Relevant bibliographies by topics / Review of the award on the merits

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Academic literature on the topic 'Review of the award on the merits'

Author: Grafiati
Published: 25 May 2024

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Journal articles on the topic "Review of the award on the merits"

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Wolff, Reinmar. "Party Autonomy to Agree on Non–Final Arbitration?" ASA Bulletin 26, Issue 3 (September 1, 2008): 626–41. http://dx.doi.org/10.54648/asab2008065.

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Recently the Supreme Courts of Germany and of the United States decided on party–agreed post–award state court review on the merits. While the German Federal Supreme Court held an arbitration clause valid which allowed each party to request a state court de novo review after the award was rendered (25 ASA Bulletin 4/2007 p. 810), the U.S. Supreme Court disallowed the parties to agree to expanded review of awards under the Federal Arbitration Act (26 ASA Bulletin 3/2008 p. 577). The article formulates an international perspective on the underlying conflict between party autonomy and finality of awards and draws conclusions for the handling of similar cases.
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Penades Fons, Manuel. "The effectiveness of EU law and private arbitration." Common Market Law Review 57, Issue 4 (August 1, 2020): 1069–106. http://dx.doi.org/10.54648/cola2020716.

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This article examines the impact of the principle of effectiveness of EU law on private arbitration. It uses the frame of post-award litigation to demonstrate that the relationship between these two normative orders is transversal and potentially very disruptive. This is evidenced by the alteration of the burden of proof in post-award actions, the irrelevance of the loss of the right to object, the widening of judicial review over awards that violate EU public policy, and the possibility to scrutinize errors of EU mandatory law concerning the merits of the case. The result is the weakening of the finality of awards and the replacement of the principle of procedural autonomy of Member States by European procedural primacy.
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Junita, Fifi. "Judicial Review of International Arbitral Awards on the Public Policy Exception in Indonesia." Journal of International Arbitration 29, Issue 4 (August 1, 2012): 405–27. http://dx.doi.org/10.54648/joia2012027.

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The principle of non-review of arbitral awards on the merits is of foundational importance to the finality and enforceability of foreign awards. This paper examines the nature and scope of judicial review of international awards based on the public policy exception by the Indonesian courts. This article argues that the courts review the material findings of facts of the award expansively, relying on the public policy exception. It indicates that the courts do not only review errors in findings of fact, but they also engage in a full and independent re-examination of the factual basis that allegedly gives rise to the public policy violation. In the latter part of this article, the author concludes that the broad scope and meaning ascribed to the public policy exception under the Indonesian Arbitration law and the court's expansive intervention are likely to inhibit the finality of foreign awards in Indonesia.
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Pérez-Bernabeu, Begoña. "Article: State Aid Through Arbitration Awards: EU Law as a Ground for Non-enforcement." Intertax 51, Issue 3 (March 1, 2023): 219–31. http://dx.doi.org/10.54648/taxi2023006.

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The relationship between international investment law (IIL) and EU law is not without problems as evidenced by the Achmea ruling. These tensions have become more evident in the Micula case in which the commission resorted to the state aid rules in order to attack arbitration awards arising from intra-EU Bilateral investment treaties (BITs) (deeming its enforcement as state aid). Despite its two rulings relating to the Micula saga, the Court of Justice of the European Union (CJEU) has not yet validated (or not) the application of state aid rules to the enforcement of intra-EU awards. Hopefully, the upcoming general court’s judgment shall rule on the merits of the Micula case thereby dispelling doubts. Nevertheless, it is foreseeable that further clarifying judgments will be required concerning the recognition and enforcement of intra-EU awards in non-EU jurisdictions. This article reviews the current situation to show that, while state aid rules could adequately prevent the enforcement of an intra-EU award within EU borders, they lack effectiveness for blocking enforcement beyond its borders. Arbitration award, intra-EU BIT, State aid, Tax benefit repeal, Damages, Award recognition, Award enforcement, Public policy, Micula, Achmea, ICSID Convention, New York Convention.
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L. Stamer, Hanna. "Should German Courts Review Competition Law Awards on the Merits? Significance of the German Federal Supreme Court’s Decision of 27 September 2022." Journal of International Arbitration 40, Issue 6 (December 1, 2023): 765–88. http://dx.doi.org/10.54648/joia2023033.

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The extent to which courts are allowed to review arbitral awards for public policy violations in annulment or enforcement proceedings is a controversial topic. Recently, the German Federal Supreme Court (BGH) conducted an exhaustive judicial review of an award (referred to as a ‘Révision au fond’), assessing its potential breach of competition law within the framework of Germany’s public policy. This marks the first time in more than five decades that Germany’s highest civil court has taken an unambiguous stance in the ongoing discourse. Even though BGH decisions have no binding effect for lower courts in Germany, it can be expected that other German courts will follow the decision for the purpose of a uniform application of the law. This article analyses whether German courts should take the BGH’s decision as guidance and similarly conduct a Révision au fond of arbitral awards relating to competition law. It is concluded that the BGH’s decision is not in line with the internationally prevalent view that a Révision au fond is to be prohibited. Moreover, the justifications provided by the court for conducting a Révision au fond are found to be only partly convincing. In fact, there are several points in which the BGH’s approach can be countered by arguments in support of a merely limited review. Révision au fond, full review, competition law, antitrust, BGH, public policy, ordre public, cartel senate, finality of awards, Germany
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Tiantian, He. "Commentary on Award on Jurisdiction and Admissibility of the Philippines-instituted Arbitration under Annex vii to the unclos: A Discussion on Fact-Finding and Evidence." Chinese Journal of Global Governance 2, no. 1 (June 16, 2016): 96–128. http://dx.doi.org/10.1163/23525207-12340017.

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The Arbitral Tribunal in the arbitration instituted by the Philippines against China has issued its Award on Jurisdiction and Admissibility. Juridical practices have something in common. The arbitral proceedings generally comprise two indispensable stages: findings of fact and application of law. The production, collection, and evaluation of evidence serve a particular purpose: they are meant to enable the adjudicative body to find facts. Thus, evidence is meant to prove or disprove facts. This review paper aims to discuss evidence and fact-finding process in the Award. As a general rule, international judges or arbitrators have wide discretion in the evaluation of evidence, but the guiding principle of the rules governing evidence should be the principle of fair trial. The problems of evidence evaluation and fact-finding revealed in the Award would be much serious at the merits stage, thus have negative implications for the Tribunal to deliver its decision impartially.
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Tanaka, Yoshifumi. "Reflections on Historic Rights in the South China Sea Arbitration (Merits)." International Journal of Marine and Coastal Law 32, no. 3 (September 18, 2017): 458–83. http://dx.doi.org/10.1163/15718085-12322037.

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Abstract The Annex vii Arbitral Tribunal, in its arbitral award of 12 July 2016, ruled that China’s claims to historic rights with respect to the maritime areas of the South China Sea encompassed by the “nine-dash line” are contrary to the un Convention on the Law of the Sea. To support this conclusion, the Tribunal undertook detailed review with regard to the concept of historic rights and the relationship between China’s claimed historic rights and the Convention. The temporal or historical element can be regarded as a key element to establish historic rights. However, the Tribunal took an approach that minimises the role of the temporary element when examining the legality of China’s claimed historic rights. The Tribunal’s view provides an important insight into the concept of historic rights in the international law of the sea.
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Zekos, Georgios I. "Antitrust/Competition Arbitration in EU versus U.S. Law." Journal of International Arbitration 25, Issue 1 (February 1, 2008): 1–29. http://dx.doi.org/10.54648/joia2008001.

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The European Union and the United States have generally converged toward consumer welfare-based antitrustenforcement. In the United States, arbitration has been used extensively to resolve antitrust claims. In the European Union, only national courts, and not ad hoc arbitral tribunals, can refer questions to the European Court of Justice to obtain an interpretation or assessment of the validity of EU law provisions. Where national arbitration laws do not have manifest disregard of law as a reason for reviewing an award, courts cannot review the merits of awards for violation of EU competition law. The need for the recognition of an independent and alternative system to litigation, such as arbitration, is important both for the direct implementation of Article 81 of the EC Treaty in accordance with the scope of the Commission White Paper and to share the load of cases concerning competition disputes.
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Landolt, Phillip. "Tribunal Fédéral – Arrêt du Tribunal fédéral du 8 mars 2006 dans la cause 4P.278/2005: commentaire." ASA Bulletin 24, Issue 3 (September 1, 2006): 535–49. http://dx.doi.org/10.54648/asab2006066.

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<p>Much ado was made about the decision of the Swiss Federal Supreme Court declaring that competition law is not part of public policy pursuant to Art. 190 (2)(e) PIL Act. Too much probably. On the one hand, the present case did not offend EU competition law, which had been fully argued in the arbitration. The arbitral tribunal examined the arguments and found no violation of EU competition law. The losing party seems merely to have sought a review of the merits by the Supreme Court, which the latter is obviously not entitled to perform: Appeals on the merits, even if disguised as challenges of alleged public policy violations, are not available in any modern arbitration legislation. It would have been for the challenging party to show that competition law was violated and is part and parcel of the deliberately restrictive public policy grounds of Art. 190 PIL Act. The Supreme Court expressed incomprehension that, in its lengthy application, the challenging party did not spend more than five pages on this decisive issue (par. 1.2.3). It should also be noted that even in the EU, where a violation of EU competition law is, perhaps understandably, considered to be tantamount to a public policy violation, the argument of a purported violation cannot be raised without limitations. It must be raised <it>before the Arbitral Tribunal</it>. Failing timely argument, it is not for the state courts to interfere at the stage of a challenge of the award.</p> <p>In the well known precedent <it>Thalès v. Euromissile</it> (J.D.I.-Clunet 2/2005, p. 358), the Paris Court of Appeal refused to review an arbitral award that had purportedly failed to recognize that the contract underlying the arbitration was contrary to EU competition law and therefore void. In a similar case, the Paris Court upheld an arbitral award reminding the parties that ?La Cour, qui n’est pas le juge du procès mais de la sentence, n’exerce cette fois sur celle-ci qu’un contrôle intrinsèque puisque seule sa reconnaissance ou son exécution est examinée au regard de la comptabilité avec l’ordre public international.? The Court found that the Arbitral Tribunal had declared the contract between the parties to the arbitration void in light of EU competition law, that the issue had been fully pleaded in the arbitration, and that the challenge of the award was an inadmissible appeal on the merits (C. Paris, 1ère Ch., 23 March 2006, <it>SNCF v. Cytec Industries</it>, reported in Gazette du Palais / Cahiers de l?arbitrage No. 2006/1, p. 48).</p> <p>In light of these restrictions, the outcries of some self-declared champions of EU competition law against the decision of the Federal Supreme Court are somewhat surprising considering that the Court merely refrained from setting aside an award where the arbitral tribunal had fully examined the issue.</p>
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Lu, Xiangkui, and Jun Wu. "Semi-supervised Review-Aware Rating Regression (Student Abstract)." Proceedings of the AAAI Conference on Artificial Intelligence 37, no. 13 (June 26, 2023): 16272–73. http://dx.doi.org/10.1609/aaai.v37i13.26996.

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Semi-supervised learning is a promising solution to mitigate data sparsity in review-aware rating regression (RaRR), but it bears the risk of learning with noisy pseudo-labelled data. In this paper, we propose a paradigm called co-training-teaching (CoT2), which integrates the merits of both co-training and co-teaching towards the robust semi-supervised RaRR. Concretely, CoT2 employs two predictors and each of them alternately plays the roles of "labeler" and "validator" to generate and validate pseudo-labelled instances. Extensive experiments show that CoT2 considerably outperforms state-of-the-art RaRR techniques, especially when training data is severely insufficient.
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Dissertations / Theses on the topic "Review of the award on the merits"

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Abid, Chiraz. "L'établissement du contenu du droit aplicable en matière d'arbitrage international." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D042.

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Le rôle que joue le tribunal arbitral dans l'établissement du contenu du droit applicable n'est pas déterminé dans la plupart des législations d'arbitrage. Cette défaillance du cadre légal conduit à l'interprétation du principe jura novit curia en matière d'arbitrage international. Certes, une transposition pure et simple dans cette matière dudit principe, tel qu'il est appliqué devant les tribunaux étatiques, n'est pas sans difficulté. Néanmoins, en vue de consolider la confiance des parties dans la justice arbitrale et améliorer sa qualité, le tribunal arbitral doit avoir un rôle prépondérant vis-à-vis du droit applicable. En outre, l'office de l'arbitre doit intégrer l'emprise croissante des principes procéduraux fondamentaux. L'administration de la preuve juridique durant l'instance arbitrale s'accomplit à travers différents outils et méthodes. Ces derniers sont, de nos jours, très harmonisés dans les différentes législations et ce grâce à l'effort considérable déployé par les différentes institutions d'arbitrage. Néanmoins, en dépit de leur utilisation fréquente, de leur évolution croissante et leurs avantages indéniables, certains inconvénients persistent et contredisent parfois les besoins d'efficacité et de célérité recherchés par les compromettants. D'autres méthodes, spécifiques pour la preuve juridique, devraient émerger pour une meilleure administration de la justice. Il ne faut toutefois pas privilégier simplement une solution rapide du litige. Il faut qu'elle soit également acceptable et juste aux yeux des parties. Un outil de contrôle de la phase post-arbitrale, qui vise à vérifier si le contenu «censé» établi du droit applicable est correctement appliqué par l'arbitre aux faits de l'espèce, doit pouvoir exister et être efficace. Une telle mesure doit cependant être respectueuse du principe de non révision au fond des sentences
The role of the arbital tribunal in the establishment of the content of the applicable law on the merits is not envisaged in most of the arbitration statutes. This brings us to examine the principle ''jura novit curia" and the opportunity of its application to international arbitration. Applying this principle in the same way it is applied before state courts to international arbitration has led to several difficulties. However in order to encourage the parties to resort to arbitration and to increase their trust in this conflict resolution mechanism, the arbitrator must be actively involved in the establishment of the content of the applicable law. Moreover, the "ex officia" attributions of the arbitrator should always comply with the due process principles. The administration of the proof of the applicable law during an arbitration procedure is nowadays standardized in most of the different law systems, due to the continuous efforts of the arbitration institutions. However, and despite the numerous advantages of the current methods of establishment of the applicable law, many difficulties are still encountered, which is diminishing the efficiency and the celerity expected by the parties from the arbitration process. Therefore, news methods should be developed, without however compromising the quality of the justice rendered: a post arbitral control must be implemented in order to verify whether the arbitrator has correctly applied the law on the merits "as previously established" to the case at hand, while respecting the principle of non review of the award on the merits
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Sabalbal, Hélène. "Le choix du droit applicable dans l’arbitrage d’investissement : expérience euro-arabe." Electronic Thesis or Diss., Paris 2, 2021. http://www.theses.fr/2021PA020029.

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Le règlement d’un litige d’investissement dépend souvent du choix du droit applicable au fond. L’arbitre a l’obligation de respecter la volonté des parties. Les litiges d’investissement impliquent une partie privée et une partie étatique qui peut donner son consentement à l’arbitrage à l’avance dans une offre générale d’arbitrage. L’arbitre ne déterminera le droit applicable au litige qu’en cas du silence des parties. Sous l’égide d’une institution d’arbitrage ou dans le cadre d’un arbitrage ad hoc, l’arbitre peut appliquer un droit national, le droit régional (communautaire, musulman), le droit international ou des règles anationales, ou encore une combinaison de ces règles et droits. La partie I s’intéresse aux interactions entre ces droits et règles de droit et leur hiérarchisation éventuelle, pour pouvoir régler un litige d’investissement euro-arabe. Depuis l’entrée en vigueur du traité de Lisbonne en 2009, l'UE a une compétence exclusive pour négocier les accords relatifs aux investissements étrangers directs. La Partie II s’intéresse aux effets de la nouvelle compétence de l'Union sur les TBI antérieurs à Lisbonne et ceux postérieurs que les Etats membres voudraient conclure, et notamment les conséquences sur le droit applicable pour le règlement des litiges d’investissement. La partie III traite des limites au choix du droit applicable. L'arbitre doit rendre une sentence efficace et exécutoire. Le non-respect du droit applicable peut constituer un motif de recours contre la sentence. La révision de la sentence au fond dans certains pays arabes constitue indirectement une deuxième limite. Finalement, il est nécessaire de respecter l’ordre public
The settlement of an investment dispute often depends on the choice of applicable law to the merits. The arbitrator has the obligation to respect the will of the parties. In investment arbitration, the parties are a private party and a state party who may give its consent to arbitration in advance in a general offer of arbitration. The arbitrator will determine the applicable law only if the parties did not do so. Under the aegis of an arbitration institution or within the framework of an ad hoc arbitration, the arbitrator may apply national law, regional law (European, Islamic law), international law or non-national rules, or even a combination of formulas. Part I examines the interactions between these laws and rules of law, their potential hierarchy, in order to be able to settle an Euro-Arab investment dispute. Since the entry into force of the Lisbon Treaty in 2009, the EU has had exclusive competence to negotiate agreements relating to foreign direct investment. Part II studies the effects of the new competence of the EU on BITs prior to Lisbon and those that the Member States would like to conclude in the future, and in particular the consequences on the applicable law for the settlement of investment dispute. Part III tackles the limits to the choice of applicable law. The arbitrator must render an effective and enforceable award. Failure to apply the applicable law may be challenged. In some Arab countries, the award is reviewed at the merits, which is a second limitation. In addition, it is necessary to respect public policy
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Duffy, Matt J. "Unnamed Sources: A Longitudinal Review of the Practice and its Merits." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/communication_diss/19.

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This dissertation reviews the history and discourse of the debate regarding the use of unnamed sources in journalism. A quantitative and qualitative content analysis explores how the use of anonymous sources has changed over the years. The ethics justifying their use are examined through the lens of utilitarianism. The author offers guidelines for their future use.
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Thackeray, Vincent Gregory. "Inconsistencies in the rights of review of the merits of Commonwealth administrative decisions /." [St. Lucia, Qld.], 2001. http://adt.library.uq.edu.au/public/adt-QU20020821.171741/index.html.

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Fei, Lanfang, and 费兰芳. "Judicial review of arbitral awards in China: the need for reform." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B50533976.

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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 because a reporting mechanism under which the lower courts cannot deny an international award without confirmation by the Supreme People’s Court of China is applied to international awards but is not applied to domestic awards. The following question arises: Should the dual-track judicial review system for arbitral awards be harmonised into a single system, and if so, how should it be accomplished. This question has sparked heated debates among scholars and practitioners. It is important because appropriate and efficient judicial review of awards is essential to the functioning and development of the arbitration system in China. The research is based on the theory of path-dependent and institutional change. My consideration of the future of the dual-track system is centred on the wisdom of the original policy considerations behind the dual-track judicial review path, the solidity of the institutional foundations of the dual-track judicial review path and feedback on the dual-track system from judicial practice and the arbitration market. The research critically examined the policies and institutions behind the design of the dual-track judicial review and conducted an empirical study of the feedback of the design, which included a comprehensive review of various materials, cases and data relating to the subject. The thesis concluded that the dual-track review path should be reformed by harmonising the dual-track review standard while maintaining and revising the dual-track procedure. The dual-track review standard should be uniform, and the limited scope of procedural review should be applied to both domestic and international awards. Policy and institutional foundations have failed in the substantial review of domestic awards due to the disruption in boundaries between international business and Chinese domestic business, as well as a weakened distinction between international and domestic arbitration commissions. The case study and the survey provide further empirical evidence that supports my argument, which revealed that the dual-track standard causes chaos and abuse of law in judicial practice and has gained negative feedback from arbitration market participants. In contrast, the dual-track judicial review procedure should be maintained and revised. The study indicated that the reporting mechanism still acts as a positive force to control the outcome of reviews and secure proper and uniform application of the law. Despite its shortcomings, it still plays an important role in counteracting the negative effect of local protectionism and reinforces confidence of foreign investors in arbitration and within the legal infrastructure in China. Based on the above findings, the author proposed a new regulatory framework designed to be sufficiently flexible and current for meeting the practical requirements of arbitration, while considering suitable interaction between arbitration bodies and courts. Specifically, the thesis suggested that the Arbitration Law should be revised as a unitary and exclusive legal framework for regulating judicial review of arbitral awards, and for incorporating the rules of enforcement of arbitral awards specified in the Civil Procedural Law. Although separate regimes for domestic and international arbitration should be maintained, the criteria for differentiating various types of arbitral awards should be clarified and redefined. Finally, the thesis made several concrete suggestions for improving specific provisions of the law that govern judicial review of arbitral awards.
published_or_final_version
Law
Doctoral
Doctor of Philosophy
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Man, Derek Mang Wo. "Court intervention in and judicial review of Hong Kong domestic arbitration awards." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20834184a.pdf.

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Filho, Antonio Carlos Nachif Correia. "Julgamentos parciais no processo civil." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-13102015-141958/.

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Este trabalho trata fundamentalmente da admissibilidade dos julgamentos parciais do mérito e de questões de mérito no sistema processual civil brasileiro, considerando especialmente o modelo constitucional de processo civil, bem como no sistema processual prospectivo previsto no Projeto de Novo Código de Processo Civil, que deve entrar vigor em breve. Com este objetivo, será abordado no início da dissertação o dogma da unidade estrutural da sentença, sua origem, fundamentos e aplicabilidade no processo civil brasileiro, já que esse dogma parece ser o principal óbice que se opõe à realização dos julgamentos parciais. Em seguida, procede-se à análise da natureza dos pronunciamentos judiciais em que se realizam os julgamentos parciais, quando admitidos no CPC/73, para defini-los como decisões interlocutórias de mérito (ou de questões de mérito) ou sentenças parciais e intermediárias. Além disso, pretende-se estabelecer os pressupostos autorizadores dos julgamentos parciais, para que, assim, esses julgamentos sejam realizados de forma eficiente e em prol da efetividade da tutela jurisdicional. Trata-se ainda os julgamentos parciais na arbitragem e suas particularidades decorrentes das disposições específicas da Lei de Arbitragem e das características específicas do processo arbitral. Finalmente, nos capítulos finais deste estudo enfrentam-se os obstáculos que geralmente se colocam à realização dos julgamentos parciais relativamente ao âmbito recursal e à formação da coisa julgada. Para esse fim, são abordados a teoria dos capítulos de sentença, os efeitos dos recursos e, especialmente, a formação gradual da coisa julgada à luz da doutrina, da jurisprudência dos Tribunais Superiores e também do Projeto de Novo Código de Processo Civil.
This paper deals essentially with the possibility of rendering partial judgments on the merits and on issues of merits in the Brazilian Civil Procedure, considering especially the constitutional framework of civil procedure, as well as in the prospective procedural system provided by the New Code of Civil Procedure bill, which shall be in force soon. With this goal, the principle of the indivisibility of the award on merits, its origins, its grounds and its applicability to the Brazilian Civil Procedure are addressed in the beginning of the dissertation, as this principle seems to be the main obstacle against the partial judgments. Following this, the nature of the judicial decisions in wich the partial judgments take place when admitted by the Brazilian Code of Civil Procedure of 1973 shall be analysed, in order to characterize them either as interlocutory decisions on the merits (or on issues of merits) or as partial and intermediate awards. In addition, there is a focus on clarifying the conditions in which partial judgments can be rendered, in order to carried out in and efficient fashion, and hence contributing to the effectiveness of the judicial relief. Moreover, the partial judgments in arbitration, as well as their particularities arisen from the specific provisions under the Arbitration Act and singular characteristics of arbitral procedure are analysed. The final chapters of this paper face the obstacles associated with appeals and with claim preclusion that are usually posed against the rendering of partial judgments. For this scope, there shall be addressed the theory of chapters of the award, the effects of the appeals, and specially the gradual claim preclusion in view of the scholars opinions, the case law of the Higher Courts, and also under the New Code of Civil Procedure bill.
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Botma, Carli Helena. "The role of reasonableness in the review of labour arbitration awards." Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/1035.

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The Labour Relations Act 66 of 1995 in section 145 and the Arbitration Act 42 of 1965 in section 33 uses wording very similar to one another to specifically enable the labour court to review CCMA and private arbitration awards respectively. As a result, labour arbitration award reviews are regarded as part of the family of special statutory reviews; the implication of such a classification being that the situation specific statutory provision(s) and the jurisprudential principles developed thereunder are applicable rather than those applicable to reviews in general. When the common purpose of the review procedure is then read with the legislature’s objective of quickly and finally resolving labour disputes at arbitration level as well as the limited grounds for review as provided for in the LRA and the AA, indications are that the labour courts’ review powers should be restrictively interpreted. However, because the making of CCMA arbitration awards also constitutes administrative action, the review thereof is also influenced by the constitutional right to just administrative action and reasonableness in particular. This does however not mean that applicants on review can rely directly on section 33 of the Final Constitution or on the broader grounds of section 6 of the PAJA to review CCMA arbitration awards on the basis of unreasonableness. Section 145 of the LRA constitutes administrative action legislation within the specialised labour law sphere and reasonableness is not a ground mentioned therein. A constitutionally consistent interpretation of section 145 however has the effect that reasonableness suffuses the statutory defined grounds for review; a state of affairs that does not threaten the restrictive scope of CCMA arbitration award reviews. In terms thereof, courts on review must establish whether the decision, alleged to have been reached by the commissioner as a result of the occurrence of one or more of the section 145 grounds for review, is one that a reasonable decision-maker could not reach. This interpretation accords far better with the legislature’s specific objectives pertaining to labour arbitration award reviews and the permissible range of reasonableness further ensures that awards are not easily interfered with on review. When a court is then called upon to determine whether or not a decision is reviewable in terms of section 145, it is entitled to have regard to both the award and the record of the proceedings. If, after such scrutiny, the court is of the opinion that the decision was arrived at as a result of the occurrence of a defect as contemplated by section 145 of the LRA, the decision should be reviewed and set aside irrespective of the fact that the outcome can be sustained by other reasons also identifiable from the record; the focus of review always being on the commissioner’s process of reasoning and the way in which he arrived at his findings rather than the outcome of the process. A court should however be mindful of the fact that erroneous reasons for findings per se are not reviewable grounds, but at best serve as evidence of a reviewable ground that will in conjunction with other considerations have to be sufficiently compelling to justify an inference that the decision is unreasonable. In the case of jurisdictional reviews, the reasonableness standard is also applicable because the focus is on the commissioner’s subjective reasons for his findings rather than the jurisdictional fact’s objective existence. A court on review can accordingly set aside a decision following upon the non-observance of a jurisdictional fact if the commissioner, in deciding that the jurisdictional fact existed, committed one or more of the section 145 grounds for review. In the case of private arbitration awards, applicants seeking a review must do so on the grounds recognised in section 33 of the AA and reasonableness is not one of them. This is however not the only reason why these awards are also not subject to the scrutiny of the reasonableness test on review. The other reason relates to the fact that the issuing of private arbitration awards does not constitute administrative action. The disputing parties can also not by agreement incorporate the reasonableness standard into private arbitration award reviews conducted by the labour court. Such parties are however entitled to establish a private appeal or private review body in their arbitration agreement, clothing it with the powers that they wish to confer upon it, including the ability to review an award subject to the reasonableness standard.
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Andrade, Francisco Javier. "Contractual expansion of judical review of arbitral awards : an international view." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78197.

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In the last decade, parties to arbitration agreements have attempted to broaden the scope of judicial review of arbitral awards by contract, beyond the boundaries established in international and domestic arbitration statutes. This thesis analyzes this contractual expansion of judicial review from an international perspective. To this end, the standard of judicial review under the most important international instruments pertaining to commercial arbitration is examined: the New York Convention and the UNCITRAL Model Law on International Commercial Arbitration. The study then addresses the question as to whether provisions for heightened judicial review of arbitral awards would be enforceable under the legislation of three major players in commercial arbitration: England, France and the United States. An analysis of the legitimacy of agreements that provide for expanded judicial review under the New York Convention and UNCITRAL Model Law follows. The thesis concludes with an assessment of the impact the mentioned clauses would represent for the institution of arbitration and its advantages.
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Margretz, Jason. "The effect of medical malpractice award amount on health a cross-sectional review of 1998 state data /." Auburn, Ala., 2007. http://repo.lib.auburn.edu/2007%20Spring%20Theses/MARGRETZ_JASON_24.pdf.

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Books on the topic "Review of the award on the merits"

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Beaumont, Ben. Arbitration and rent review. 2nd ed. London: Estates Gazette, 1993.

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London, Lloyd'sof, and Port of London Authority, eds. Liner analysis: 1993 star performer award review. London: Lloyd's, 1994.

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Ltd, Law Business Research, ed. The international arbitration review. 2nd ed. London: Law Business Research Ltd., 2011.

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United, States Congress Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Oversight of Government Management the Federal Workforce and the District of Columbia. Improving performance: A review of pay-for-performance systems in the federal government : hearing before the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Tenth Congress, second session, July 22, 2008. Washington: U.S. G.P.O., 2009.

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Improving performance: A review of pay-for-performance systems in the federal government : hearing before the Oversight of Government Management, the Federal Workforce, and the District of Columbia Subcommittee of the Committee on Homeland Security and Governmental Affairs, United States Senate, One Hundred Tenth Congress, second session, July 22, 2008. Washington: U.S. G.P.O., 2009.

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Massachusetts. General Court. House of Representatives. Post Audit and Oversight Bureau. HPAO review of CA/THT contract award no. C14C4. [Boston, Mass.]: General Court of Massachusetts, House Committee on Post Audit and Oversight, Post Audit and Oversight Bureau, 1995.

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American Bar Association. Section of Litigation., ed. Judicial review to correct arbitral error an option to consider. [Chicago, Ill.]: American Bar Association, 1997.

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Office, General Accounting. Department of Education grant award. Washington, D.C: The Office, 1992.

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Office, General Accounting. Department of Education grant award. Washington, D.C: The Office, 1992.

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Review of hotline complaint on EPA's pre-award activities for multiple award contracts at the National Computer Center. [Washington, D.C.]: U.S. Environmental Protection Agency, Office of Inspector General, 2013.

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Book chapters on the topic "Review of the award on the merits"

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Forsberg, Eva, Sara Levander, and Maja Elmgren. "Peer Review in Academic Promotion of Excellent Teachers." In Peer review in an Era of Evaluation, 245–74. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-75263-7_11.

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AbstractWhile research merits have long been the priority in the recognition of institutions and scholars, teaching is often downplayed, appearing as a practice of less worth in Academia. To counteract this tendency, various systems to upgrade the value of education and to promote teaching excellence have been introduced by higher education institutions on a global scale. In this chapter, we explore the values and beliefs unveiled in the promotion of academics in such a system. We employ empirical data collected from an inquiry into the promotion of distinguished university teachers at a comprehensive university in Sweden. An analysis of reviewers’ judgements and legitimations shows that the intersection between promotion, peer review, and excellent teaching affects not only the peer review process, but also the notion of the distinguished university teacher.
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Vellamo, Tea, Jonna Kosonen, Taru Siekkinen, and Elias Pekkola. "Bureaucratic, Professional and Managerial Power in University Tenure Track Recruitment." In Peer review in an Era of Evaluation, 371–402. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-75263-7_16.

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AbstractIn this chapter, our interest lies in analysing the different powers in recruitment and, particularly, how they are manifested in the new tenure track model in technical fields in Finland. Traditionally, recruitment in higher education has mostly relied on the bureaucratic application of processes and on academics, representing professional power, evaluating academic merit. The new university legislation, granting universities more autonomy in recruiting, has allowed the development of increasingly strategic recruitment models. The novel tenure track recruitment criteria exceed traditional notions of individual merits to include assessments of the strategic visions of universities and departments. We see the use of the tenure track model as a shift both in the recruitment for identity building related to the technical university’s strategy and as a shift in using more managerial power in recruitment. We use a case study approach where we look at recruitment in a similar field in two different kinds of universities utilising tenure track, and we examine how bureaucratic, managerial and professional powers are manifested in the processes. The comparisons are used to highlight the powers in the tenure track process in a technical university.
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Price, B. J., J. Padur, and N. S. Robson. "A Review of the Relative Merits of Low Powered WDXRF and EDXRF Spectrometers for Routine Quantitative Analysis." In Advances in X-Ray Analysis, 193–99. Boston, MA: Springer US, 1991. http://dx.doi.org/10.1007/978-1-4615-3744-1_20.

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Bhatt, Neeru, Lyutha Al-Subhi, and Mostafa Waly. "Seaweeds as Functional Food: A Comprehensive Review of Its Antioxidants and Therapeutic Merits Against Oxidative Stress-Mediated Chronic Diseases." In Sustainable Global Resources of Seaweeds Volume 2, 77–91. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-92174-3_3.

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Hiroshi, Oda. "9 The Enforcement of Arbitral Awards." In Russian Arbitration Law and Practice. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198712442.003.0009.

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This concluding chapter explores the enforcement of arbitral awards. There are two primary laws relevant to the recognition and enforcement of arbitral awards of international commercial arbitration in Russia: the Law on International Commercial Arbitration of 1993 and the Code of Commercial Court Procedure of 2002. The former has the basic provision on the recognition and enforcement of awards and the grounds for refusal, while the latter provides for the procedural aspects of recognition and enforcement of arbitral awards. It is an established principle of international commercial arbitration that in deciding whether enforcement of awards is allowed or not, courts are not entitled to review the case on its merits. However, Russian judges are not always aware of this fundamental rule, or do not comply with it. The chapter then looks at the grounds for the refusal of recognition and enforcement of arbitral awards and the way Russian courts interpret these grounds. Particularly important is the understanding of public order by Russian courts. Finally, the practice of ‘Russian Torpedo’ is discussed.
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Park, William W. "Substantive Norms." In Arbitration of International Business Disputes, 479–556. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780199286904.003.0010.

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Abstract Today one sometimes hears cheerful talk about “autonomous” arbitration and “delocalized” procedure, free from the procedural safeguards traditionally imposed by those national legal systems that support the arbitral process.1 The liberation of international arbitration from national legal systems implicates several themes. First, arbitrators often interject trade usage in deciding the merits of a dispute.2 Second, judges increasingly permit arbitration of sensitive public law claims, such as antitrust or securities regulation.3 Finally, arbitral procedure has been to some extent “delocalized,” in the sense of breaking free from procedural norms of the arbitral situs.4 Local procedural safeguards Many European arbitral centres have attempted to increase their shares of the fees accruing to local lawyers and arbitrators by enacting reforms. These reforms free arbitrators from fear of judicial second-guessing through direct or indirect appeal of their legal conclusions.5 The rationale for these changes is that businessmen who opt for arbitration prefer speed and finality over the legal precision arguably obtained from appeal. Judicial review on the merits of awards may make arbitration merely a rehearsal for court litigation.6
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"Review on the merits." In Government Accountability, 221–42. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781108147583.008.

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"Review on the merits." In Government Accountability Sources and Materials, 165–83. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781108147590.008.

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Creyke, Robin. "Tribunals and merits review." In Modern Administrative Law in Australia, 393–415. Cambridge University Press, 2014. http://dx.doi.org/10.1017/cbo9781107445734.021.

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"Review on the merits." In Government Accountability, 225–45. 3rd ed. Cambridge University Press, 2023. http://dx.doi.org/10.1017/9781009106597.011.

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Conference papers on the topic "Review of the award on the merits"

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Suhir, E. "Structural Analysis of Microelectronic and Photonic Systems." In ASME 2005 Pacific Rim Technical Conference and Exhibition on Integration and Packaging of MEMS, NEMS, and Electronic Systems collocated with the ASME 2005 Heat Transfer Summer Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/ipack2005-73249.

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We examine some basic attributes of, and challenges in, modeling of the mechanical behavior of materials and structures in microelectronics and photonics (mainly fiber optic). The emphasis is on the role that methods and approaches of Structural Analysis should play (and, in effect, have played) in the design, manufacturing, testing and operation of micro- and opto-electronics assemblies, packages and systems. The objectives, merits and shortcomings of Structural Analysis (analytical modeling) are addressed, as well as the interaction between the analytical (“mathematical”) and numerical (mostly, FEA) modeling. We discuss also the interaction of the theoretical and experimental approaches, which should complement each other, when there is a need to design, build and operate a viable and reliable micro- or opto-electronic system. The review is based primarily on author’s work carried out during his tenure with Ball Laboratories, Physical Sciences and Engineering Research Division, and is a revised, updated and expanded version of an invited lecture presented several years ago at the RPI. It is carried out in connection with the author’s 2004 ASME award (Worcester Warner Reed Medal) “for outstanding contributions to the permanent literature of engineering through a series of papers in Mechanical, Microelectronic, and Optoelectronic Engineering, which established a new discipline known as the Structural Analysis of Microelectronic and Photonic Systems”.
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Tan, Vincent Y. F., Prashanth L.A., and Krishna Jagannathan. "A Survey of Risk-Aware Multi-Armed Bandits." In Thirty-First International Joint Conference on Artificial Intelligence {IJCAI-22}. California: International Joint Conferences on Artificial Intelligence Organization, 2022. http://dx.doi.org/10.24963/ijcai.2022/784.

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In several applications such as clinical trials and financial portfolio optimization, the expected value (or the average reward) does not satisfactorily capture the merits of a drug or a portfolio. In such applications, risk plays a crucial role, and a risk-aware performance measure is preferable, so as to capture losses in the case of adverse events. This survey aims to consolidate and summarise the existing research on risk measures, specifically in the context of multi-armed bandits. We review various risk measures of interest, and comment on their properties. Next, we review existing concentration inequalities for various risk measures. Then, we proceed to defining risk-aware bandit problems, We consider algorithms for the regret minimization setting, where the exploration-exploitation tradeoff manifests, as well as the best arm identification setting, which is a pure exploration problem—both in the context of risk-sensitive measures. We conclude by commenting on persisting challenges and fertile areas for future research.
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Topaloğlu, Mustafa. "Arbitral Awards Under ISTAC Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2021. http://dx.doi.org/10.36880/c13.02580.

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Arbitration is a well-established and widely used method of resolution of disputes outside the state courts. There are various arbitration centers around the world. The Istanbul Arbitration Centre ISTAC is an independent, neutral and impartial institution providing efficient dispute resolution services for both international and domestic parties. The arbitral awards rendered under ISTAC Arbitration Rules are subject to enforcement by officers just as court decisions. ISTAC arbitration proceeding is carried out by The Sole Arbitrator or Arbitral Tribunal which consist of President and other arbitrators. The Sole Arbitrator or Arbitral Tribunal shall render the award on the merits of the dispute, within 6 months from the date upon which the completion of the signatures on the terms of reference. When the dispute is resolved by an Arbitral Tribunal, it shall decide by majority. In the absence of majority, the award shall be made by the President of the Arbitral Tribunal. The arbitral award contains information of parties and arbitrators, the reasoning of the award, the decision, the decision concerning the costs of the arbitration. The awards are signed by Sole Arbitrator or Arbitral Tribunal. The Sole Arbitrator or Arbitral Tribunal may correct ex officio any computational and typographical errors in the award within 30 days of the date on which the award was rendered. The arbitration proceedings are terminated by the issuance of the award or by the occurrence of any circumstances which are stipulated under ISTAC Arbitration Rules Article 3.
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Armstrong, Eric, and Jacquie Barnbrook. "2002 Academy Award winner for best animated short "The ChubbChubbs!"." In ACM SIGGRAPH 2003 video review on Electronic theater program. New York, New York, USA: ACM Press, 2003. http://dx.doi.org/10.1145/1006032.1006057.

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Lopes, Afonso, José Ricardo Barboza, and Gilberto Bernardes. "Instrument position in Immersive Audio: An empirical review of award-winning practices." In 2023 Immersive and 3D Audio: from Architecture to Automotive (I3DA). IEEE, 2023. http://dx.doi.org/10.1109/i3da57090.2023.10289431.

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Dong, Jian, Zuomin Dong, and Curran Crawford. "Review of Continuously Variable Transmission Powertrain System for Hybrid Electric Vehicles." In ASME 2011 International Mechanical Engineering Congress and Exposition. ASMEDC, 2011. http://dx.doi.org/10.1115/imece2011-63321.

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In this paper, a review of the state-of-the-art of various CVT powertrain systems now used or being planned for future use in HEVs is presented. These CVT powertrain systems are classified into three main categories: mechanical CVT, electromechanical CVT (ECVT) and pure electrical CVT (EVT). The research development, system architecture, operation characteristics and the merits and drawbacks of each type are discussed.
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Butler, A. C., G. R. Coates, S. S. Rao, F. Sadeghi, and S. R. LeClair. "Modeling Uncertainty in Preliminary Design: A Short Review." In ASME 1995 Design Engineering Technical Conferences collocated with the ASME 1995 15th International Computers in Engineering Conference and the ASME 1995 9th Annual Engineering Database Symposium. American Society of Mechanical Engineers, 1995. http://dx.doi.org/10.1115/detc1995-0172.

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Abstract Several mathematical theories exist for modeling uncertainty, and this paper explores the use of three different techniques for modeling judgment in preliminary engineering design. The relative advantages and disadvantages of each theory are discussed from an applied perspective based on experience with prototype systems. These techniques include the Dempster-Shafer theory, Bayesian Belief Networks, and Fuzzy Systems. Additionally, the relative merits and limitations of each technique are discussed in a qualitative manner drawing on experience gained with each model. Conclusions are drawn about the effectiveness of these techniques for representing uncertainty in preliminary engineering design.
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Anderson, Eric H., and Janet M. Sater. "SPIE Smart Structures Product Implementation Award: a review of the first ten years." In The 14th International Symposium on: Smart Structures and Materials & Nondestructive Evaluation and Health Monitoring, edited by L. Porter Davis, B. K. Henderson, and M. Brett McMickell. SPIE, 2007. http://dx.doi.org/10.1117/12.715735.

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Cong, W. L., Q. Feng, and Z. J. Pei. "Drilling of Silicon Based Solar Panels: A Review." In ASME 2010 International Manufacturing Science and Engineering Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/msec2010-34324.

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Solar panels have been developed to convert the solar energy to electricity. Since most solar panels are silicon based, they inherit the mechanical properties of silicon, such as brittleness and hardness. These properties might lead to cracking in workpieces and low tool lives in traditional machining processes. In solar panel manufacturing, to increase the efficiency of solar cells, electrical contacts on the front side of the panel need to be connected to those on the back side. Therefore, holes of different sizes are required to drill in silicon solar panels for certain designs. This paper reviews the literature on different drilling processes for silicon solar panels and summarizes merits, shortcomings, and special characteristics of each method.
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Díaz Lankenau, Guillermo F., and Amos G. Winter. "An Engineering Review of the Farm Tractor’s Evolution to a Dominant Design." In ASME 2018 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/detc2018-86285.

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This article explains the origin and performance merits of the conventional farm tractor design, which has endured largely unchanged since the 1940’s. The article covers two main themes: first the historical context and external pressures that directed the farm tractor’s design evolution; and then an analysis on why the tractor’s proportions and force applications points are conducive to good performance. The conventional tractor’s weight distribution, wheel proportions, farming implement attachment, and frame construction are discussed.
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Reports on the topic "Review of the award on the merits"

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Li, Richard. LegalOne Stellar Accolade 2024 - Southeast Asia. LegalOne Global Limited, May 2024. http://dx.doi.org/10.62436/a-1712738184242.

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The LegalOne Stellar Accolade is an honour roll dedicated to recognising the practical prowess and expertise of legal professionals. The evaluation process is rooted in rigorous assessment of commercial deals or cases submitted by legal experts. The editorial team at LegalOne reviews each submission, covering a broad spectrum of commercial transactions, disputes, and intellectual property matters. We award our esteemed LegalOne Merits ratings to the most outstanding transactions, based on criteria such as inherent challenges, complexity, innovation, and the social and economic implications of the projects.
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Chang, Min Cheol, Yoo Jin Choo, Sang Gyu Kwak, Kiyeun Nam, Sae Yoon Kim, Hee Jin Lee, and Soyoung Kwak. Effect of Extracorporeal Shockwave Therapy on Spasticity in Patients with Cerebral Palsy: A Meta-analysis of Timing of Outcome Measurement. INPLASY - International Platform of Registered Systematic Review and Meta-analysis Protocols, August 2022. http://dx.doi.org/10.37766/inplasy2022.8.0066.

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Review question / Objective: Extracorporeal shockwave therapy (ESWT) has recently been suggested as an alternative treatment for managing spasticity in children with cerebral palsy (CP). However, little is known about the duration of its effect on reducing spasticity in CP patients. Herein, we conducted a meta-analysis to evaluate the effect of ESWT in controlling spasticity in CP patients according to the follow-up periods. Condition being studied: Recently, extracorporeal shockwave therapy (ESWT) has been suggested as an alternative treatment for managing spasticity in children with CP. ESWT has merits in that it can be applied easily and conveniently without significant procedural pain and rarely causes major complications. Previous clinical trials evaluated the effect of ESWT in reducing spasticity in CP patients. In a 2019 meta-analysis showed that ESWT has a positive spasticity-reducing effect; however, they evaluated only the effect immediately after the termination of ESWT. For the clinical use of ESWT, clinicians should be aware of the duration of the spasticity-reducing effect after ESWT completion. In the present meta-analysis, we evaluated the effect of ESWT on spasticity in CP patients according to the follow-up periods.
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O'Shea, Sarah. Rethinking Student Belonging, Engagement, and Success: An Equity Perspective. Journal of the Australian and New Zealand Student Services Association, April 2024. http://dx.doi.org/10.30688/janzssa.2024-1-03.

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The last weeks have seen a flurry of activity across the Australian university sector with the release of the Universities Accord Final Report. While I write, there is vigorous debate occurring, deliberating both the Accord’s strengths and its inherent limitations, one of the latter being the apparent perpetuation of low expectations for students with disability (see McLennan, 2024). Whilst the relative merits of some of the report’s recommendations have been questioned, there is little doubt that both this document—and the associated review process—have succeeded in placing educational equity at the centre of any future imaginings of the Australian higher education system. This is welcome news for many of us who have worked alongside students from more diverse backgrounds and witnessed the many obstacles encountered in their higher education journeys. To address these and other enduring issues, the Accord recommends significant changes that include accessible preparatory programs for future students, a better integrated tertiary system, and—of course—increases in student funding support. But I would argue there are other, far more fundamental, issues that also need to be addressed if we are to achieve the Accord’s ultimate goal of a “better and fairer education system”. (Department of Education, 2024, p. 23)
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Khan, Mahreen. Evaluating External Government Audit. Institute of Development Studies, September 2022. http://dx.doi.org/10.19088/k4d.2022.140.

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This rapid literature review of primary and grey sources found substantial evidence of the merits of donor support to Public Financial Management (PFM) initiatives but no specific evidence assessing donor support for external government audit, such as Supreme Audit Institutions (SAIs). PFM reforms are established as being generally beneficial, assist in reducing or preventing corruption, increasing transparency and accountability, as well as improving service delivery quality, although the exact impacts are difficult to measure. Performance auditing has recently attracted more attention than traditional financial or compliance auditing and is seen by many sources to be conducive to improving accountability, although compliance and financial auditing are still viewed as the core of external audit. There is a substantial body of literature on donor-assisted PFM reforms but a paucity of focused study or discussion of donor support to external audit specifically. This evidence gap may be due to the cost of examining the narrow focus required on donor-assisted external audit specifically. This is compounded by the complexity of gathering a sufficiently large database through surveys combined with the lack of access (for individual academics) to official datasets across countries. Furthermore, measuring the impact of SAIs, for example, is difficult due to the variety of regulatory structures that exist, inhibiting comparative cross-country studies, which has resulted in a preference for in-depth analyses. Only multilateral institutions have conducted comprehensive cross-country surveys. However, the evidence does show that strengthened PFM systems and SAIs,1 if they are independent and fully resourced, increase transparency and accountability, helping to combat corruption, when governments are made answerable to their audit findings. The evidence on the effectiveness of SAIs (against corruption) is mixed and not as strong as for PFM reforms in general. The impact of PFM interventions in preventing or reducing corruption increases when reforms are sector-specific and complemented by societal awareness initiatives, citizen participation, and infomediary advocacy. This finding seems applicable to SAIs as the discourse is increasingly on improving comprehension of audit reports and wider dissemination to relevant stakeholders.
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Manufacturing USA Institute Evaluation: Renewal Process and Performance Standards. National Institute of Standards and Technology, July 2021. http://dx.doi.org/10.6028/nist.ams.600-8.

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The Manufacturing USA Program’s 2019 reauthorization allows the National Institute of Standards and Technology (NIST) to renew Manufacturing USA institute support, subject to a “rigorous merit review.” Following an initial five to seven-year cooperative agreement in which federal support must be cost-matched by at least a 1:1 match of non-federal co-investment over the performance period of the award, NIST-funded institutes are now eligible to apply for renewal of their support. This document describes the institute renewal process, with a focus on the performance standards for the merit review.
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