of petition; initiation of arbitration proceeding.

    Science.gov (United States)

    2010-07-01

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

  5. Arbitrated quantum signature of classical messages against collective amplitude damping noise

    Science.gov (United States)

    Yang, Yu-Guang; Wen, Qiao-Yan

    2010-08-01

    We give an arbitrated signature protocol of classical messages over a collective amplitude damping channel. We analyze its security and prove that it is secure over such a noisy quantum channel even if the arbitrator is compromised. The involvement of the arbitrator is also an appealing advantage in the implementation of a practical quantum distributed communication network.

  6. 49 CFR 375.211 - Must I have an arbitration program?

    Science.gov (United States)

    2010-10-01

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

  7. 17 CFR 31.29 - Arbitration or other dispute settlement procedures.

    Science.gov (United States)

    2010-04-01

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

  8. 48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

    Science.gov (United States)

    2010-10-01

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

  9. 76 FR 11434 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-03-02

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice. SUMMARY: The Department of Education (Department) gives notice that, on September 28, 2010, an arbitration.... FOR FURTHER INFORMATION CONTACT: You may obtain a copy of the full text of the arbitration...

  10. 75 FR 22540 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-04-29

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

  11. 37 CFR 251.6 - Composition and selection of Copyright Arbitration Royalty Panels.

    Science.gov (United States)

    2010-07-01

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

  12. 76 FR 6604 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-02-07

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on September 28, 2010, an arbitration panel rendered a decision in the matter of...

  13. 77 FR 1062 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-09

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice... arbitration panel rendered a decision in the matter of Judy A. Davis-Perry v. Missouri Department of Social... may obtain a copy of the full text of the arbitration panel decision from Mary Yang, U.S....

  14. 76 FR 48831 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-08-09

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decisions under the Randolph- Sheppard Act. SUMMARY: The Department of Education (Department) gives notice that on May 3, 2010, and April 19, 2011, an arbitration panel rendered decisions in...

  15. 5 CFR 2471.1 - Request for Panel consideration; request for Panel approval of binding arbitration.

    Science.gov (United States)

    2010-01-01

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

  16. 7 CFR 735.9 - Dispute resolution and arbitration of private parties.

    Science.gov (United States)

    2010-01-01

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

  17. 29 CFR Appendix to 29 Cfr Part 1404 - Arbitration Policy; Schedule of Fees

    Science.gov (United States)

    2010-07-01

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

  18. 29 CFR 1420.9 - FMCS deferral to parties' own private interest arbitration procedures.

    Science.gov (United States)

    2010-07-01

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

  19. 31 CFR 501.605 - Reports on litigation, arbitration, and dispute resolution proceedings.

    Science.gov (United States)

    2010-07-01

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

  20. 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.

  1. An Arbitrated Quantum Signature with Bell States

    Science.gov (United States)

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

    2014-05-01

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

  2. International commercial Arbitration and the challenge of mandatory rules of law: the case of arbitration in antitrust claims

    Directory of Open Access Journals (Sweden)

    Seyed Mohammad Tabatabaei Nejad

    2015-05-01

    Full Text Available For decades, the approach of legal systems towards private arbitration in competition law has been characterized by a certain mistrust or suspicion. Initially, this attitude may somehow have been linked to the uncertainty as to the arbitrability of competition law issues, in view of the fact that, in competition law matters generally, public interests are heavily at stake. In fact arbitration is a mechanism for pursuing a balance between the conflicts of parties’ demands. However during the time, more gates have been opened for arbitration and it got not only a private means but a way in which both private and public interests are secured. The public interests so are factors that shall be precisely considered to prevent the situation in which courts rejecting award in reviewing stage due to the fact that the public policy aspects of the case are not complied. In this article we scrutinize the challenges arbitration may encounter especially in respect of competition law in an international environment in respect of application of mandatory laws.

  3. 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.

  4. Civil And Arbitration Proceedings Unification In Russia: Relevance, Problems, Prospects

    Directory of Open Access Journals (Sweden)

    Ksenia M. Belikova

    2015-03-01

    Full Text Available In the present article authors, by analyzing provisions of the applicable civil and arbitration codes of Russia (hereinafter - the Code of Civil Procedure and the Code of Arbitration Procedure of the Russian Federation justify the relevance of the procedural reform and indicate its future prospects. Considerable attention is paid to the recently adopted Concept of a Code of Civil Procedure of the Russian Federation (hereinafter - the Concept. According to the author's position, now the creation and adoption of a united Code of Civil Procedure is not only relevant, but necessary phenomenon. In connection with this, the subject of analysis of the proposed concept is improved procedure for handling the application for disqualification of a judge, in comparison with the similar provisions of the existing Code of Civil Procedure and of the Code of Arbitration Procedure stand out its advantages. In addition, authors focus on other existing problems of legal regulation of various issues in the current Code of Civil Procedure and of the Code of Arbitration Procedure. Thus, in the view of the author in this article falls consideration of the problems associated with the absentee in civil proceedings, as well as the sole consideration (some provided by the Code of Civil Procedure, and the cases of the Code of Arbitration Procedure appeal against the decision of the trial court. The article also contains a disagreement with the position of the proposed by the concept for the recovery of legal costs for the services of their representatives to the proof in full and invited author's position on this issue. In addition to the analysis of the issues authors also offer some options for their solutions. At the end of the article authors make conclusions regarding the relevance of the Concept, its strengths and weaknesses in the regulation of the studied issues and the prospects of unification of civil and arbitration proceedings in Russia.

  5. THE ARBITRABILITY OF CORPORATE DISPUTES IN TERMS OF EXCLUSIVE AND SPECIAL JURISDICTION

    OpenAIRE

    D. V. GUMENYUK

    2015-01-01

    The article analyzes the Arbitration Procedure Code of the Russian Federation, the International Commercial Arbitration Act and case law of the Russian Federation for the arbitrability of corporate disputes. The article criticizes the approach according to which corporate disputes are non-arbitrable. The article gives an insight into the viewpoint which prohibits the arbitrability of corporate disputes by criticizing the major arguments of the Russian Courts used in their judgments. The artic...

  6. Enhanced arbitrated quantum signature scheme using Bell states

    Science.gov (United States)

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

    2014-06-01

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

  7. Limits to Party Autonomy in International Commercial Arbitration

    Directory of Open Access Journals (Sweden)

    Giuditta Cordero-Moss

    2014-11-01

    Full Text Available 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 arbitration clause, may be self-sufficient. The article further examines the degree to which transnational sources may provide a uniform regime, and highlights the role played by the applicable law and the various legal traditions.

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

    Directory of Open Access Journals (Sweden)

    - Setyawati

    2013-01-01

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

  9. Arbitration as Mean of Solving Litigations between Professional Traders – Novelties Inserted in the New CivilProcedure Code

    OpenAIRE

    Elise-Nicoleta VALCU

    2011-01-01

    Based on the “New York” Convention of 1958 [1] arbitration has become a true and efficient alternative of the common law jurisdiction. The regulation of arbitration in the new Civil Procedure Code [2] is found in the same Book (Book 4), divided into 7 Titles, instead of 11 Chapters. As a concept, the regulation of different specific arbitration institutions is similar to that provided for by the actual Book 4. The 7 Titles includes the general provisions on arbitration, arbitration agreements...

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

    Institute of Scientific and Technical Information of China (English)

    袁杜娟

    2012-01-01

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

  11. 40 CFR 304.20 - Jurisdiction of Arbitrator.

    Science.gov (United States)

    2010-07-01

    ... paragraph (e) of this section, the dollar amount of response costs recoverable by EPA pursuant to section... dollar amount of response costs recoverable by EPA, the Arbitrator shall uphold EPA's selection of the... dollar amount in excess of $500,000, excluding interest, prior to the rendering of the final...

  12. 40 CFR 304.33 - Arbitral decision and public comment.

    Science.gov (United States)

    2010-07-01

    ... section and § 304.40 of this part. (d) The parties shall accept as legal delivery of the proposed decision... proposed decision shall be null and void and of no legal effect, EPA shall withdraw from the proceeding... 40 Protection of Environment 27 2010-07-01 2010-07-01 false Arbitral decision and public...

  13. Grievance Procedures and Grievance Arbitration in Public Education.

    Science.gov (United States)

    Neal, Richard G.

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

  14. 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.

  15. 5 CFR 9701.522 - Exceptions to arbitration awards.

    Science.gov (United States)

    2010-01-01

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

  16. 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…

  17. The Community Arbitration Project, Anne Arundel County, Maryland.

    Science.gov (United States)

    Blew, Carol Holliday; Rosenblum, Robert

    This examines an exemplary project of community arbitration, a juvenile justice alternative. Essential elements of this project are described and include: (1) prompt case processing, (2) court-like setting, (3) involvement of victims, (4) assurance of due process, (5) use of community resources, and (6) constructive dispositions. Facets of CAP…

  18. The Scope of Grievance Arbitration in Public Education.

    Science.gov (United States)

    Schwartz, Allen D.

    This article discusses some of the cases in the public sector in which the courts have intervened in the arbitration process. The cases discussed have construed narrowly the delegation of school board authority in the areas of teacher dismissal and assignment in spite of negotiated collective bargaining agreements. Cases in New York, New Jersey,…

  19. Constitutionality of Compulsory Arbitration Statutes in Public Employment

    Science.gov (United States)

    Staudohar, Paul D.

    1976-01-01

    Reviews state supreme court rulings on constitutionality issues raised by compulsory arbitration for public employees. Cases are reviewed for the states of Wyoming, Pennsylvania, Rhode Island, Nebraska, Maine, Michigan, New York, South Dakota, Oklahoma, and Washington. Concludes that courts have generally upheld the constitutionality of such…

  20. CONSIDERATIONS ON INTERNATIONAL COMMERCIAL ARBITRATION IN COMPETITION MATTERS IN THE EUROPEAN UNION

    OpenAIRE

    Ioan LAZÃR; Laura LAZÃR

    2012-01-01

    Traditionally, the arbitrability of the competiton issues was subject of controversy in doctrine. Thus, in the opinion of majority, the confidentiality of the arbitration proceedings was considered inappropriate in what regards solving competition problems, given the fact that the economic policy aspects regarding competition are part of the public policy. Also, experts declared skeptical regarding the ability of arbitrators to resolve competition issues of the cases, due to their complexity....

  1. Challenges to the enforcement of foreign arbitral awards in the states of the Gulf Cooperation Council

    OpenAIRE

    Almutawa, Ahmed

    2014-01-01

    The topic of this thesis is the enforcement of foreign arbitral awards in the GCC states with the aim of offering a proposal for unifying the substantive and procedural rules for enforcing foreign arbitral awards under the ambit of the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards, the Riyadh Convention, and the ICSID Convention to which all the GCC states are signatories. The significance of this thesis is its comprehensive comparison of the Shari’a, inte...

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

    OpenAIRE

    Elena V. Sitkareva; Stanislav V. Trofimchuk

    2014-01-01

    The UN Commission on International Trade Law (UNCITRAL) has prepared a Model Law on International Commercial Arbitration (1985), which became the main legislation on arbitration for nearly 70 countries, including Russian Federation, and, thereby, set world legislation standards for arbitration. A number of other international instruments were adopted. In the present article authors consider questions of international law and national regulatory activities of international commercial arbitrati...

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

    Institute of Scientific and Technical Information of China (English)

    Felicity; Conrad

    2012-01-01

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

  4. On the Evidential Method in Arbitration Agreement for International Commercial Affairs

    OpenAIRE

    Xiaofei Wu

    2009-01-01

    The characteristics of the arbitration agreement for international commercial affairs determine that the agreement can be applied with the rules appropriate to those general laws of contract.But in international society. There are not unified measures to select the laws which dominate the arbitration agreement, this has braught great troubles to international trade. When Chinese people’s court make such determination, the applicable law should be the parties choice in their arbitration agreem...

  5. CONSIDERATION UPON ARBITRATORS’ COMPETENCE TO ORDER PROVISIONAL MEASURES DURING THE INTERNATIONAL COMMERCIAL ARBITRATION PROCEDURE

    OpenAIRE

    Roxana Maria ROBA

    2011-01-01

    The scope of provisional measures is to protect the rights of the parties which may be prejudiced during the arbitral procedure. The risk that important evidence may be lost or that the goods subjected to litigation may be alienated, which would make the execution difficult is particularly high, especially concerning international commercial arbitration. The aim of the study hereby is to analyze how the arbitrators’ competence to order interim measures is reflected in the main arbitration ins...

  6. Nature, Extent, and Role of Parties’ Autonomy in the Making of International Commercial Arbitration Agreements.

    OpenAIRE

    Salama, Nadia Ramzy Ali

    2016-01-01

    Nowadays, arbitration is increasingly defined by its procedural flexibility and suitability to adapt to the needs and circumstances of different parties in different situations. In so being, arbitration employs the agreement to arbitrate as the device through which parties can utilise this procedural flexibility to create an exceptionally party-oriented process. Consequently, the drafting of these agreements and the choices concluded by the parties in them can very much determine whether a pa...

  7. Book Review: Contracting with sovereignty:state contracts and international arbitration

    OpenAIRE

    Maniruzzaman, Munir

    2013-01-01

    The book under review has primarily made an appraisal of the recent developments in arbitral case law of both contract as well as treaty arbitrations in the context of state contracts. The book comprises seven chapters and is based on the author’s doctoral thesis. The aspects that prominently figure in the thematic discussion are the applicability of international law to state contracts, procedural aspects (i.e. jurisdiction and enforceability) of international arbitration, the concept of leg...

  8. Simulated arbitration on-line; training law students in a multi-jurisdictional context

    OpenAIRE

    Glavinis Panayotis

    2016-01-01

    This project enables law students from different countries to participate in a simulated arbitration case on-line. The objective of this innovative e-training distance learning tool is to familiarize law students with law and practice of international commercial arbitration. International arbitration is more than another way to settle cross-border commercial disputes. It is a real forum where the law governing international economic relations is progressively elaborated, applied and enforced ...

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

    Directory of Open Access Journals (Sweden)

    Rina Shahriyani Shahrullah

    2012-10-01

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

  10. On the Evidential Method in Arbitration Agreement for International Commercial Affairs

    Directory of Open Access Journals (Sweden)

    Xiaofei Wu

    2009-07-01

    Full Text Available The characteristics of the arbitration agreement for international commercial affairs determine that the agreement can be applied with the rules appropriate to those general laws of contract.But in international society. There are not unified measures to select the laws which dominate the arbitration agreement, this has braught great troubles to international trade. When Chinese people’s court make such determination, the applicable law should be the parties choice in their arbitration agreement. Absent such choice, the law of the country which has the closest relation with the arbitration should be applied.

  11. THE ARBITRABILITY OF CORPORATE DISPUTES IN TERMS OF EXCLUSIVE AND SPECIAL JURISDICTION

    Directory of Open Access Journals (Sweden)

    D. V. GUMENYUK

    2015-01-01

    Full Text Available The article analyzes the Arbitration Procedure Code of the Russian Federation, the International Commercial Arbitration Act and case law of the Russian Federation for the arbitrability of corporate disputes. The article criticizes the approach according to which corporate disputes are non-arbitrable. The article gives an insight into the viewpoint which prohibits the arbitrability of corporate disputes by criticizing the major arguments of the Russian Courts used in their judgments. The article argues that the rules of the Arbitration Procedure Code of the Russian Federation on special jurisdiction do not limit the right of the party to choose alternative dispute resolution, instead of the State’s Court ruling. Moreover, the rules, concerning exclusive jurisdiction do not apply to the arbitrability of the dispute. The Constitutional Court ruled out that the «exclusive jurisdiction » category does only apply to differentiate the Commercial Courts’ jurisdiction from the General Courts’ jurisdiction. The article also suggests an amendment to article 225.1 of the Arbitration Procedure Code of the Russian Federation admitting the arbitrability of corporate disputes.

  12. A conflict-free arbitration scheme in a large population

    OpenAIRE

    Hannu Vartiainen

    2008-01-01

    This paper studies allocations that can be implemented by an arbitrator subject to the constraint that the agents' outside option is to start bargaining by themselves. As the population becomes large, the set of implementable allocations shrinks to a singleton point - the conflict-free allocation. Finally, the conflict-free allocation can be implemented via a simple "lobbying" game where parties composed of agents with similar preferences bid for the right to be the first proposer in a bargai...

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

    OpenAIRE

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

    1985-01-01

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

  14. Arbitrated quantum signature scheme based on cluster states

    Science.gov (United States)

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

    2016-03-01

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

  15. Arbitrated quantum signature scheme based on cluster states

    Science.gov (United States)

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

    2016-06-01

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

  16. What Roles Can Constitutional Law Play in Investment Arbitration?

    OpenAIRE

    Boisson de Chazournes, Laurence; McGarry, Brian

    2014-01-01

    Interplays between international and domestic legal spheres have attracted increased attention in investor-State dispute settlement. From the treaty ratification process to award execution, constitutional norms play recurring roles before, during and after investment arbitrations. This contribution deals with the manner in which parties to such disputes can rely upon constitutional law or, more broadly speaking, domestic law. Notably, major hurdles to the application of domestic law in transn...

  17. Recognition of Contracts as Investments in International Investment Arbitration

    OpenAIRE

    ZIVKOVIC, Velimir

    2012-01-01

    The issue of recognition of contractual rights as protected investments in international investment arbitration, primarily under the auspices of ICSID, has sparked divergent approaches in case law. Treatment of certain contracts and the criteria used differ, which leads to unwelcome consequence of lowering legal certainty in a very sensitive issue. The aim of this paper is to contribute to enhancement and clarification of legal reasoning in this area, with a special focus on the criteria to b...

  18. The Challenge of UNASUR Member Countries to Replace ICSID Arbitration

    OpenAIRE

    Silvia Karina Fiezzoni

    2011-01-01

    In the 2000s, the financial crisis in Argentina and several nationalizations carried out by governments in South America have spawned a large number of claims before International Centre for Settlement of Investment Disputes (ICSID). Latin Americans began to look at ICSID critically, there have been complaints about ICSID's connections with the World Bank; non-commercial interests, such as health or environmental protection, have not received adequate attention in the arbitration cases; a lac...

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

    Directory of Open Access Journals (Sweden)

    Sedegheh Alimardani

    2010-07-01

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

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

    OpenAIRE

    Reynaldo Bustamante Alarcón

    2013-01-01

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

  1. Consent to Arbitration and the Legacy of the Spp V. Egypt Case

    Directory of Open Access Journals (Sweden)

    Palevičienė Solveiga

    2014-06-01

    Full Text Available The aim of this article is to identify the main principles governing the interpretation of domestic law clauses that grant jurisdiction to ICSID arbitration and to analyse the meaning of such provisions in the context of the SPP v. Egypt case as the first case on the issue. The article first examines the peculiarities of consent to ICSID jurisdiction by way of national legislation. In the first part the analysis of the practice of arbitral tribunals in which a claim was introduced on the basis of consent to arbitration in domestic law shows that specific language of national legislation on consent to arbitration varies considerably. Therefore, since consent is the “cornerstone” of the Centre’s jurisdiction, arbitral tribunals recognize that not all references to ICSID arbitration in national legislation amount to consent. They approach the task of ascertaining the existence of such consent with great care. In the second part, the article focuses on the SPP v. Egypt case on the issue and analyses challenges that the tribunal met in interpreting relevant national clauses and establishing the consent to arbitration. Finally, this article discusses the legacy of interpretation standard of SPP v. Egypt case in context of the dissenting opinion and further case law. It is argued that the rules of interpretation of domestic law clauses that grant jurisdiction to ICSID arbitration are conditioned by the sui generis nature of consent to arbitration as unilateral declarations capable of giving rise to international legal obligations. Therefore, for the purpose of establishing whether there is consent to arbitration provided in national legislation, international tribunals reasonably take a balanced approach and use the methodological mix of rules of interpretation involving various sources: the VCLT, customary law principles governing unilateral declarations and domestic legislation. Additionally, this article provides suggestions on the possible

  2. Mezinárodní arbitráž ve sporech o ochraně investic

    OpenAIRE

    Očenášková, Barbora

    2011-01-01

    This thesis analyses the function of international arbitration in investment disputes. The first part briefly concentrates on the characteristics of investments and connected risks, as well as the sources of international investment law. The next part is dedicated to the different types of disputes and to the possible ways of settling them. In particular, the thesis examines international arbitration -- mainly ICSID arbitration and disputes settled under UNCITRAL arbitration rules. The last s...

  3. 36 CFR 51.57 - How does a concessioner request arbitration of the construction cost of a capital improvement?

    Science.gov (United States)

    2010-07-01

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

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

    Science.gov (United States)

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

    2006-01-01

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

  5. 77 FR 4288 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-01-27

    ... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of... arbitration panel rendered a decision in the matter of the Oregon Commission for the Blind v. United States... the Blind. FOR FURTHER INFORMATION CONTACT: You can obtain a copy of the full text of the...

  6. 34 CFR 395.13 - Evidentiary hearings and arbitration of vendor complaints.

    Science.gov (United States)

    2010-07-01

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

  7. 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…

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

    Science.gov (United States)

    Davey, Harold W.

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

  9. 28 CFR 50.20 - Participation by the United States in court-annexed arbitration.

    Science.gov (United States)

    2010-07-01

    ... authority under the Department's regulations and the directives of the litigation divisions. See 28 CFR part... court-annexed arbitration. 50.20 Section 50.20 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) STATEMENTS OF POLICY § 50.20 Participation by the United States in court-annexed arbitration....

  10. Who Uses Interest Arbitration? The Case of British Columbia's Teachers, 1947-1981.

    Science.gov (United States)

    Currie, Janet

    1989-01-01

    A simple model that incorporates elements of the leading hypotheses is tested using a unique data set spanning 35 years of conventional arbitration experience among teachers in British Columbia. Found that bargaining units that used arbitration in earlier round of negotiations were more likely than others to use it in the current round. (JOW)

  11. 77 FR 26430 - Unfair Labor Practice Proceedings; Negotiability Proceedings; Review of Arbitration Awards...

    Science.gov (United States)

    2012-05-04

    ... Administrative Law Judge) must file that document with the Chief, Case Intake and Publication, Federal Labor... that part 2425 is applicable to all arbitration cases in which exceptions are filed with the Authority... this part. This part applies to all arbitration cases in which exceptions are filed with the...

  12. Pitfalls Advocates Should Avoid in Arbitration of Educational Negotiated Grievances Procedures.

    Science.gov (United States)

    Roumell, George T., Jr.

    1980-01-01

    Advocates at grievance arbitrations should know the requirements for challenging arbitrator jurisdiction, especially timeliness; should know the procedural safeguards in the contract that must be followed in order to sustain discipline; should know the theory of the case; and should realize that techniques of presentation may be important.…

  13. Defining the Scope of Grievance Arbitration in Public Education Employment Contracts

    Science.gov (United States)

    Shipley, David E.

    1974-01-01

    After examining the case law in this area, the comment concludes that the scope of grievance arbitration should be coextensive with the scope of collective bargaining. This broad scope of grievance arbitration can be achieved without destroying a school board's ability to manage its schools. (Author)

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

    Science.gov (United States)

    Rabin, Robert J.

    1978-01-01

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

  15. 论仲裁的程序管理%The Management of Arbitration Procedure

    Institute of Scientific and Technical Information of China (English)

    杨玲

    2012-01-01

    The Management of arbitration procedure is not only the core of promoting arbitration procedure, but also the process of realization of procedural automony and procedural justice. It is similar on purpose and funetions between the ease manegement of anglo-american courts and the manegement of arbitration procedure, but it is so different on the subject, stage, scope, origin of the power of mangement. Because of the different types of arbitration and the allocation of arbitral power, arbitatration institution, arbitral tribunal play different roles in the manegement of arbitration procedure. In the same time, the impact of secretary to arbitral tribunal can not be ignored, especially in Chinese institutional arbitrations. Arbitral tribunal may conduct the arbitration procedures appropriately and the only limit is procedural justice. In arbitration pratice, arbitrators should pay more attention to the procedural justice in three aspects: how to treat the potential parties, how to do during the process and the mediation process in the arbitration.%仲裁程序的管理,既为推进仲裁程序进行之必要,也是程序自治与程序正当的实现过程。与英美法院的案件管理相比较,仲裁程序管理虽然在目的和功能上略有相似,但在管理的主体、管理的阶段、程序管理的范围、管理的性质等方面大有不同。由于仲裁的形态和仲裁权的分配不同,仲裁机构、仲裁庭在仲裁程序管理中扮演不同角色。仲裁秘书在仲裁程序管理中的作用不容小觑,特别是我国的机构仲裁中。仲裁庭有适当进行仲裁程序的权力,但在程序管理中受到程序公正的限制。仲裁员在程序管理的实践中,至少要在三个方面特别关注程序公正问题,即接待潜在当事人、仲裁程序进行之中以及仲裁中的调解程序。

  16. Collision Arbitration Based on Different Slot Times for Slotted-Aloha RFID Systems

    Science.gov (United States)

    Lee, Young-Jun; Kwon, Dae-Ken; Kim, Hyoung-Nam

    Tag collision is a major problem in the field of multi-tag identification in RFID systems. To solve this problem, many RFID systems adopt their own collision arbitration algorithms based on framed-structure slotted Aloha (FSSA) due to the simplicity of implementation. The frame size, meaning the number of slots in a frame, is a very important factor to inventory tags' responses in the FSSA. How to assign the frame size is therefore crucial to the collision arbitration performance. Since the existing collision arbitration methods do not consider the slot times of each slot when assigning frame size, they may increase overall identification time. By involving the slot times, we improve the collision arbitration performance of the conventional methods. Simulation results show that collision arbitration based on the proposed method is superior to that based on the conventional methods, irrespective of the number of tags.

  17. On the security of arbitrated quantum signature schemes

    CERN Document Server

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

    2012-01-01

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

  18. Improving the security of arbitrated quantum signature protocols

    CERN Document Server

    Sun, Zhiwei; Long, Dongyang

    2011-01-01

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

  19. 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.

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

    Directory of Open Access Journals (Sweden)

    Elena V. Sitkareva

    2014-03-01

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

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

    Science.gov (United States)

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

    2015-02-01

    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.

  2. 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.

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

    Science.gov (United States)

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

    2016-04-01

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

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

    CERN Document Server

    Chong, Song-Kong; Hwang, Tzonelih

    2011-01-01

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

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

    CERN Document Server

    Hwang, Tzonelih; Chong, Song-Kong

    2011-01-01

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

  6. The Law Applicable to the Arbitration Agreement:Towards Transnational Principles

    OpenAIRE

    Nazzini, Renato

    2016-01-01

    This article examines the problem of the law governing the validity of the arbitration agreement. The cases of Sulamérica in the English Court of Appeal and of FirstLink in the High Court of Singapore demonstrate that leading arbitration jurisdictions around the world can come to diametrically opposite results. In particular, the alternative between the law chosen by the parties to govern their substantive legal relationship and the law of the seat of the arbitration is unlikely to be settled...

  7. 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

  8. 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.

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

    Directory of Open Access Journals (Sweden)

    T. Kehinde Adekunle

    2015-12-01

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

  10. Compulsory Arbitration and the Right to Strike: The Experience of Alberta’s University Faculty

    Directory of Open Access Journals (Sweden)

    Jeffery Taylor

    2006-05-01

    Full Text Available University academic staff in Alberta operate under a collective bargaining regime in which compulsory arbitration replaces strike/lockout to resolve disputes over contract renewal. How did this come about? And what has the experience been under a regime of interest arbitration? This paper addresses these questions by investigating the origins of faculty association collective agreements in Alberta, tracing arbitral experience over the past thirty years, and looking more closely at a group of four arbitrations in 2001-2003. The paper concludes by asking whether it is time for academic staff associations to assert their fundamental right to strike, regardless of what is in their collective agreements or in the statute governing their collective bargaining.

  11. Significance of Recent Decisions on Grievance Arbitrability Questions in Public Sector Labor Relations.

    Science.gov (United States)

    Vaccaro, Patrick L.

    1979-01-01

    A review of court cases reveals that most jurisdictions are drifting toward the private sector presumption of arbitrability of grievances. With this drift comes the continual erosion of management prerogatives, authority, and power. (Author/IRT)

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

    OpenAIRE

    David Schneiderman

    2011-01-01

    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 t...

  13. The origins of Argentina’s litigation and arbitration saga, 2002-2014

    OpenAIRE

    Arturo C. Porzecanski

    2015-01-01

    The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) has established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the U.S. Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related litigation activity might be explained by the sheer size of the government’s 2001 default, the largest-ever...

  14. The principles of adversarial procedure and equality in international commercial arbitration

    OpenAIRE

    Козирєва, Валентина; Гаврилішин, Анатолій

    2016-01-01

    The article investigates the principles of competitiveness and procedural equality as basic principles of justice which govern litigation international commercial arbitration. On the basis of international legal acts are examples of the application of the above principles. English abstract V. Kozyreva, A. Havrylishyn The article deals with the principles of competition and equality of procedural justice as the basic principles governing the cases to international commercial arbitration. On...

  15. Unveiling Fairness for the Consumer: The Law, Economics and Justice of Expanded Arbitration

    OpenAIRE

    Bruce Wardhaugh

    2014-01-01

    In recent years, the US Supreme Court has rather controversially extended the ambit of the Federal Arbitration Act to extend arbitration's reach into, inter alia¸ consumer matters, with the consequence that consumers are often (and unbeknownst to them) denied remedies which would otherwise be available. Such denied remedies include recourse to class action proceedings, effective denial of punitive damages, access to discovery and the ability to resolve the matter in a convenient forum. T...

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

    OpenAIRE

    Anton V. Yakovlev; Sergey S. Shakirov

    2014-01-01

    In the present article the legal regulation of international commercial arbitration in Egypt evolution is researched, legal documents governing operation of international commercial arbitration, general characteristics is given, features of legal norms and legal regulation are pointed out, also legal practice of application is analyzed. Author points out that at first legislation of Egypt was under the strong influence of Islamic law, later the legal system in Egypt was subjected to extensive...

  17. Recent Practice/Future Possibilities: A Survey of Practitioners in International Commercial Arbitration.

    OpenAIRE

    Grace Farrell Roemer; Melissa Miller; Martha Kovac

    2005-01-01

    International commercial arbitration has the potential to improve the expansion of world trade by decreasing some of the costs, and risks, of conducting business in the global economy. This report highlights interviews with a handpicked sample of 53 advocates and arbitrators from around the world who provided information on their past experience as well as their projections for the future. By comparing recent experience to future projections, the study identified possible areas of continuity ...

  18. CONSIDERATIONS ON THE LEGAL FRAMEWORK OF ARBITRATION. NATIONAL AND INTERNATIONAL REGULATIONS

    OpenAIRE

    Roxana Maria ROBA

    2015-01-01

    Arbitration, as an alternative jurisdiction with a private feature, displays a number of advantages that have determined the international organizations to encourage, in this way, the resolution of international commercial disputes and therefore, they promoted a number of international conventions in this regard. This study aims to analyze the legal framework of arbitration by completing a presentation of national and international regulations in this matter.

  19. IMPORTANCE OF COURT PRACTICE REVIEW IN RUSSIAN ARBITRATION (COMMERCIAL) COURT PROCEEDINGS

    OpenAIRE

    Solovyev, A. (Andrey)

    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.

  20. Private-public interaction in global governance: The case of transnational commercial arbitration

    OpenAIRE

    Whytock, CA

    2010-01-01

    Scholars of international relations and global governance are increasingly interested in the transnational commercial arbitration system. So far, they have tended to characterize the system as a form of private global governance. However, using a combination of empirical and legal analysis, this article draws attention to the critical role of the state in the transnational commercial arbitration system, and shows that both rule-making and enforcement in the system depend largely on interactio...

  1. International Investment Arbitration and Parallel Proceedings: Focusing on regulation and coordination under national law (Japanese)

    OpenAIRE

    Nakamura, Tatsuya

    2008-01-01

    This paper concerns the regulation and coordination of parallel proceedings in international investment arbitration. The paper first focuses on Lauder/CME v. Czech Republic, a recent case of parallel proceedings that resulted in conflicting decisions, and identifies problems raised therein. Then, it examines the legal rules applicable to arbitral proceedings governing parallel proceedings and explores legislative solutions at the international treaty level to regulate and coordinate the paral...

  2. Some Reflections on Arbitration in the Yukos v. The Russian Federation

    OpenAIRE

    Kałduński, Marcin

    2015-01-01

    In an extraordinary arbitration proceedings recently concluded, the Tribunal found that the respondent State breached its obligations under the Energy Charter Treaty and ordered Russia to pay damages in excess of USD 50 billion to the former Yukos shareholders. This article considers the application of the principle of clean hands in the Yukos v. The Russian Federation case. The arbitral Tribunal held that the said principle does not form a part of positive international law and therefore it ...

  3. Breach of Contracts in Investor-State Arbitration Based on International Investment Agreements (Japanese)

    OpenAIRE

    HAMAMOTO Shotaro

    2008-01-01

    This study examines the question whether and in which cases it is possible to settle disputes arising from investment contracts concluded between a foreign investor and a recipient State through the dispute settlement procedure (typically, arbitration) provided in international investment agreements (IIAs) concluded between the investor's State of nationality and the recipient State. The issue of whether the arbitration based on IIAs can deal with disputes over investment contracts arises in ...

  4. The treatment of tax as expropriation in International investor–state arbitration

    OpenAIRE

    Lazem, A; Bantekas, I

    2015-01-01

    This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Arbitration International following peer review. The definitive publisher-authenticated version Arbitration International, 2015, 0, 1–46 is available online at: http://dx.doi.org/10.1093/arbint/aiv030 Domestic tax measures are treated by investment tribunals as a fundamental attribute of sovereignty and constitute lex specialis in relation to the general rule on expropriation under customary internati...

  5. Applicable Laws in ICSID Arbitration: Direct application of international law and its implications (Japanese)

    OpenAIRE

    KOMETANI Kazumochi

    2008-01-01

    The purpose of this paper is to demonstrate, through the analysis of arbitration awards, that in investor-state arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States ("ICSID Convention"), it has been permissible for claims to be directly based on international law even if it is not specifically designated as the applicable law, and to identify the problems and limits of this jurisprudence.First, it is not only what substantive p...

  6. Security of the arbitrated quantum signature protocols revisited

    International Nuclear Information System (INIS)

    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)

  7. 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. PMID:10257047

  8. 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.

  9. Temporal jurisdiction of international judicial and arbitral courts

    Directory of Open Access Journals (Sweden)

    Đajić Sanja

    2011-01-01

    Full Text Available Author explores different temporal aspects of jurisdiction of International Court of Justice, European Court for Human Rights and international investment arbitrations. Temporal limitations are two-fold: non-retroactivity of international acts, on one hand, and ratione temporis conditions for each and every international forum, on the other. Despite differences courts tend to conceptualize common elements across the borders of different jurisdictional rules. The rule of non-retroactivity will find its application before different fora, but discrepancies will emerge with respect to concepts of continuous and composite acts which potentially may overcome temporal limitations. This article explores intertemporal rule and non-retroactivity within the meaning of Article 28 of the Vienna Convention on the Law of Treaties and Articles 13-15 of ILC Articles on State Responsibility.

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

    Science.gov (United States)

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

    2013-11-01

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

  11. Singular Succession and Arbitration Agreements : A Study of the Remaining Party's Duty to Arbitrate with a Successor in Light of the Emja and Electrolux Judgments

    OpenAIRE

    Lüning, Rasmus

    2015-01-01

    The consequences of singular succession on arbitration agreements has for long been a debated topic in Swedish arbitration law. Party substitution is commonplace in the economy, and predictability and certainty in the economy demands clarification of the consequences of transfers and restructurings on arbitration agreements. The issue is unregulated in the SAA and has so far been decided on the basis of a concise statement in the preparatory works and the succinct Supreme Court judgment NJA 1...

  12. Relationships between Investor-State Arbitration and Local Remedy Procedures in Bilateral Investment Treaties/Economic Partnership Agreements (Japanese)

    OpenAIRE

    Abe, Yoshinori

    2007-01-01

    In this paper I closely scrutinize the legal relationships between investment arbitration and local remedy procedures in the global "network" of bilateral investment treaties (BITs) and free trade agreements (FTAs)/economic partnership agreements (EPAs), examining the desirable ways in which the two relationships should be regulated. When investors refer disputes to investment arbitration (procedures for international arbitration between investors and states) they are not required to exhaust ...

  13. New Developments on Investor-Versus-State Arbitration and their Implications: Impact of "Legalization" of Investment Treaties (Japanese)

    OpenAIRE

    KOTERA Akira

    2005-01-01

    Since the later half of the 1990s, there has been a remarkable rise in the use of investor-versus-state arbitration clauses under investment treaties (hereinafter "investment treaty arbitration"). Points at issue that have frequently been raised in arbitration under investment treaties include (1) obligations to compensate for expropriation, (2) obligations to provide fair and equitable treatment, and (3) obligations to grant most-favored nation treatment. Of these, the first two points are o...

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

    Science.gov (United States)

    2010-01-01

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

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

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Inter-American Commercial Arbitration... DEPARTMENT OF STATE INTERNATIONAL COMMERCIAL ARBITRATION INTER-AMERICAN COMMERCIAL ARBITRATION COMMISSION RULES OF PROCEDURE Pt. 194, App. A Appendix A to Part 194—Inter-American Commercial...

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

    Science.gov (United States)

    2010-10-01

    ... 47 Telecommunication 3 2010-10-01 2010-10-01 false Arbitration and mediation of agreements by the... Implementation of Section 252 of the Act § 51.807 Arbitration and mediation of agreements by the Commission... proceeding or matter. (c) In resolving, by arbitration under section 252(b) of the Act, any open issues...

  18. Arbitration proceedings under international regime - an overview on the Albanian legislation

    Directory of Open Access Journals (Sweden)

    Artan SPAHIU

    2012-12-01

    Full Text Available In recent years, globalization has brought the spirit of breaking down cultural and social barriers between people and particularly has accelerated communication and economic cooperation between states. In this context, legal issues regulating these relations can not remain within national frameworks but have received more and more an international prospective. A clear example of this context is the international commercial arbitration. The great increase of the international trade and companies investment in foreign countries is associated with the tendency to transform the international commercial arbitration into a mechanism used increasingly to settle disputes arising from these relationships. Through this paper, highlighting the main features of international commercial arbitration will be presented a comparative overview between international legal framework and domestic provisions of the Albanian legislation, governing the arbitration proceedings. In this way, will be presented the problematic issues which are addressed by the domestic legal framework in this area, as well as the necessity for eventual changes. Adoption and implementation of legal instruments, which provide contemporary improvements of arbitration institute, in accordance with the international legal framework, will be a good service to the integration process of the Albanian economy.

  19. 76 FR 15359 - Notice of Proposed Revision to Guidance for the Use of Binding Arbitration Under the...

    Science.gov (United States)

    2011-03-21

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

  20. 77 FR 34249 - Notice of Final Revision to Guidance for the Use of Binding Arbitration Under the Administrative...

    Science.gov (United States)

    2012-06-11

    ... published in the Federal Register (69 FR 10288) its Guidance for the use of binding arbitration as an... its proposal to eliminate the ``Night Baseball'' format from the Guidance (76 FR 15359). Several years... Use of Binding Arbitration Under the Administrative Dispute Resolution Act of 1996 AGENCY:...

  1. AVIS DES ARBITRES DE BASKET-BALL DE SEPT PAYS EUROPÉENS SUR LEUR ÉVALUATION PHYSIQUE

    OpenAIRE

    Van Hoye, Martin; Cloes, Marc

    2014-01-01

    Le test Léger est-il adapté aux efforts fournis par les arbitres de basket-ball au cours d'une rencontre ? Quels sont les avis des arbitres à ce niveau ? Quels tests plus adaptés pourraient être réalisés ?

  2. [Resolution of medical complaints by arbitration. Analysis of 140 cases].

    Science.gov (United States)

    Valle-González, A

    2000-01-01

    The author studied 140 complex medical complaints handled by an Alternative Disputes Resolution Institution (CONAMED), between June 1996 and December 1999. There were 79 females and 61 males, cases originated in public hospitals 93 (66.4%) and private hospitals or practitioners 47 (33.6%). Several cases were treated sequentially in both types of institutions. The medical specialties involved were in frequency order: Neurosurgery, General Surgery, Gyn-Ob, Anesthesiology, Traumatology and Orthopedics, Oncology, Emergency, and 22 others. The causes of complaints were: Surgical treatment, Medical treatment, Diagnosis, Anesthesia, and mixed causes. There were 59 deaths, 43 anatomic or functional loses, disability or sequelae; and 34 recoveries. CONAMED delivered 27 arbitration verdicts, 94 expert opinions asked by prosecutors or human rights organizations, and 1 technical advice to medical authorities. Some resolutions included more than one case. More than half of physicians involved were found not guilty of malpractice. Even though the main CONAMED purpose is to improve the quality of Medical Care acting as The Health Ombudsman, its performance may be on behalf of medical practitioners. PMID:10992645

  3. Security analysis and improvements of arbitrated quantum signature schemes

    International Nuclear Information System (INIS)

    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.

  4. Supreme Court to hear ADA suit involving arbitration clause.

    Science.gov (United States)

    1998-03-20

    The U.S. Supreme Court agreed to review a third case under the Americans with Disabilities Act (ADA) this year. The Supreme Court previously agreed to hear [name removed] v. [Name removed], involving a dentist who refused to treat an HIV-positive patient in his office. The second case is Pennsylvania Department of Corrections v. [Name removed], in which the State asserts that the ADA does not apply to prisons. The third involves whether an arbitration clause in a labor union's collective bargaining agreement prevents a court from hearing a union member's discrimination claim. [Name removed] longshoreman [name removed] alleges that the [name removed] and several employers violated the ADA when they refused to help him for employment referral. [Name removed] previously settled a workers' compensation disability claim with [name removed] and Terminal Co., his employer. Three years later he applied for work at the International Longshoreman's Association hiring hall and was referred to four different employers. The employers discovered he had received a worker's compensation settlement and would no longer accept [name removed] for employment referral. The case is important because union members can continue to file ADA charges with the EEOC and the outcomes will vary depending on the circuit where the union member happens to file the claim. PMID:11365192

  5. LEGAL ISSUES IN THE ANNULMENT OF INTERNATIONAL ARBITRAL AWARD IN THE HIMPURNA AND KARAHA BODAS IN INDONESIA

    Directory of Open Access Journals (Sweden)

    Irna Nurhayati

    2015-02-01

    Full Text Available Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of the award have occurred in Indonesia. The Himpurna and Karaha Bodas are two notorious cases that show the annulment of the international arbitral awards by a court in Indonesia. However, several legal issues have arisen on this annulment, because the judges in their decision relied on a wrong interpretation to the provision of the United Nation Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention, and the parties agreement. This paper will analyse the error of the Indonesian court in annulling the Himpurna and Karaha Bodas awards. This paper will then demonstrate the judges’ misinterpretation to the New York Convention provision concerning refusal and annulment of foreign arbitral award. This paper ultimately will suggest how to create a proper legal environment in Indonesia to apply international arbitration.

  6. 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.

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

    Science.gov (United States)

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

    2011-06-01

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

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

    Science.gov (United States)

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

    2013-10-01

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

  9. Considerations for implementing pre-dispute arbitration agreements in provider contracts.

    Science.gov (United States)

    Desmond, Joseph M

    2008-01-01

    Due in part to the historical increase in large compensatory awards and punitive damages in jury verdicts in medical malpractice/long-term care cases and the concomitant increase in the costs of defending these claims, healthcare providers have sought to reduce litigation costs and avoid exposure to runaway jury verdicts in medical malpractice trials by implementing arbitration agreements in healthcare admission contracts. Risk managers should be aware of the evolving law in this area and recognize that a successful arbitration program requires a commitment to ensuring that the program is administered in accordance with evolving laws. PMID:20200899

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

    Energy Technology Data Exchange (ETDEWEB)

    Sugawara, Yutaka

    2013-09-10

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

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

    Science.gov (United States)

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

    2016-05-01

    The Arbitration Board for Medical Liability Issues of the State Medical Councils of Northern Germany in Hannover (North German Arbitration Board, NGAB) settles about 100 cases in the area of anaesthesiology per year. In these proceedings the patient carries the burden of proof. I. e. the patient has to prove that its health damage was caused by a medical error. Nevertheless, for individual cases the NGAB examines also whether facilitation of the burden of proof can be granted to the patient. This article exemplifies cases, for which the NGAB recognized such facilitation of the burden of proof. In each of these cases, the NGAB asserted the damage claim. PMID:27213605

  12. Consent to Arbitration and the Legacy of the Spp V. Egypt Case

    OpenAIRE

    Palevičienė Solveiga

    2014-01-01

    The aim of this article is to identify the main principles governing the interpretation of domestic law clauses that grant jurisdiction to ICSID arbitration and to analyse the meaning of such provisions in the context of the SPP v. Egypt case as the first case on the issue. The article first examines the peculiarities of consent to ICSID jurisdiction by way of national legislation. In the first part the analysis of the practice of arbitral tribunals in which a claim was introduced on the basi...

  13. Judicial review of arbitral awards in China: the need for reform

    OpenAIRE

    Fei, Lanfang.; 费兰芳.

    2012-01-01

    The subject of this thesis is the judicial review of arbitral awards in China. Chinese arbitration law provides a distinct set of rules for reviewing international and domestic awards, which is usually referred to as the dual-track system (“Shuang Gui Zhi”). First, the judicial review standard is dual-track because international awards are subject to procedural and limited review, whereas domestic awards are subject to substantial review. Second, the review procedure is also dual-track be...

  14. The authority of a truncated arbitral tribunal: straight path or puzzle?

    OpenAIRE

    Maniruzzaman, Munir

    2012-01-01

    The situation of a truncated arbitral tribunal may be caused by various factors. It may arise when a three-member tribunal during the course of the arbitral proceedings and before the rendering of the award does not remain the same at some point, meaning that one of the members of the tribunal dies, resigns or fails to attend the proceedings or deliberations leaving the two other members at the helm. In such a situation the questions arise: what is the authority of a truncated tribunal? Can i...

  15. Mezinárodní obchodní arbitráž – uznání a výkon cizích rozhodčích nálezů

    OpenAIRE

    Gulova, Anastasia

    2012-01-01

    The mail goal of this bachelor thesis is to describe the process of recognition and enforcement of foreign arbitral awards under the New York convention. Introductory chapters of the thesis encompass the most important definitions and aspects related to the arbitration process: the arbitration agreement, the arbitrator, relevant legislation and the relationship between state and arbitration courts. The next part presents the overview of situations which may lead to the refusal of the award.

  16. 我国商事仲裁制度改革若干建议%Suggestions to Commercial Arbitration System

    Institute of Scientific and Technical Information of China (English)

    马骏

    2011-01-01

    Along with development of economic globalization,China's current Arbitration System is encountering more and more restrictions and limitations of its own and needing some active reforms. The suggestions on that could be as follows:Firstly,to ensure its independent non-governmental status by less administrative intervention to the arbitration agency;Secondly,to broaden regulations and legal interpretations of arbitration agreement through referring to best practices and lessons learned on relative legislations of other countries;Thirdly,to give legal status to the temporary arbitration to increase the arbitration efficiency;and Finally,to gradually reduce the court judicial interventions to the arbitration and strengthen the assistance to the arbitration accordingly.%随着经济全球化的发展,我国现有仲裁制度的局限与不足日渐明显,需要积极进行改革,包括:应减少对仲裁机构的行政干预,确保其独立的民间地位;借鉴外国相关立法和经验,对仲裁协议作比较宽松的规定及解释;为提高仲裁效率,应赋予临时仲裁相应的法律地位;法院对仲裁的司法干预应不断弱化,而对仲裁的协助应不断加强。

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

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2008-01-01

    3. In the article, the Researcher reviews the work of Professors Guillermo A. Alvarez and W. Michael Reisman from Yale Law School, regarding the mechanisms of international investment arbitration and their importance for developing countries. The article provides a critical perspective on the aut...

  18. 77 FR 20012 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2012-04-03

    ... facility income as set aside fees from Complainant. The set aside fees were used to help pay for the health... that the subcontract with the third-party contractor was initiated by the SLA, including making all of... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice...

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

    Science.gov (United States)

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

    2011-02-01

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

  20. A Construction of Authentication Codes with Arbitration from Vector Spaces over Finite Fields

    Institute of Scientific and Technical Information of China (English)

    Wei Jia LI; Ji Zhu NAN

    2011-01-01

    This paper is devoted to constructing an authentication code with arbitration using subspaces of vector spaces over finite fields. Moreover, if we choose the encoding rules of the transmitter and the decoding rules of the receiver according to a uniform probability distribution, then some parameters and the probabilities of successful attacks are computed.

  1. 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…

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

    Science.gov (United States)

    Pennsylvania School Boards Association, Inc., Harrisburg.

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

  3. Evaluation as Arbitration: External Evaluation of a Multilateral Development Project in a Third World Country.

    Science.gov (United States)

    Bhola, H. S.

    Evaluation as a political arbitration entity is discussed in the case of a multilateral literacy development project in the fourth year of operation in a Third World country. An external evaluation team was invited to evaluate the project when conflict appeared between the funding agency (A) and the technical agency (B) over a project-related…

  4. Employee's Pursuit of Hirsute: The Arbitration of Hair and Beard Cases.

    Science.gov (United States)

    Marmo, Michael

    1979-01-01

    Arbitrators agreed that the dress issue is not constitutional and that the employer's desire to maintain product cleanliness and employee safety takes precedence over an employee's desire concerning his or her hair. However, an employer's desire to maintain a certain image does not take precedence. (IRT)

  5. Simulated arbitration on-line; training law students in a multi-jurisdictional context

    Directory of Open Access Journals (Sweden)

    Glavinis Panayotis

    2016-01-01

    Full Text Available This project enables law students from different countries to participate in a simulated arbitration case on-line. The objective of this innovative e-training distance learning tool is to familiarize law students with law and practice of international commercial arbitration. International arbitration is more than another way to settle cross-border commercial disputes. It is a real forum where the law governing international economic relations is progressively elaborated, applied and enforced in a constantly changing world. Law students need to get themselves acquainted with this discipline, which is particularly adapted to the modern requirements of an increasingly globalized economy. Four Universities participated in the simulated arbitral proceedings using this tool: http://mockarbitrationonline.blogspot.gr/ The case selected was related to a multinational cross-border business transaction. Instead of using fictitious states (such as Utopia or Ruritania, specific countries were selected (such as Czech Republic, Ukraine and Greece, in order for students to apply the legal rules, which are actually in force in these countries.

  6. 75 FR 79352 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-12-20

    ... v. Oregon Commission for the Blind, Case no. R-S/07-2. This panel was convened by the Department... extent of the SLA's legal authority under State law regarding community colleges and that a response from... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice...

  7. 76 FR 21871 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-04-19

    ... Thelen v. Michigan Commission for the Blind, Case no. R-S/08-7. This panel was convened by the Department... matter. On August 4, 2008, the Administrative Law Judge (ALJ) issued a recommended decision. On November... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice...

  8. 76 FR 21872 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2011-04-19

    ..., Case no. R-S/08-11. This panel was convened by the Department under 20 U.S.C. 107d-1(a), after the... Administrative Law Judge (ALJ) issued a decision ruling that (1) The Nesbett snack bar vending facility is not... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice...

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

    Science.gov (United States)

    2012-03-06

    ... Blind, Case no. R-S/08-8. FOR FURTHER INFORMATION CONTACT: You can obtain a copy of the full text of the... fair hearing. A hearing was held and the administrative law judge (ALJ) recommended that Complainant's... Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice...

  10. 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.

  11. International arbitration in the PRC as a result of global economic integration

    OpenAIRE

    Tomasz Copp

    2011-01-01

    The presented information on the arbitration system in China explains the growth of its popularity in the time of the hemispherical economic integration. Despite this there is a lack of adequate knowledge among many of the entrepreneurs operating in the Chinese market about the opportunities which the law gives to them.

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

    Institute of Scientific and Technical Information of China (English)

    Zheng Yan

    2007-01-01

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

  13. 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..

  14. 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.

  15. Arbitrability and Foreign Law : An analysis of under which state’s law a dispute must be amenable to out-of-court settlement in order to be arbitrable under Swedish law

    OpenAIRE

    Gräslund, David

    2015-01-01

    Which State’s law should determine if a dispute is amenable to out-of-court settlement and consequently whether a dispute is arbitrable under Swedish law? Some legal scholars reason that general principles of private international law should solve the question as a conflict-of-laws issue, while others believe that Swedish mandatory law should apply directly. The Swedish Arbitration Act is unclear and both solutions find support in contradictory case law. It is thus not only debatable what the...

  16. The Scope of Collective Bargaining and Arbitration for Tenure of Public School Teachers: The New York Experience.

    Science.gov (United States)

    Munro, Robert J.

    1978-01-01

    Shows the scope of collective bargaining and arbitration for tenure that has developed in New York. Examines both the statutory background of the right of collective bargaining for tenure and the recent case law on the subject. (Author/IRT)

  17. The Resolution of Disputes at the London Court of International Arbitration (LCIA): Practical Aspects (Moscow, March 21, 2014)

    OpenAIRE

    Nadia Hubbuck; Jane Fedotova; Konstantin Astafiev; Irina Suspitcyna

    2015-01-01

    This note is an overview of the seminar organized on March 21, 2014 in Moscow. during the discussion participants considered a draft of the new LCIA rules, the practical aspects of the submission of applications and consideration of cases at the LCIA, the difficulties arising in the enforcement of the arbitration agreements and awards in the russian federation, as well as support, which the russian courts are able to provide to the international arbitration. the summary of the issues discusse...

  18. LEGAL ISSUES IN THE ANNULMENT OF INTERNATIONAL ARBITRAL AWARD IN THE HIMPURNA AND KARAHA BODAS IN INDONESIA

    OpenAIRE

    Irna Nurhayati

    2015-01-01

    Law enforcement of international arbitral award in Indonesia is still lacking. Some annulments of the award have occurred in Indonesia. The Himpurna and Karaha Bodas are two notorious cases that show the annulment of the international arbitral awards by a court in Indonesia. However, several legal issues have arisen on this annulment, because the judges in their decision relied on a wrong interpretation to the provision of the United Nation Convention on the Recognition and Enforcement of For...

  19. [Medical expert assessment and civil and criminal law from the viewpoint of arbitration services and the expert committee].

    Science.gov (United States)

    Vorster, C

    1996-11-01

    The procedures of the arbitration committee of north Germany for medical liability claims are discussed. This procedure is set into relation to that at court. Due to the continuously maintained communication between lawyers and physicians, which does not occur in a comparable manner in court, the choice to proceed at a arbitration committee and an expert board is seen as more useful and pertinent than at court. This is specifically explained. PMID:9064927

  20. Measuring Gross Disproportion in Environmental Precaution to Establish Regulatory Expropriation and Quantum of Compensation in International Investment Arbitration

    OpenAIRE

    Collins, D A; Thomas, P.

    2014-01-01

    This article applies a new methodology for the assessment of environmental risk prevention expenditure to the adjudication process of international investment arbitration. The Disproportion Factor Model can be implemented by investment arbitration tribunals to evaluate the reasonableness of environmental regulations imposed by host states that have a damaging impact upon foreign investment activity, such as would be the subject for a claim of indirect or regulatory expropriation. In this sett...

  1. The impartial and independent composition of the international arbitral tribunal : a critical survey / Petrus Albertus Le Roux van Zyl

    OpenAIRE

    Van Zyl, Petrus Albertus Le Roux

    2006-01-01

    Globally the resolution of disputes is known for expensive costs and lengthy periods of time before a court reaches a decision. This position becomes even more complex where a person has to resort to a foreign country with a foreign legal system to resolve a dispute. International commercial arbitration provides a practical alternative to resolve disputes in the world of international trade. lnternational commercial arbitration can shortly be described as a private method of di...

  2. Public policy as a ground for the refusal to enforce international commercial arbitration awards / Johannes Berning Robertson

    OpenAIRE

    Robertson, Johannes Berning

    2011-01-01

    In international commercial arbitration the recognition and enforcement of the award is a very important aspect of the whole arbitration process since recognition and enforcement can ultimately ensure a successful recovery of monies due. It is therefore critically important for parties to be certain that if an award is made in their favour that the award will not be refused recognition and enforcement in the country where they will ultimately seek enforcement of the award. T...

  3. Categories of Rulings on Compensation and Reparation in the International Investment Arbitration : A tentative reclassification of cases (Japanese)

    OpenAIRE

    TAMADA Dai

    2008-01-01

    In this paper I treat some leading rulings on compensation and reparation in the jurisprudence of international investment arbitrations, for the purpose of clarifying the trend of judgment upon the damage valuation criteria and methods. The recent discussion on the investment arbitration cases puts too much emphasis on various standards in substantive law, for example, expropriation, fair and equitable treatment obligation, most-favored-nation treatment obligation, and national treatment obli...

  4. ‘PRO ENFORCEMENT BIAS’ UNDER ARTICLE V OF THE NEW YORK CONVENTION IN INTERNATIONAL COMMERCIAL ARBITRATION: COMPARATIVE OVERVIEW

    OpenAIRE

    Fifi Junita

    2015-01-01

    This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in so...

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2009-01-15

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

  6. Towards Greater Doctrinal Clarity in Investor-State Arbitration : The CMS, Enron, and Sempra Annulment Decisions

    OpenAIRE

    von Staden, Andreas

    2011-01-01

    Several arbitral awards rendered against Argentina under bilateral investment treaties and related to the country's devastating economic crisis in 2001-2002 restrictively interpreted Argentina's ability to rely on either the exception clause in the US-Argentina investment treaty or the necessity defence under customary international law. In three cases (CMS, Sempra, and Enron), the tribunals, by simply equating the requirements under the treaty exception with those of the customary necessity ...

  7. Regulations and Indirect Expropriation: Major criteria for deciding indirect expropriations in investment treaty arbitration (Japanese)

    OpenAIRE

    Matsumoto, Kayo

    2008-01-01

    This paper examines the current jurisprudence of expropriation in investment treaty arbitration. For investors, the expropriation of local companies or factories in foreign countries is the biggest of all foreseen risks, but expropriation itself is not illegal under international law, and is illegal only when it does not satisfy certain conditions. Currently, most investment treaties provide explicit conditions, namely that the measures (1) are done for a public purpose, (2) are not discrimin...

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

    Science.gov (United States)

    Zuo, Huijuan; Huang, Wei; Qin, Sujuan

    2013-10-01

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

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

    Directory of Open Access Journals (Sweden)

    Maslennikova L. V.

    2014-03-01

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

  10. Arbitration proceedings under international regime - an overview on the Albanian legislation

    OpenAIRE

    Artan SPAHIU

    2012-01-01

    In recent years, globalization has brought the spirit of breaking down cultural and social barriers between people and particularly has accelerated communication and economic cooperation between states. In this context, legal issues regulating these relations can not remain within national frameworks but have received more and more an international prospective. A clear example of this context is the international commercial arbitration. The great increase of the international trade and compan...

  11. Lex Sportiva and Lex Ludica: the Court Of Arbitration for Sport’s Jurisprudence

    OpenAIRE

    Foster, Ken

    2005-01-01

    What does the jurisprudence of the Court of Arbitration of Sport (CAS) reveal about international sports law? It is claimed that CAS applies lex sportiva; distinct universal legal principles of sports law. I argue that lex sportiva is an imprecise term covering different concepts.The awards of CAS are studied and it is argued that five different legal principles are employed: a lex ludica, good governance, procedural fairness, harmonisation of standards between international sporting federati...

  12. Good faith in the lex mercatoria: an analysis of arbitral practice and major western legal systems

    OpenAIRE

    Carvajal-Arenas, Lorena

    2011-01-01

    This thesis is a comprehensive guide to the current interpretation of the principle of good faith in the lex mercatoria. It sets out the full background to this interpretation, exploring the development of good faith in major legal cultures in the Western world and in arbitral practice. Modern lex mercatoria is one of the most conspicuous manifestations of globalization in the field of law. Previous examples of global law are the Roman ius gentium and the medieval law merchant. The pri...

  13. Procedure, Substance, and Power: Collective Litigation and Arbitration of Employment Rights

    OpenAIRE

    Stone, Katherine V.W.

    2013-01-01

    In this contribution to the Symposium honoring Stephen Yeazell, the author explores the interaction between group litigation and social context in the contemporary setting. She traces recent developments in the law of class action waivers coupled with mandatory individual arbitration clauses in consumer and employment contracts. She shows how the Supreme Court’s decisions in AT&T v. Concepcion and American Express v. Italian Colors enable large corporations that impose class action bans on co...

  14. Comparing WTO Panelists and ICSID Arbitrators: the Creation of International Legal Fields

    OpenAIRE

    Jose Augusto Fontoura Costa

    2011-01-01

    Who are people who make the decisions in trade and investment dispute settlement systems? In order to describe and analyze investment arbitrators and trade panelists, the whole populations of people nominated to ICSID’s tribunals and committees as well as to WTO Panels from 1995 to 2009 were studied, considering their specialization in law, and their career backgrounds as public servants, academics or private professionals. Applying Pierre Bourdieu’s concept of legal fields, the data suggeste...

  15. Types of Foreign "Investor" and "Investment" Covered by Arbitral Jurisdiction (Japanese)

    OpenAIRE

    ITO Kazuyori

    2008-01-01

    A prerequisite for receiving protection through investment arbitration for foreign investments under investment protection treaties is that the investments concerned satisfy the definitions of "investor" and "investment" in those treaties. To date, however, the interpretation of provisions concerning the definition of investors and investments has given rise to a variety of legal problems.With regard to the concept of an investor, a major point at issue is that of how to construe the national...

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

    Science.gov (United States)

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

    2012-05-01

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

  17. Methods of Try in the International Commercial Arbitration%国际商事仲裁的审理方式

    Institute of Scientific and Technical Information of China (English)

    杨玲

    2013-01-01

      国际商事仲裁的审理方式与国际民事诉讼具有完全不同的实践品格,前者强调“适当”,后者重在“依法”。国际商事仲裁广泛采用不公开审理是基于仲裁保密和仲裁友好的考虑,但不公开审理具有相对性,有当事人协议和法律强制性规定之例外。相比较国内仲裁,国际商事仲裁书面审理或开庭审理之方式选择意义重大。实践中采用何种方式,则为当事人意愿、案件自身特点、程序自然公正以及程序效率等各因素的平衡。国际商事仲裁程序询问制抑或抗辩制之追问受到仲裁程序诉讼化的影响,实践中影响审理模式的因素有仲裁程序准据法、仲裁规则、仲裁员的身份以及当事人律师的习惯。考察国际商事仲裁的具体实践,询问制和抗辩制在国际商事仲裁中有相互融合之趋势,难分伯仲。%The methods of try in the international commercial arbitration have different practices from international civil procedure, with the former putting emphasis on “appropriate” and the latter on “conformity with law”. Based on the consideration of arbitration confidentiality and amiable arbitration, trial in camera is widely used in international civil pro-cedure, which is confined by litigants and mandatory provisions of the law. Compared with domestic arbitration, the choice of hearings or written trials is of great significance, and is determined by various factors, such as litigants’ willing, the features of the case, natural justice and procedure efficiency. The inquisitorial system or the adversary system in the inter-national commercial arbitration is influenced by arbitration litigation, and factors affecting the trial patterns include applica-ble laws in arbitration, arbitration rules, the positions of arbitrators and the habits of litigants’ lawyers.

  18. ‘PRO ENFORCEMENT BIAS’ UNDER ARTICLE V OF THE NEW YORK CONVENTION IN INTERNATIONAL COMMERCIAL ARBITRATION: COMPARATIVE OVERVIEW

    Directory of Open Access Journals (Sweden)

    Fifi Junita

    2015-08-01

    Full Text Available This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions of recognition and enforcement arising under Article V of the NYC. Therefore, this approach is a good signal and a promising development to promote the finality and enforeability of foreign arbitral awards in international commercial arbitration. This approach can also be a good lesson for the Indonesian judiciary system in relation to the enforcement and recognition of international arbitral awards in the future.

  19. 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.

  20. Identity-b(iased intervention of third parties: The effects of social categorization during mediation-arbitration

    Directory of Open Access Journals (Sweden)

    David D Loschelder

    2012-05-01

    Full Text Available The present research investigates the effects of social categorization on the intervention behavior of third parties who engage in the hybrid dispute resolution procedure of mediation-arbitration (Ross & Conlon, 2000. Specifically, it was predicted that an affiliation to a disputant leads third parties to favor the affiliated ingroup disputant over an unaffiliated outgroup disputant. Two studies support these predictions by demonstrating that unilaterally affiliated third parties engage in ingroup favoritism during arbitration, whereas non-affiliated third-parties (Study 1 & 2 and third parties affiliated to both disputants (Study 2 imposed balanced settlements. In addition to this, both studies identify third parties’ decision control, inherent to the two phases of mediation-arbitration as a relevant moderating variable for the emergence of this effect.

  1. Third-party funding in international arbitration: a menace or panacea?

    OpenAIRE

    Maniruzzaman, Munir

    2011-01-01

    As its Council Member I attended the ICC Institute of World Business Law’s 32nd annual meeting on ‘Third-Party Funding in International Arbitration’ held in Paris on 26 November 2012. It was a grand success as it drew many professionals, arbitrators, experts, academic specialists and, above all, representatives from some major third-party funding bodies such as Burford Group Ltd., Calunius Capital LLP, Fulbrook Management LLC and others, and the discussion and debates generated a great deal o...

  2. Finanční arbitr v ČR

    OpenAIRE

    Rázová, Ilona

    2012-01-01

    The goal of this bachelor's thesis is to offer an explanation of issues connected with out-of-court settlements of disputes between financial institutions and their clients in the Czech Republic. It is represented by the Financial Arbiter, whose office was established for the purpose of harmonization of Czech law and that of the European Unions countries on 1st January 2003 through the Act No. 229/2002, concerning Financial Arbitration. This thesis deals with the origins of this post, legal b...

  3. Agreements of state-entity and state liability in international investment arbitration

    OpenAIRE

    Assaduzzaman, Assad Khan

    2013-01-01

    Most often in an investment agreement between a State entity and a foreign investor the arbitral tribunal is faced with the question of the liability of the State for the conduct of its entities. To make it precise the crucial findings of this research is whether or to what extend the States hall be liable for the commercial conduct of its entities? State affiliates in general includes, ‘state organ, ‘state agency’, ‘instrumentality’, ‘state-owned entity’, ‘state-owned company’, ‘publicly own...

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

    International Nuclear Information System (INIS)

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

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

    Science.gov (United States)

    Luo, Yi-Ping; Hwang, Tzonelih

    2014-01-01

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

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

    Science.gov (United States)

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

    2012-12-01

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

  7. 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.

  8. 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

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

    Directory of Open Access Journals (Sweden)

    Felipe Vollbrecht Sperandio

    2012-06-01

    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.

  10. FAITH-BASED ARBITRATION CLAUSES AS A GLOBAL ALTERNATIVE TO DISPUTE RESOLUTION

    OpenAIRE

    Albert D. Spalding

    2014-01-01

    DynCorp International, LLC, a U.S. company, and Aramco, a Saudi-owned corporation, entered into a contract for a computer system which was to be manufactured in the U.S. and installed at Aramco’s facilities in Saudi Arabia. The contract contained a choice of law provision requiring the application of Saudi Arabian law even though the contract was entered into and significantly performed in the United States. The contract also contained an arbitration clause, requiring that any disputes be r...

  11. El régimen jurídico del Tribunal Arbitral del Deporte

    OpenAIRE

    Javaloyes Sanchis, Vicente

    2014-01-01

    L'increment de litigis internacionals relacionats amb l'esport ha estat una de las principals preocupacions de las entitats esportives. L'any 1981, el President del Comitè Olímpic Internacional va tenir la idea de crear una jurisdicció especial per l'esport, naixia, així, el Tribunal Arbitral de l'Esport. En aquesta investigació es planteja l'objectiu de conèixer si realment l'arbitratge representa el millor mitjà per resoldre els conflictes esportius internacionals. Per això, és imprescindi...

  12. 国际体育仲裁院仲裁员中立性探讨%Research on the Independence and Impartiality of the CAS Arbitrators

    Institute of Scientific and Technical Information of China (English)

    熊瑛子

    2015-01-01

    与传统民商事仲裁强调当事人自治的特点相比较,体育仲裁具有与劳动仲裁类似的强制属性,这一特点在仲裁员制度上表现明显。国际体育仲裁院(CAS )封闭的仲裁员名册、强制上诉仲裁等因素,要求瑞士联邦最高法院审查仲裁员中立性问题时,针对具体案件进行具体分析。在今后的体育仲裁及司法审查实践中,CAS应当开放仲裁员名册,设置仲裁员准入标准,瑞士联邦最高法院应当破除仲裁机构内部决议不审查的做法,针对提出回避申请的时间设立宽松标准,强化法院在仲裁员中立性问题中的调查职能,加大仲裁员的自我披露义务,减轻上诉人的举证责任,以求更好地解决体育纠纷。%Comparing with the party autonomy feature in traditional commercial arbitration , sport arbitration is similar to the labor arbitration ,which is reflected in the arbitrator system . Court of Arbitration for Sport (CAS) with the closed list of the arbitrators ,as well as manda‐tory system of the appellate arbitration ,which make Swiss Federal Tribunal to give special a‐nalysis to each case when the court reviews the independence of the arbitrators .In the future sports arbitration and judicial review process ,in order to solve the sport disputes in a better fashion ,it is important for the CAS to open the closed list of arbitrators ,and set an access standard for sport arbitrators .It is better for the court to abolish the doctrine of no review of the private body ;of the arbitration institute give a relax approach of the application time limi‐tation for review ;strengthen the role of the court in surveying ;emphasize the duty of disclo‐sure of the arbitrators themselves and release the burden of proof of the appellant .

  13. 论法律意义上的仲裁地点及其确定%On the legal place of arbitration and its determination

    Institute of Scientific and Technical Information of China (English)

    赵秀文

    2007-01-01

    The paperstudies the concept of,the place of arbitration in comparing with the legislation and pmctices of international commercial arbitration.It also stresses on the connection and distinction between the place of arbitration,the place of hearing,and the place where the arbitration tribunal delibcrates the case,as well as the method ofdeciding the place ofarbitration.The author also analyzes the current legislation and practices ofthe determination on the place ofarbitration in China.The paper pointed out that it is important in both theory and practice to promote international arbitration in China and amend domestic arbitration legislation in determing place of arbitration properly.%本文结合国际商事仲裁立法与实践,阐述了法律意义上的仲裁地点的含义,仲裁地点、开庭地点与仲裁庭合议地点之间的联系与区别,以及仲裁地点的确定方法.作者还结合我国确定仲裁地点的立法与实践,提出了准确地确定仲裁地点对于不断地完善我国现行国际仲裁和国内仲裁立法,具有重要的理论与实践意义.

  14. 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.

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

    OpenAIRE

    伍偉華 Wei-Hua Wu

    2012-01-01

    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 interna...

  16. 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,...

  17. 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. PMID:26030450

  18. 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.

  19. Reliance on Arbitral Awards in Title VII Suits: Implications of Alexander v. Gardner-Denver and Public Employment Cases

    Science.gov (United States)

    Miller, David R.

    1976-01-01

    The 1974 Supreme Court decision in Alexander v. Gardner-Denver Co. resolved the controversy in the lower courts concerning the finality of an arbitration award when concurrent or subsequent court action is brought under Title VII. For journal availability see HE 508 844. (LBH)

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

    Institute of Scientific and Technical Information of China (English)

    朱占锋

    2015-01-01

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

  1. 知识产权纠纷的仲裁解决%Adoption of Arbitration in Intellectual Property Right Dispute

    Institute of Scientific and Technical Information of China (English)

    徐家力

    2012-01-01

    近年来知识产权纠纷越来越多,诉讼已经无法满足多元化解决纠纷的需求,仲裁、调解等纠纷解决方式大量涌现出来,对比以诉讼方式解决知识产权纠纷的不足,以仲裁方式解决知识产权纠纷有很多优点。但目前在我国,尽管仲裁机构得到一定发展,也以仲裁方式解决了一些知识产权纠纷,但诉讼依然是解决知识产权纠纷的主要方式。今后应创造更多条件,让仲裁、调解纠纷解决方式在解决知识产权纠纷中发挥越来越多的作用。%As the number of cases of intellectual property right dispute has become increasingly high in recent years,lawsuit can not meet the need of dispute solution,arbitration and mediation have emerged.In contrast with solution of lawsuit,the solution of arbitration has many advantages.Nevertheless,arbitration organization has improved and some intellectual property right cases have resolved with arbitration,lawsuit still is a main means of dispute solution.Arbitration and meditation should be encouraged from all aspects in solution of dispute of intellectual property right.

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

    Directory of Open Access Journals (Sweden)

    Sabrina M. Sudol

    2004-04-01

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

  3. 合并仲裁制度与当事人意思自治问题研究%Research on Consolidation of Arbitration and Party Autonomy

    Institute of Scientific and Technical Information of China (English)

    孙南梦頔

    2015-01-01

    为了适应当前形势及贸仲委不断深化改革的需要、顺应国际商事仲裁实践发展的需要以及满足当事人选择在贸仲委香港仲裁中心进行仲裁的需要,中国贸仲委第八次修订了仲裁规则(下称2015规则)。新规则关于合并仲裁的修订值得关注,特别是其中的当事人合意问题,当事人意思自治一直都是国际商事仲裁等法律领域的重要原则。新规则在原有的基础上又增加了具体条件的罗列,并做了一定的调整。故有必要通过比较新旧规则、各国实践以及相关立法来探讨合并仲裁中的当事人合意问题。%In order to adapt to new circumstances and deepen reform of Foreign Trade Arbitration Commission, China International Economic and Trade Arbitration Commission accomplished the eighth amendment of arbitration rules (hereinafter referred to as 2015 Rules) at the end of last year. This amendment is supposed to comply with the practice of international commercial arbitration and to meet the needs of parties, who choose to submit the case to China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center. As an essential principle of arbitration, party autonomy of 2015 Rules deserves attention. Since 2015 Rules contains the amendment of consolidation arbitration, it is necessary to study the relevant rules and principle.

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

    Science.gov (United States)

    Xu, Guoliang; Zou, Xiangfu

    2016-09-01

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

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

    Institute of Scientific and Technical Information of China (English)

    庄旗铭; 杨庆; 等

    1996-01-01

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

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

    Science.gov (United States)

    Xu, Guoliang; Zou, Xiangfu

    2016-05-01

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

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

    Science.gov (United States)

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

    2013-05-01

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

  8. Comparing WTO Panelists and ICSID Arbitrators: the Creation of International Legal Fields

    Directory of Open Access Journals (Sweden)

    Jose Augusto Fontoura Costa

    2011-05-01

    Full Text Available Who are people who make the decisions in trade and investment dispute settlement systems? In order to describe and analyze investment arbitrators and trade panelists, the whole populations of people nominated to ICSID’s tribunals and committees as well as to WTO Panels from 1995 to 2009 were studied, considering their specialization in law, and their career backgrounds as public servants, academics or private professionals. Applying Pierre Bourdieu’s concept of legal fields, the data suggested that both systems produce legitimacy but in quite different ways and, interestingly, that the one more similar to domestic legal systems takes that form due to political forces, not by an incremental process powered by people with legal backgrounds. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1832382

  9. 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.

  10. 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...

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

    CERN Document Server

    de Lamare, Rodrigo C

    2012-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    刘钟琴

    2012-01-01

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

  13. Identity-b(i)ased intervention of third parties: The effects of social categorization during mediation-arbitration

    OpenAIRE

    Loschelder, David D.; Silke Bündgens; Roman Trötschel

    2012-01-01

    The present research investigates the effects of social categorization on the intervention behavior of third parties who engage in the hybrid dispute resolution procedure of mediation-arbitration (Ross & Conlon, 2000). Specifically, it was predicted that an affiliation to a disputant leads third parties to favor the affiliated ingroup disputant over an unaffiliated outgroup disputant. Two studies support these predictions by demonstrating that unilaterally affiliated third parties engage in i...

  14. 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.

  15. 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

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

    Science.gov (United States)

    Liu, Chen-Chung; Chan, Yin-Tsung

    2011-02-01

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

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

    Science.gov (United States)

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

    2010-06-01

    Medical arbitration boards ("Schlichtungsstellen", expert panels for extrajudicial malpractice claim resolution) try to settle claims of suspected malpractice between patients and their physicians and to avoid court trials. Numerous studies found an increasing incidence of adverse events with rising age. Injuries that occur in the hospital are frequently beyond the specialty of the treating physician. Therefore, the physician has to broaden his diagnostic view beyond the borders of his own specialty to recognize injuries in his patients and to prevent malpractice claims.In this paper, we report on adverse events in elderly patients where the geriatrician/internist was accused of negligence for not having promptly recognized a fracture after a fall or having chosen an inadequate operative procedure. For example, the importance of weight bearing osteosynthesis, mandatory in hip fractures in the elderly population to prevent long-term immobilization, is discussed.Adverse events due to negligence are more frequent among the elderly; the reasons are discussed. They will never be entirely preventable. The data presented in this report may be helpful to recognize fractures in time and to ensure adequate treatment, in order to reduce the number of court claims. PMID:19802515

  19. 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)

  20. 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

  1. On the Perfection oK Revocation System of Arbitral Awards%论我国仲裁裁决撤销制度的完善

    Institute of Scientific and Technical Information of China (English)

    张圣翠

    2012-01-01

    仲裁裁决撤销制度的存废或如何完善在我国存在着较大的争论。简单地废除该制度会有很多弊端,正确的方法应当是将受理的人民法院的确定因素由“仲裁机构所在地”改为“仲裁地”、缩短申请撤销裁决的时限、完善仲裁裁决的撤销理由、改进撤销仲裁裁决程序中重新仲裁规则、重构撤销仲裁裁决的司法审查程序和决定的形式与效力规则等。%In China, there has been much dispute over how to perfect the revocation system of arbitral awards. It is undesirable for China to annual the revocation system, and the correct methods include the transformation of the determinant of courts that accept and hear a case from the places in which the arbitration institutions are located to the ones in which ar- bitration occurs, the curtailment of the application time limit for the revocation of awards, the perfection of revocation reasons for arbitral awards, the improvement of re-arbitration rules, and the reconstruction of judicial review procedures concerning revoking arbitration awards and the forms and rules of awards.

  2. 论国际投资仲裁中的多重程序--以 ICSID 仲裁案件为例%On multiple proceedings in international investment arbitration in the perspective of ICSID arbitration

    Institute of Scientific and Technical Information of China (English)

    许敏

    2014-01-01

    Multiple proceedings are those caused by the appeal which aims at the same party with the same event or measure instituted by the same or different adjudicators.The harmfulness of multiple proceedings is a waste of resources and conflicting adjudications in which the latter may jeopardize the judicial certainty and the legitimacy of international arbitration mechanism.This paper uses the ICSID cases as a basis for analysis,points out the harmfulness of conflicting adjudications,provides several countermeasures for multiple proceedings rendered by the current international community and the ac-ademic circles,establishes an appeal mechanism in international arbitration,adjudicates by reciprocal reference of different arbitral tribunals,consolidates relevant procedures,and finally discusses the feasibility of these measures.%多重程序是指由相同或不同的裁决者根据相同事件或措施提起的针对同一当事方的诉求引起的程序。多重程序的危害在于浪费资源和产生冲突裁决。其中冲突裁决造成的危害较大,因其会造成司法不确定以及损害国际仲裁机制的合法性。文中以 ICSID 中心处理的投资仲裁案件为分析基础,指出冲突裁决产生的危害并分析目前国际社会和学界针对多重程序问题的几个对策:即在国际仲裁中建立上诉机制、各仲裁庭相互参照做出裁决或合并相关程序等,并在此基础上对这几个对策的可行性进行了分析。

  3. Arbitration clause and null contracts: autonomy of the arbitration clause and the favor Contractus Principle Cláusula compromissória e contratos nulos: breves anotações sobre a autonomia e a conservação do contrato

    Directory of Open Access Journals (Sweden)

    Rui Carneiro Sampaio

    2010-11-01

    Full Text Available This presentation aims the study of an important issue related to arbitration: the arbitration clause and the principle of separability. Firstly, it’s necessary to identify the principle and its peculiarities, the reason for existence, and its function. Then, favor contractus principle, a subject quite discussed by contemporary practices, will be approached. The valid arbitration clause inserted into a null contract is discussed with theoretical and practical arguments. As a conclusion, the prevalence of the separability is reached. In a practical case, the arbitration clause shall prevail and the discussions shall be settled by arbitration procedure.Trata-se do estudo de um dos desafios práticos da arbitragem: o princípio da autonomia da cláusula compromissória. Num primeiro momento identifica-se o princípio, suas peculiaridades, razão de existência e sua função. Posteriormente, faz-se sua aproximação ao princípio da conservação dos contratos, tema bastante discutido pelos contratualistas contemporâneos. A cláusula compromissória válida inserida em contrato nulo é discutida com fundamentos teóricos e práticos. Conclui-se pela prevalência do princípio da autonomia sobre a nulidade dos contratos, de forma que o procedimento arbitral, se eleito, deverá ser a forma de solução do conflito, mesmo que o conflito seja a nulidade do próprio contrato.

  4. REGULATION (EU) NO 1215/2012 ON JURISDICTION AND THE RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS WITH SPECIAL REFERENCE TO THE RELATIONSHIP BETWEEN THE REGULATION AND ARBITRATION

    OpenAIRE

    Vjekoslav Puljko

    2015-01-01

    The paper analyses the recent changes to the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters adopted by Regulation (EU) No 1215/2012. The introductory part gives a brief overview of the Regulation and analyses the most important changes, whereas the second part deals with the segment of the Regulation regulating or “not regulating” arbitration; the exclusion of arbitration from the scope of the Regulation, the relationship of the courts (...

  5. The cyber arbitration: a new tool of century XXI to solve the conflicts arisen from the electronic commerce

    Directory of Open Access Journals (Sweden)

    Eugenio Enrique Urdaneta Bracho

    2010-10-01

    Full Text Available La presente investigación tuvo como horizonte el análisis del ciberarbitraje como una nueva herramienta del siglo XXI para resolver los conflictos surgidos del comercio electrónico. El tipo de investigación fue básica, descriptiva y documental. Las conclusiones de la investigación arrojaron que aunque el ciberarbitraje presenta ciertas dificultades, constituye una de las mejores alternativas de aplicar en caso de que surja un conflicto en el comercio electrónico, de igual forma este tipo de arbitraje es perfectamente aplicable desde el punto de vista legal en Venezuela.Key words:cyber arbitration, conflict, electronic commerce

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

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    Iván Mauricio Obando Camino

    2005-01-01

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

  7. An International Arbitration against an Overseas Project and Lessons Learnt%境外项目国际仲裁案件处理及启示

    Institute of Scientific and Technical Information of China (English)

    江涌鑫

    2014-01-01

    The paper conducts a review as well as a legal analysis of an international arbitration against an overseas project with a view to sum up the experience and improve management. It identiifes the various legal issues that appeared during the case and some considerations, and offers several suggestions for how to deal with international arbitration and international operations.%本文从总结经验和改进管理的角度对某一境外项目国际仲裁案例进行了事实回顾和法律分析,并就案例中碰到的各种法律问题和涉及的注意事项进行了归纳和提炼,对如何应对国际仲裁和国际化经营提出了建议。

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

    Directory of Open Access Journals (Sweden)

    Antonio Celso Fonseca Pugliese

    2008-06-01

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

  9. Constitutionalising The Right to Legal Representation at CCMA Arbitration Proceedings: Law Society of the Northern Provinces v Minister of Labour 2013 1 SA 468 (GNP

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    Koboro J Selala

    2013-12-01

    Full Text Available 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, a study of recent case law reveals that the majority of court judgments seem to be leaning in favour of granting legal representation at disciplinary hearings and CCMA arbitrations than denying it. In the recent case, Law Society of the Northern Provinces v Minister of Labour, the High Court struck down the rule of the CCMA which restricted legal representation at CCMA arbitration as unconstitutional on grounds of irrationality. The High Court considered that the impugned rule was inconsistent with section 3(3(a of the Promotion of Administrative Justice Act, which was specifically enacted to give effect to the right to administrative justice entrenched in the Constitution. In so deciding the High Court considered the importance of job security and the possible loss of job by an employee as a serious matter. This case note aims to analyse critically the court’s judgment in Law Society of the Northern Provinces v Minister of Labour and to consider its implications for dispute resolution in South Africa. It is asserted that although the right to legal representation is not absolute at labour proceedings, in light of the court’s decision in Law Society of the Northern Provinces v Minister of Labour it is not easy to identify the circumstances that would provide justification for the infringement of the right at CCMA arbitrations and probably at disciplinary hearings as well. Here, an argument is made suggesting that the court in the Law Society case has taken the right to legal representation too far.

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2012-05-15

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

  11. Probing into rolling settlement arbitration relative problems%滚动结算交易仲裁案件相关问题探究

    Institute of Scientific and Technical Information of China (English)

    严红

    2012-01-01

    Rolling payment transaction is common du-ring the normal transaction in our country.It involves a series contracts with diverse time and whether they all have arbitration clause is not sure.This kind of case will concern with the issues of consolidation of arbitration and exceeding authority.The paper proposes to classify the series contracts according the different arbitration clause and then deal with different mentality according the classify the contracts.%滚动结算交易案件在仲裁中的情况比诉讼时更加复杂。由于其涉及一系列交易合同,易牵涉出合并仲裁、超裁的问题。本文对超裁和滚动结算进行了界定,并提出对这类仲裁案件的处理思路:即将这一系列交易合同按照其有关仲裁条款规定的不同情况进行分类,再根据不同分类以不同思路处理。

  12. The Prospect of Enforcement of Hague Arbitration Awards against State-Controlled Companies in the United States and the United Kingdom

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    Dmitry Gololobov

    2015-12-01

    Full Text Available In 2014 the Permanent Arbitration Court in The Hague made unprecedented awards totalling US$50 billion against the Russian Federation. The awards crowned more than nine years of arbitration proceedings initiated by the former shareholders of the liquidated oil company Yukos. Although the former shareholders of Yukos represented by the GML Group declared their intention to only enforce the awards against the assets of the Russian state, the lack of assets not covered by state immunity inevitably opens the possibility of enforcement of the awards against the assets owned by the Russian majors controlled by the state. Due to its involvement in the Yukos case, Rosneft, the biggest Russian oil company, will undoubtedly be the first and the main target of such enforcement. This article aims to examine whether the former shareholders of Yukos could succeed in enforcement of foreign arbitration awards in the two main jurisdictions: the United Kingdom and the United States. The article examines the existing legal tests applicable in enforcement proceedings in these jurisdictions to state-controlled companies by considering the corporate structure of Rosneft and its business operations. The findings of the research are widely applicable to the other state-controlled Russian companies.

  13. To Compare the Conciliation in Medical Arbitration with the People's Mediation in Shenzhen%深圳医事仲裁中的调解与人民调解的比较

    Institute of Scientific and Technical Information of China (English)

    马文建

    2015-01-01

    仲裁程序中的调解是我国《仲裁法》所确立的一项基本制度,也是我国仲裁机构的一贯做法。在深圳医患纠纷仲裁院已受理的医事纠纷案件中,大约2/3通过调解结案,所有调解结果均顺利履行。仲裁庭选择调解结案有助于化解医患矛盾,且当事人对调解协议中确定的义务自动履行的可能性明显加大、需要借助法院强制执行的可能性缩小。通过对医事仲裁中的调解与不收任何费用的人民调解进行相同与差异性的比较得出院在新近推出的两种医患纠纷处理方式中,仲裁优于人民调解。%The conciliation in arbitration proceedings is a basic system in Arbitration Law and the establishment of the arbitration institution customary practice. The doctor-patient dispute arbitration court has been accepted by the medical dispute cases in Shenzhen, about two-thirds through conciliation, mediation results are all performed smoothly. The arbitration tribunal conciliation help to defuse doctor-patient contradiction and the possibility of obligation implementation in conciliation agreement is obviously increasing, and the possibility of compulsory execution is decreasing. Through comparing the conciliation in medical arbitration with the people's mediation without any charge, this paper concluded that arbitration method is better than that of people's mediation.

  14. The Introspection of the Arbitration System on Rural Land Contract Disputes in China%对农村土地承包经营纠纷仲裁制度的反思

    Institute of Scientific and Technical Information of China (English)

    苏方元

    2015-01-01

    研究目的:分析中国农村承包土地经营纠纷仲裁制度存在的问题,提出完善中国农村土地承包经营纠纷仲裁制度的修法思路。研究方法:逻辑分析和规范分析。研究结果:中国现行农村土地承包经营纠纷仲裁制度有着浓厚的行政化、诉讼化的色彩,单方启动、强制管辖、一裁非终局等特点也有悖仲裁法的基本原则。农村土地承包经营纠纷仲裁的案件分流功能未能实现。研究结论:完善农村土地承包经营纠纷仲裁制度首先应当明确该制度的法律属性,在此基础上实现去行政化和去诉讼化的改造,实现与民事诉讼的合理对接。%The purpose of this study is to analyze some problems of the arbitration system on rural land contract disputes and to bring forward proposals for perfecting it in China. Methods employed include logical analysis and normative analysis. The results of this study show that the arbitration system on rural land contract disputes has degenerates into the administrative arbitration system, and the arbitration procedure has been designed as the same as the litigation procedure. Furthermore, the arbitration system on rural land contract disputes runs without the arbitration agreement, the principle of party autonomy, and the final ruling system. Meanwhile, the function of the arbitration system on rural land contract disputes that is used to shunt the cases has failed. The paper concludes that the nature of the arbitration system on rural land contract disputes should be confirmed at firstly, and then reforms this arbitration system to docking with the civil litigation.

  15. 我国金融仲裁机制的运行情况及发展趋势研究--以金融仲裁院仲裁实务为样本%Research on the Situation and Development of Chinese Financial Arbitration

    Institute of Scientific and Technical Information of China (English)

    曾青

    2014-01-01

    自2007年上海金融仲裁院建立以来,金融仲裁在我国逐渐兴起并不断成长。鉴于各地金融仲裁院在金融仲裁的具体操作方面存在差别,着重收集各地金融仲裁相关规则及数据案例,调查各机构具体的实务操作,从实务层面对我国金融仲裁的现状进行分析,研究我国金融仲裁的发展趋势。%As the first financial arbitration court of our country ,Shanghai Court of Financial Arbitration was established in 2007 .Soon afterwards ,other arbitration organization set up financial arbitration court .In our country ,financial arbitra-tion is a new thing ;the financial arbitration institutions have lots of difference in practice .According to the financial arbi-tration rules and cases ,the current situation of financial arbitration and the development tendency is analyzed .

  16. Arbitration as a Conflict Resolution Approach to Oil Spill Compensation Payment in Oil Producing Communities of Rivers State, Nigeria

    Directory of Open Access Journals (Sweden)

    Chima Jack-Osimiri

    2011-04-01

    Full Text Available From time to time, the oil and gas prospecting firm seeks and obtains oil deposits in commercial quantity either offshore or onshore which belongs to the oil bearing community which she uses for exploration, exploitation and transportation of crude oil. But unfortunately; such crude oil and gas escape causing oil spill, consequent upon facility/equipment failure or any other cause(s, which subsequently destroys all economic assets used in fishing or cash crops and economic trees if it occurs on land. This unfortunate incident makes the oil bearing and host community to demand compensation, which in most times breeds in conflict such that the two parties engage in tirade of accusations and counteraccusations. The conflict is such that it has defiled all known antidotes, real or imaginary. Until arbitration was resurrected, studied and applied, before it became the messiah or saviour of the two warring groups. Hitherto, the conflict had led to the destruction of equipment/tools, loss of income, loss of company/man hours, peace, and abduction/kidnapping of expatriates/indigenous staffers. In the light of the grave consequences, the author recommended both direct and indirect approaches to deal with the incessant conflicts between the oil and gas firms and oil bearing and host community. Having known that conflict is an ill-wind that blows nobody any good.

  17. A conversation with the Arbitration Board for Energy and Water in the Netherlands; In gesprek met de Geschillencommissie Energie en Water

    Energy Technology Data Exchange (ETDEWEB)

    Bakker, Sj. S. [EnergieNed, Arnhem (Netherlands); Van Engen, P. [Houthoff Buruma, Amsterdam (Netherlands); De Rijke, M. [Bird and Bird, Den Haag (Netherlands)

    2007-06-15

    After a short introduction on the operation of the Commission in general, a transcript of an interview with two employees of the Commission is given. Some of the topics discussed are: knowledge transfer within the arbitration board Energy and Water and Energy for businesses in the Netherlands, the motivation and publication of binding advice and the relation of the complaint procedure to the arbitration procedure based on the Electricity Act of 1998 and the Gas Act, the viewpoints of the commission with regard to the interruption of energy transport, the status of the technical codes and the period of prescription for the supply of energy [mk]. [Dutch] Na een korte inleiding over de werking van de Commissie in het algemeen volgt een weergave van een vraaggesprek met twee medewerkers van de commissie. Enkele van de besproken onderwerpen de kennisoverdracht binnen de Geschillencommissies Energie en Water en Energie Zakelijk, de motivering en publicatie van de bindende adviezen en de relatie van de klachtenprocedure tot de geschillenprocedure op grond van de Elektriciteitswet 1998 en de Gaswet, de standpunten van de commissie m.b.t. de onderbreking van energietransport, de status van de technische codes en de verjaringstermijn voor de levering van energie.

  18. 毛里求斯诉英国查戈斯仲裁案述评--结合菲律宾诉中国南海仲裁案的最新进展%Review on the Chagos Marine Protected Area Arbitration:with Reference to the Latest Development in the South China Sea Arbitration

    Institute of Scientific and Technical Information of China (English)

    张小奕

    2015-01-01

    近年来,《联合国海洋法公约》附件七仲裁逐渐成为国际司法界关注的焦点,英国、中国等大国相继成为此类仲裁中的被告国。毛里求斯和英国之间的查戈斯海洋保护区仲裁案是附件七仲裁的最新案例之一,仲裁庭对管辖权、涉主权争议的混合型争端、交换意见的义务等问题进行了详细的阐释,并以3∶2形成了两派立场鲜明的观点。上述事项亦属于菲律宾诉中国南海仲裁案中的核心问题。考虑到两案在程序、人员组成、争端性质等诸多方面的共同点,研读查戈斯仲裁案的书面陈述以及裁决和反对意见,对于辨析南海仲裁案的管辖权裁决,解析混合型争端在未来司法裁判中的发展趋势有着特殊的重要意义。%Arbitration under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) has become a hot issue in the international judicial practice,as some of the super powers,including China and the United Kingdom,were all dragged to the Annex VII arbitral tribunal.The Chagos Marine Protected Area Arbitration between Mauritius and the United Kingdom is one of the most recent cases under UNCLOS Annex VII,where the tribunal found by a majority of three votes to two that it lacked jurisdiction to consider the mixed disputes involving opposite sovereignty claims.Opinions were divided between the majority and the minority members of the tribunal on a couple of issues,in particular,jurisdiction on mixed disputes. These issues are also among in the key elements in the South China Sea arbitration between the Philippines and China.Given the high similarities between the two cases with respect to the procedure,members of the tribunal,party representatives,and characterization of disputes,it is of crucial importance,especially for analyzing the ongoing South China Sea arbitration,and predicting future directions of mixed dispute,to study the written submission,the award and the

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

    Directory of Open Access Journals (Sweden)

    Tishenko L. G.

    2012-01-01

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

  20. New Developments of Arbitration Rules at CAS%国际体育仲裁院的仲裁规则及其新发展

    Institute of Scientific and Technical Information of China (English)

    黄进

    2012-01-01

    摘要:体育仲裁院的仲裁规则分为两大类:普通的仲裁规则和特别的仲裁规则。普通的仲裁规则即《体育仲裁典》经历了一个发展演变的过程。2011年底国际体育仲裁理事会再一次修改了《体育仲裁典》,修改的内容主要涉及4个方面:(1)废除了提供咨询意见程序;(2)修改了部分程序规则;(3)调整了国际体育仲裁理事会成员的选任;(4)调整了仲裁收费制度。体育仲裁规则的修订围绕着现代化、科学化、国际化的目标,突出了独立、公正、高效、权威的价值,修订过程体现了与时俱进、不断完善。%The CAS arbitration rules including two categories: ordinary rule and special rule. The ordinary rule namely 〈Code of Sports-related Arbitration〉 experienced a process development and evolution. At the end of 2011, the ICAS amended the 〈Code of Sports-related Arbitration〉again. The content of this amend involves four aspects: (1)Abolish the advice program;(2) Modified part of the procedure rules; (3) Adjust the ICAS member election; (4) Adjusted the arbitration system. The revised of the CAS arbitration rules follows the goal of modern, scientific and international, highlighted the value of independence, fair, efficient and authoritative, the revision process reflect the rules advance with the time and improve constantly.

  1. The Role of Clinical Arbitrator in Clinical Trials%临床监查员在临床试验中的作用

    Institute of Scientific and Technical Information of China (English)

    田利华; 赵离钟; 顾佳; 赵勤; 陈佳; 贾慧敏; 蔡军

    2014-01-01

    本文通过从申办者、受试者、研究者三个不同角度对研究工作贡献的考量指标等内容分析临床监查员在临床试验中的工作职责,总结出临床监查员在临床研究试验中主要承担试验机构筛选、研究者会议组织、协助制定试验文件、知情同意书和病例报告表核查、不良事件上报、研究资料存档等重要工作。同时分析了影响临床监查员职能发挥的因素,提示临床监查员对于临床试验意义重大,应该给予足够的重视和关注。建设高质量的临床监查员队伍,可以提供优质高效的服务,促进国内临床试验和医疗水平的发展。%This paper analyzed clinical arbitrator responsibility in clinical trials from three different angles of the sponsor,the subjects,the researchers.clinical examiner mainly undertake important tasks such as the screening test institutions,researchers conference organization and assist in developing test case files,informed consent,and report verification,adverse event reporting, research data archive and so on.At the same time analyzed the factors influencing clinical arbitrator function display,prompted clinical arbitrator is of great significance for clinical trials,should give enough attention and concern.Construction of high quality clinical examiner team can provide quality and efficient services,promote the development of domestic clinical trials and health level.

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

    Directory of Open Access Journals (Sweden)

    王文杰 Wen-Chieh Wang

    2008-06-01

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

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

    Energy Technology Data Exchange (ETDEWEB)

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

    2013-08-15

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

  4. 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)

    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.)

  5. Arbitration in China

    OpenAIRE

    Gu, W

    2013-01-01

    Since 1978, with China entering into the era of “reform and opening up”, the drive towards economic modernization via the policy of attracting foreign investment has been pressing. Although China has promulgated an impressive body of laws and regulations concerning foreign trade and investment, their enforcement has been less than satisfactory. In view of the lack of competence of Chinese courts and the reluctance of Chinese firms to put their fate in the hands of foreign courts, the Beijing ...

  6. Void arbitration agreement

    OpenAIRE

    Bareika, Arnas

    2014-01-01

    Magistro darbe „Arbitražinio susitarimo negaliojimas“, remiantis tarptautiniais ir nacionaliniais teisės aktais bei teismų praktika, pateikiama arbitražinio susitarimo pripažinimo negaliojančiu analizė. Magistro darbo tikslas – įvertinti galiojantį arbitražinio susitarimo pripažinimo negaliojančiu reglamentavimą, atkreipti dėmesį į pagrindines teorines ir praktines problemas ir pasiūlyti galimus jų sprendimo būdus. Nors Lietuvoje arbitražas dar nėra toks populiarus kaip Vakarų Europos valstyb...

  7. 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)

  8. A Reasonable Convergence of Procedure between Labor Dispute Arbitration and Litigation%论劳动争议仲裁与诉讼程序的合理衔接

    Institute of Scientific and Technical Information of China (English)

    刘畅

    2012-01-01

    由于我国现行的法律未对劳动仲裁与诉讼之间的程序衔接做出相应的规定,使得人民法院和劳动仲裁委员会在审理劳动争议案件上相互脱节,衔接不到位,严重损害了当事人的合法权益。因此应重新构建劳动争议先裁后审的争端解决方式,赋予法院对仲裁的监督权,以完善劳动争议解决程序。%Because there is no laws about the convergence of procedure between labor dispute arbitration and litigation which made hear a case come apart and damage the clients right.In order to improve the settlement procedures of labor dispute,this essay therefore suggests reconstructing the procedure of "first arbitration second litigation",in conferring the court the authority of supervisory over arbitration.

  9. Scope of Arbitration on Rural Land Contract Dispute--Comment on Article II of "the Land Contract Dispute Mediation and Arbitration Law"%论农村土地承包纠纷仲裁的受案范围——兼评《农村土地承包经营纠纷调解仲裁法》第二条

    Institute of Scientific and Technical Information of China (English)

    杨瑞

    2012-01-01

    From the rules perspective, article II of "the Land Contract Dispute Mediation and Arbitration Law'adopted in 2009, specializes the scope of arbitration on rural land contract dispute from both positive and negative aspects. However, in practice, it is not difficult to find that China's legislation on scope of arbitration on rural land contract dispute is still not in comformity with the needs of protecting farmers' interests. From the view of it ought to be, specific type of land expropriation compensation dispute should be brought into the scope of arbitration. Meanwhile, qualifications of villagers dispute should also be specified as an independent accepting case in the law.%从规则层面来看,2009年通过的《农村土地承包经营纠纷调解仲裁法》第二条从正反两方面将农村土地承包纠纷仲裁的受案范围特定化,使农村土地承包纠纷仲裁有法可依。但是,结合实践不难发现,我国农村土地承包纠纷仲裁受案范围的立法规定与农民权益保障需求之间尚存在一定差距。从应然角度而言,应根据农地征收补偿纠纷的不同类型将特定类型的农地征收补偿纠纷纳入仲裁的受案范围。同时,应当将村民资格纠纷作为一类独立的受案案由加以规定。

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

    Institute of Scientific and Technical Information of China (English)

    李金明

    2016-01-01

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

  11. Application of the CISG Before the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce—Looking Back at the Latest 100 Cases

    Directory of Open Access Journals (Sweden)

    Vladimir Paviæ

    2009-09-01

    Full Text Available Normal 0 false false false EN-US ZH-CN MN-MONG-CN /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Mongolian Baiti"; mso-bidi-theme-font:minor-bidi; mso-bidi-language:AR-SA;} Although former Yugoslavia had been active in the drafting process of the 1980 UN Convention on Contracts for the International Sale of Goods (CISG and was one of the first countries to ratify the CISG,1 the subsequent application of the CISG before national courts and arbitral tribunals based in Serbia has not been monitored on a regular basis. This survey attempts to bridge a serious gap which has occurred in reporting cases on the CISG originating from Serbia.

  12. 社会保险争议仲裁时效限制之刍议%The Prescribed Period for Arbitration of Social Insurance Dispute

    Institute of Scientific and Technical Information of China (English)

    王华伟

    2012-01-01

    Social insurance charges include primary endowment insurance, primary medical treatment insurance, and unemployment insurance, which, along with employment injury insur- ance, maternity insurance,and housing fun, are called "five insurances and one fund". There are many cases of the dispute about the employers failing to pay for the employees' insurance. Theoretically, there are different interpretations about more important to well protect the employees' lawful the prescribed period for arbitration. It is rights.%社会保险费包括基本养老保险费、基本医疗保险费和失业保险费,这三项费用与工伤保险、生育保险以及住房公积金并称为"五险一金"。目前,因用人单位未按规定为其职工缴纳和代扣代缴社会保险费所引发的争议不在少数,理论和实践中对社会保险争议应否受仲裁时效限制以及如何计算其仲裁时效存在着不同理解和判决,在此情形下,如何使劳动者的合法权益得到更好的保护显得日益重要。

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

    Directory of Open Access Journals (Sweden)

    Erman Radjagukguk

    2011-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    邓琳

    2012-01-01

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

  15. Sobre la admisión de la separabilidad o de la autonomía de la cláusula arbitral respecto del contrato principal: un test de la práctica panameña.

    OpenAIRE

    Fernández Rozas, José Carlos

    2016-01-01

    La autonomía del convenio arbitral respecto del contrato en el que se inserta es un principio que no es privativo de un determinado sistema jurídico, sino que se ha ex-tendido universalmente, figurando en la generalidad de las legislaciones de arbitra-je, y constituyendo una de las manifestaciones más expresivas de la denominada lex mercatoria. Cuestión distinta es la determinación de su contenido en determinados supuestos, sobre todo vinculados a los contratos celebrados con indicios de corr...

  16. 农村土地承包经营纠纷仲裁相关问题探讨——以《农村土地承包纠纷仲裁法(草案)》为探讨基础%Relative Problems of the Arbitration on Rural Land Contract Disputes

    Institute of Scientific and Technical Information of China (English)

    董景山

    2009-01-01

    The arbitration on rural land contract disputes is differ from the arbitration on common economic disputes, it has it's own characters. In the process of the arbitration, the principles of farmer's convenience, efficiency, and produce maintained should be put to practice. The acceptable case ranges should be definite. The arbitration organization should fit with rural land contract disputes. On account of it's administrative nature, the validity of judgment should not be final.%农村土地承包经营纠纷仲裁不同于一般经济纠纷仲裁,有其自身特点.在农村土地承包经营纠纷仲裁过程中应坚持便民原则、效率原则和维持生产原则.仲裁受理范围应特定,仲裁机构设置应结合农村土地承包经营纠纷特点设置.仲裁裁决因具有行政裁决性质,因而不应具有终局效力.

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

    Institute of Scientific and Technical Information of China (English)

    黄潇筱

    2012-01-01

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

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

    Science.gov (United States)

    Pröpper, H

    2014-09-01

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

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

    Science.gov (United States)

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

    2006-01-01

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

  20. Construction of Authentication Codes with Arbitration from Binary Polynomials over Finite Field%利用有限域上二元多项式构造带仲裁的认证码

    Institute of Scientific and Technical Information of China (English)

    陈尚弟; 安蕾

    2011-01-01

    It is assumed that the transmitter and the receiver trust each other and they do not cheat in a traditional unconditionally secure authentication code. But it is not always like this,a transmitter may deny sending a message which he actually sent and a receiver may try to construct a fraulent message on behalf of the transmitter,in this case,an arbiter is needed in the situations just mentioned. Authentication codes with arbitration can solve the problem that the transmitter and the receiver distrust with each other in the correspondence system. An authentication code with arbitration from binary polynomials over finite fields is given and their parameters are computed. Assuming that the encoding rules chosen according to a uniform probability distribution,the probabilities of a successful impersonation and a successful substitution by the opponent,a successful impersonation by the transmitter,a successful impersonation and a successful substitution by the receiver are also computed.%在传统的无条件安全认证码中,假定发方和收方是相互信任的,他们不会互相欺骗.但有些情况也可能不是这样,发方在发出一个消息后,不承认是他发的,收方捏造了一个消息,声称来自发方,在这种情况下就需要增添仲裁方.带仲裁的认证码能解决通信系统中发方与收方互不信任的问题.利用有限域上二元多项式构造了一个带仲裁的认证码,并计算了所构造码的参数.当编码规则按等概率分布选取时,计算出了敌方与收方成功模仿攻击和成功替换攻击的最大概率,以及发方成功模仿攻击的最大概率.

  1. 劳动争议“一裁终局”的法律适用分析%Analysis of Law Application to the Final Arbitration in Labor Dispute

    Institute of Scientific and Technical Information of China (English)

    王轩; 李红实; 王琦

    2012-01-01

    Long duration, low efficiency, high cost for labor fights have been the acute problems in labor dispute cases. In order to make labor dispute arbitration more convenient and efficient, "the Final Arbitration" dispute settle- ment mode was invented accordingly. However, since this mode came into being, there have been controversies in law application. This article collects and analyzes some existing typical problems from the perspective of "the Final Arbitration".%处理周期长,效率低,劳动者维权成本高一直是劳动争议案件存在的问题。为了使劳动争议仲裁便捷高效,"一裁终局"的争议解决模式应运而生。但该模式自诞生以来,其法律适用的若干问题倍受争议。本文拟通过对"一裁终局"的理解,对目前存在的一些典型问题进行梳理与剖析。

  2. Difficulties and Solution for Rules of International Sports Arbitration-A Jurisprudential Analysis of Case of Mohamed Bin Hammam v.FIFA%国际体育仲裁规则面临的困境与出路--哈曼诉国际足联仲裁案的法理评析

    Institute of Scientific and Technical Information of China (English)

    汪习根; 罗思婧

    2014-01-01

    Rule of law is the soul in constructing the international sports order.During the CAS hearing of the Mohamed Bin Hammam v.FIFA,the modern mechanism of international sports arbitration brought unprecedented challenges to the old principles of rule of law in procedure.Therefore,CAS should act in accordance with the value of law through princi-ples of“Ne Bis In Idem”,“Comfortable Satisfaction”,“Presumption of Innocence”and “Finality of Arbitral Awards”,so that the legal spirit of sports can be highlighted.%法治是国际体育秩序构建的灵魂,而国际体育仲裁院对哈曼诉国际足联一案的审理,折射出现代国际体育仲裁机制在程序上挑战着法治的基本原则。应当依循法治价值准则,反思和完善“一事不再理”、“自由裁量”、“无罪推定”、“一裁终局”这四大问题,寻求在体育领域的应对之道,充分彰显体育法治精神。

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

    OpenAIRE

    王文杰 Wen-Chieh Wang; 鄭懷騏 Huai-Chi Cheng

    2008-01-01

    台灣科技產業西進中國大陸尋求發展與全球布局過程中,在面臨國際商事爭議事件之際,如何運用中國涉外仲裁機制以作為替代爭議解決模式與途徑,值得國內業界加以認真對待。中國涉外仲裁機制發展迄今逾五十年,1994 年仲裁法頒布實施,明文賦予該機制法律位階地位;同時亦於市場經濟中定位為特殊法律服務。仲裁法頒布實施至今逾十年,以中國國際經濟貿易仲裁委員會為運作主力之中國涉外仲裁機制成為中國替代爭議解決機制之核心,亦成就該機制在國際商事仲裁市場之一席之地。本文藉由實證分析之角度,嘗試建構台灣科技產業運用中國涉外仲裁機制之策略,呈現中國涉外仲裁機制之特點與台灣科技產業運用策略間之關係,並進而分析中國涉外仲裁機制對於台灣科技產業之策略目標之適切性。 It is worthy and necessary for Taiwan High-Tech Industry Companies to pay close attention to China Foreign-related Arbitration mechanism to be utilized as alternative dispute r...

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

    Institute of Scientific and Technical Information of China (English)

    金隽艺

    2014-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    邓晗

    2012-01-01

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

  6. Speed vs. Quality in International Commercial Arbitration

    OpenAIRE

    Forsius, Mats

    2013-01-01

    Vain tiivistelmÀ. OpinnÀytteiden arkistokappaleet ovat luettavissa Helsingin yliopiston kirjastossa. Hae HELKA-tietokannasta (http://www.helsinki.fi/helka/index.htm). Abstract only. The paper copy of the whole thesis is available for reading room use at the Helsinki University Library. Search HELKA online catalog (http://www.helsinki.fi/helka/index.htm). Endast avhandlingens sammandrag. Pappersexemplaret av hela avhandlingen finns för lÀsesalsbruk i Helsingfors universitets bibliote...

  7. Grievance Arbitration in Education. Fastback 223.

    Science.gov (United States)

    Lovell, Ned B.

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

  8. Research on Jurisdiction of Court of Arbitration for Sport Ad Hoc Division-Taking the 17 th Asian Games in Incheon as Example%国际体育仲裁院特别仲裁机构管辖范围探讨--以2014年仁川亚运会体育仲裁实践为例

    Institute of Scientific and Technical Information of China (English)

    熊瑛子

    2015-01-01

    国际体育仲裁理事会(ICAS )为2014年仁川亚运会设立的CAS特别仲裁机构,对待管辖权问题的态度比以往大型国际赛事的特别仲裁机构更为严苛:仅受理有正式参赛资格的运动员、发生于亚运会举办期间和举办国的争议。这种做法可能侵犯运动员的诉权,同时,可能违背特别仲裁机构设立的初衷。通过比较奥运会、英联邦运动会和世界杯的特别仲裁规则与仲裁实践,认为特别仲裁机构的管辖范围不应过于狭窄,仲裁规则在制定和适用中应保障运动员的诉权,对存在有效仲裁协议的主体不应当进行限制,对争议产生时间应当采取客观标准,排除对商事争议和体育技术性争议的管辖,维护最广大运动员的基本权益。我国应尽快在全运会等大型赛事中设立特别仲裁机制,吸取亚运会等国际赛事的经验教训,特别仲裁管辖范围不应过于严苛,以求更好地解决与赛事相关的体育争议。%International Council of Arbitration for Sport (ICAS )established Court of Arbitration for Sport(CAS)Ad Hoc Division for 17th Asian Games in Incheon of Korea ,which has a more strict attitude towards jurisdiction by comparison with other international sports events CAS Ad hoc Division .The Incheon Asian Games CAS Ad Hoc Division only accepts participating athletes’ disputes arising in the host country between 15 September 2014 and 4 October 2014 .Those rules may violate the athletes’ right of action and run counter to the purpose of the Ad Hoc Division .Comparing with other international sports events Ad hoc Divisions ,it can get the conclusion that the jurisdiction of CAS Ad Hoc Division should not be too strict ;Rules of arbitration should respect the principle of protecting the athletes’ right of action ;The limi‐tation of actions should use the objective standard ;The panel should deny its jurisdiction to commercial and pure technical

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

    Directory of Open Access Journals (Sweden)

    Luiz Henry Monken e Silva

    2005-01-01

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

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

    Institute of Scientific and Technical Information of China (English)

    尼玛扎西

    2014-01-01

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

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

    Directory of Open Access Journals (Sweden)

    Germán E Fajardo-Dolci

    2009-04-01

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

  12. Anulación del laudo arbitral: motivos

    OpenAIRE

    Chuquimia Zeballos, Manuel Jesús

    2015-01-01

    I. La tesis se centra en el arbitraje interno y, dentro de éste, se aborda los específicos motivos de anulación que prevé el artículo 41.1 de la Ley 60/2003, de 23 de diciembre, de Arbitraje española. Contempla una primera parte introductoria donde se hace, principalmente, un análisis de la naturaleza de la acción de anulación concebida en la Ley y donde se concluye que se trata de una acción que origina un proceso donde se ejercita una pretensión anulatoria que se desarrolla ante las Sala...

  13. The French Academy: Arbitrator of Taste, Order, Genius--Immortality.

    Science.gov (United States)

    Buzash, Michael D.

    The French Academy is the oldest of the scholarly societies of France. Its ideals and preferences of order, genius, and immortality have influenced the schools, conservatories, universities, and archives and the intellectual and artistic tastes of the time. Its foundation was laid by nine lettered, well-educated laymen and ecclesiastics around…

  14. 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…

  15. Inequality and Arbitration of Wages in Australia; an Historical Perspective

    OpenAIRE

    Gill, Flora

    1983-01-01

    This paper evaluates the debate in the literature on the extent to which a concern for egalitarianism has been a feature of Australia's wage-fixing system during the current century. An alternative interpretation of the historical record is proposed, along with an alternative concept of egalitarianism. A new conclusion about the degree of concern for egalitarianism follo ws.

  16. Rail Rate Mediation and Arbitration for Grain Shippers

    OpenAIRE

    Prater, Marvin; Sparger, Adam

    2014-01-01

    Transportation costs have a direct impact on agricultural producers’ profits. Agricultural producers in remote areas have few transportation alternatives, and the price they receive for their products is net of transportation and other marketing and handling costs. When producers and marketers of agricultural products believe the rates they are paying for transportation are too high or uncompetitive, they need access to a dispute-settlement mechanism that is fair, easily understood, accessibl...

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

    Science.gov (United States)

    Horch, R E

    2016-04-01

    Commentary to the paper "What went wrong? Conciliatory proceedings of a German mediation center after breast reductions", Allert S., Flechtner C., Vogt P. M. et al. Handchir Mikrochir Plast Chir, DOI 10.1055/s-0042-103586. PMID:27096209

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

    Science.gov (United States)

    Tener, Barbara; And Others

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

  19. 7 CFR 1435.319 - Appeals and arbitration.

    Science.gov (United States)

    2010-01-01

    ... determination. Such a request must be submitted at: Executive Vice President, CCC, Stop 0501, 1400 Independence... Hearing Clerk, USDA, Room 1081, South Building, 1400 Independence Ave., SW., Washington, DC 20250-9200... written notice of appeal with the Director, National Appeals Division, USDA, as provided in part 11...

  20. Exclusivity of Collective Bargaining Arbitration in Canadian Academia.

    Science.gov (United States)

    Khan, A. N.

    1990-01-01

    Examines the labor relations context and the labor law affecting school personnel in Canada. Discusses a Manitoba court ruling that plaintiff was restricted to the provisions of the legislation and of the collective agreement as applied to him; therefore, the court declined to hear his case. (41 references) (MLF)

  1. Opening Pandora's Box - Sovereign Bonds in International Arbitration

    OpenAIRE

    Waibel, Michael

    2007-01-01

    This is the final version of the published article. It was originally published in the American Journal of International Law (http://www.asil.org/resources/american-journal-international-law) and can be found online here: http://www.jstor.org/stable/40006317.

  2. Issues Regarding Punitive Damages in International Commercial Arbitration: The Scope of Arbitrators' Powers and the Enforceability of Punitive Damages Awards

    OpenAIRE

    Koch, Pyry Ilmari

    2014-01-01

    Vain tiivistelmÀ. OpinnÀytteiden arkistokappaleet ovat luettavissa Helsingin yliopiston kirjastossa. Hae HELKA-tietokannasta (http://www.helsinki.fi/helka/index.htm). Abstract only. The paper copy of the whole thesis is available for reading room use at the Helsinki University Library. Search HELKA online catalog (http://www.helsinki.fi/helka/index.htm). Endast avhandlingens sammandrag. Pappersexemplaret av hela avhandlingen finns för lÀsesalsbruk i Helsingfors universitets bibliote...

  3. 43 CFR 431.8 - Disputes.

    Science.gov (United States)

    2010-10-01

    ... arbitrator shall be named as provided in the Commercial Arbitration Rules of the American Arbitration... provided in the Commercial Arbitration Rules of the American Arbitration Association. The third arbitrator shall act as chairperson of the panel. The arbitration shall be governed by the Commercial...

  4. 37 CFR 251.38 - Billing and commitment to standards.

    Science.gov (United States)

    2010-07-01

    ... COPYRIGHT ARBITRATION ROYALTY PANEL RULES AND PROCEDURES COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF... case of an arbitrator who resides outside the Washington, DC metropolitan area, for travel,...

  5. Srovnání právní úpravy rozhodčího řízení v ČR a ve Španělsku

    OpenAIRE

    Škrobánková, Petra

    2011-01-01

    The bachelor thesis deals with legal regulation of arbitration. The main aim of the work is to explain the concept of arbitration and compare legal regulation of arbitration in the Czech Republic and Spain. The work is divided into three chapters. The first chapter acquaint reader with actual legislation in selected countries. The second chapter describes basic institutes of arbitration such as arbitration agreement, arbitrator, arbitration proceedings itself, arbitral award and his review. T...

  6. Rozhodčí řízení

    OpenAIRE

    Braunová, Petra

    2009-01-01

    The main aim of this bachelor thesis is to characterize the essence of arbitration and to clear up all the main problems connected with arbitration. First few chapters are focused on the history of arbitration, legislation of arbitration, arbitration agreement and the position of arbitrator. Second part of this thesis is about arbitration proceedings and it also includes summary of the main pros and cons of arbitration.

  7. Evaluation of resource arbitration methods for multi-core real-time systems

    OpenAIRE

    Kelter T.; Harde T.; Marwedel P.; Falk H.

    2013-01-01

    Multi-core systems have become prevalent in the last years, because of their favorable properties in terms of energy consumption, computing power and design complexity. First attempts have been made to devise WCET analyses for multi-core processors, which have to deal with the problem that the cores may experience interferences during accesses to shared resources. To limit these interferences, the vast amount of previous work is proposing a strict TDMA (time division multiple access) sched...

  8. 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 ...

  9. Institutional change in industrial relations. Strike arbitration in Spain, 1880-1915

    OpenAIRE

    Domènech Feliu, Jordi

    2006-01-01

    Este artículo analiza los intentos por parte del estado español de ofrecer un marco regulatorio para las relaciones industriales a principios del siglo XX. Se discute aquí que el conflicto principal se centraba en el reconocimiento de los sindicatos por parte de los propietarios de empresas, lo que hacía que cualquier acuerdo para finalizar huelgas en curso fuera muy inestable. Respondiendo a un movimiento obrero cada vez más activo, el Estado intentó regular las huelgas, pero sin embargo no ...

  10. 75 FR 48956 - Arbitration Panel Decision Under the Randolph-Sheppard Act

    Science.gov (United States)

    2010-08-12

    ... had violated CBV's right to actively participate in the SLA's administrative decision making..., the money remained in Fund 650. In 2005, because of increased health insurance premiums, CBV... vendors' health insurance plan. The second referendum requested that the SLA transfer the unused...

  11. Nominal wage rigidity prior to compulsory arbitration: evidence from the Victorian Railways, 1902–1921

    OpenAIRE

    Andrew Seltzer; André Sammartino

    2011-01-01

    Studies across a wide range of countries have shown that relatively few workers have received year-to-year wage cuts since the Second World War. However, there is very little micro-level evidence from earlier years, when lower inflation rates and a less regulated labour market may have led to stronger downwards pressure on wages. This paper examines wage adjustment at the Victorian Railways, Australia, between 1902 and 1921. It is shown that, despite strong downwards pressure on wages, nomina...

  12. Private law enforcement in post-communist Southeastern Europe: An economic analysis of arbitration and execution

    Directory of Open Access Journals (Sweden)

    Schoenfelder Bruno

    2004-01-01

    Full Text Available The very idea of private law enforcement is alien in Southeastern Europe and appears there to be perceived as somewhat extravagant. A thoroughgoing search for the reasons of an extremely limited scope of the private law enforcement is undertaken in the paper. Private law enforcement is seen as taking three basic forms: self-enforcement, enforcement through other agents and illegal means and through specialized agents and with reliance on legal means. Particularly extensive is the analysis of arbitrage, both domestic and international, and of the causes of its modest deployment. Several possible causes are examined to some detail: the lack of knowledge both generally and in the sense of the lacking awareness of the possibility to find recourse to arbitrage, the shortage of lowers and the inadequacy of legal advice, distrust in courts, the preference for secrecy combined with partly operating in the realm of the gray economy, the missing of appellate proceedings and the shortfall in execution. Various factors influence the market share of arbitrage in the mass of litigations through various mechanisms and to a significantly differentiated degree. The paper centers on the various, sufficiently numerous components of these mechanisms. The stress is placed upon the still subdued power of reputation capital due mostly to a highly unstable macroeconomic situation, weakly and recently institutionalized property relations and, as a consequence, short decision making horizon. A new law enforcement mechanism, based on notaries as specific private enforcers and emerging in Croatia, is surveyed with an account of its advantages and disadvantages.

  13. Private law enforcement in post-communist Southeastern Europe: An economic analysis of arbitration and execution

    OpenAIRE

    Schoenfelder Bruno

    2004-01-01

    The very idea of private law enforcement is alien in Southeastern Europe and appears there to be perceived as somewhat extravagant. A thoroughgoing search for the reasons of an extremely limited scope of the private law enforcement is undertaken in the paper. Private law enforcement is seen as taking three basic forms: self-enforcement, enforcement through other agents and illegal means and through specialized agents and with reliance on legal means. Particularly extensive is the analysis of ...

  14. La validez del acuerdo arbitral en materia de inversiones extranjeras e hidrocarburos en Bolivia.

    OpenAIRE

    Cuomo, Nahid

    2011-01-01

    Este artículo versa sobre los efectos de los cambios constitucionales en los sectores de inversión extranjera e hidrocarburos. El uso de cláusulas arbitrales es moneda común en ambas áreas, pero la nueva regulación constitucional parece prohibirlo. El artículo analiza esta situación comparando la regulación constitucional actual con la abrogada.

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

    CERN Document Server

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

    2010-01-01

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

  16. The Impact of Arbitration Intervention Services on Youth Recidivism: One-Year Follow-Up

    Science.gov (United States)

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

    2006-01-01

    We report the impact of case management services and youth psychopathic features on twelve-month recidivism rates for youths involved in a Center for Substance Abuse Treatment funded clinical trial conducted in a juvenile diversion program. The project is evaluating an innovative intervention service providing 16 weeks of intensive case management…

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

    CERN Document Server

    Novosyadlyj, B; Durrer, R; Pelykh, V

    2013-01-01

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

  18. Teacher Evaluation: Contract Procedures, Contract Clauses, Arbitration Cases. A Handbook for the School Administrator and Evaluator.

    Science.gov (United States)

    Igoe, Joseph A.; DiRocco, Anthony P.

    This handbook for school administrators (especially principals) was designed to assist those who must evaluate probationary and tenured teachers in keeping with the terms of a negotiated contract. Frequently, the evaluator is not aware of the school district's contractual obligations to teachers, and failure to follow precisely the contract…

  19. 75 FR 42283 - Review of Arbitration Awards; Miscellaneous and General Requirements

    Science.gov (United States)

    2010-07-21

    ... proposed changes (75 FR 22540) (April 29, 2010). Formal written comments were submitted by three agencies... know to do so. See, e.g., U.S. DHS, U.S. Customs & Border Prot., JFK Airport, Queens, N.Y., 64 FLRA...

  20. Party Autonomy and Regional Harmonization of Rules in International Commercial Arbitration

    Directory of Open Access Journals (Sweden)

    Elizabeth Shackelford

    2006-04-01

    Full Text Available In the last half of the twentieth century, the trend towards “world-wide harmonization of trade law” has increased steadily with the globalization of economies and the corresponding increase in transnational commerce. Throughout this period, efforts have emerged to unify and harmonize international commercial law in order to promote international trade. The two primary ways this was pursued during the twentieth century were unification of choice of-law rules and harmonization or unification of substantive rules.