Готові списки джерел за темами / First order arbitration (FOA)

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Добірка наукової літератури з теми "First order arbitration (FOA)"

Автор: Grafiati

Опубліковано: 11 березня 2023

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Статті в журналах з теми "First order arbitration (FOA)"

AMAGO, Tatuyuki, Yasuaki TSURUMI, Toshiaki NAKAGAWA, and Hidekazu NISHIGAKI. "Joint Stiffness of Body Structure based on First Order Analysis (FOA)." Proceedings of Design & Systems Conference 2003.13 (2003): 312–13. http://dx.doi.org/10.1299/jsmedsd.2003.13.312.

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AMAGO, Tatsuyuki, Hidekazu NISHIGAKI, Shinji NISHIWAKI, Yoshio KOJIMA, and Noboru KIKUCHI. "Optimization technique for First Order analysis." Proceedings of OPTIS 2000.4 (2000): 199–204. http://dx.doi.org/10.1299/jsmeoptis.2000.4.199.

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YAMAZAKI, Koetsu, Kosuke ODA, Shawkut Ali Khan, and Kazuhiko HIROOKA. "3108 Development of Simplified Deformation Analysis for 3D-First Order Analysis." Proceedings of Design & Systems Conference 2005.15 (2005): 445–48. http://dx.doi.org/10.1299/jsmedsd.2005.15.445.

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Azizian, Asghar. "Uncertainty Analysis of Time of Concentration Equations based on First-Order-Analysis (FOA) Method." American Journal of Engineering and Applied Sciences 11, no. 1 (January 1, 2018): 327–41. http://dx.doi.org/10.3844/ajeassp.2018.327.341.

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Zhu, Deyan, Yang Chen, Ping Li, Bin Feng, and Yajun Pang. "Design and Management of Stray Light for Compact Final Optics Assembly on the High Energy Laser System." International Journal of Optics 2021 (February 15, 2021): 1–7. http://dx.doi.org/10.1155/2021/6655866.

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In this study, a model is proposed to design and manage the stray light of a compact final optics assembly (FOA) for a high energy laser system. Based on the method we proposed, the high-order stray light can be managed to optimizing the position and angle of the optical elements. A light trap is designed to manage the first-order stray light with high fluence. Applying the method, we provide an experimental demonstration to designing a compact FOA. By comparing the cleaning results with no management testing result, it proves that using the above design and management, it can achieve the great improvement of cleanliness from ISO Class 5 to Class 3, which is significant to improve the output capability of the high energy laser system. In addition, we also verify the stray light by an optical field paper. It demonstrates that the field characteristics and position calculation of stray light are reliable.

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Shawkut, Ali Khan. "Simplified Deformation Analysis for 3D-First Order Analysis." Proceedings of The Computational Mechanics Conference 2003.16 (2003): 877–78. http://dx.doi.org/10.1299/jsmecmd.2003.16.877.

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Lee, Dong Wook, Zheng-Dong Ma, and Noboru Kikuchi. "FOA (first-order analysis) model of a granule-filled tube for vehicle crash energy absorption." Mechanics of Materials 41, no. 6 (June 2009): 684–90. http://dx.doi.org/10.1016/j.mechmat.2009.01.016.

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Yoshida, Takumi, Takeshi Okuzono, and Kimihiro Sakagami. "Binaural Auralization of Room Acoustics with a Highly Scalable Wave-Based Acoustics Simulation." Applied Sciences 13, no. 5 (February 22, 2023): 2832. http://dx.doi.org/10.3390/app13052832.

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This paper presents a proposal of an efficient binaural room-acoustics auralization method, an essential goal of room-acoustics modeling. The method uses a massively parallel wave-based room-acoustics solver based on a dispersion-optimized explicit time-domain finite element method (TD-FEM). The binaural room-acoustics auralization uses a hybrid technique of first-order Ambisonics (FOA) and head-related transfer functions. Ambisonics encoding uses room impulse responses computed by a parallel wave-based room-acoustics solver that can model sound absorbers with complex-valued surface impedance. Details are given of the novel procedure for computing expansion coefficients of spherical harmonics composing the FOA signal. This report is the first presenting a parallel wave-based solver able to simulate room impulse responses with practical computational times using an HPC cloud environment. A meeting room problem and a classroom problem are used, respectively, having 35 million degrees of freedom (DOF) and 100 million DOF, to test the parallel performance of up to 6144 CPU cores. Then, the potential of the proposed binaural room-acoustics auralization method is demonstrated via an auditorium acoustics simulation of up to 5 kHz having 750,000,000 DOFs. Room-acoustics auralization is performed with two acoustics treatment scenarios and room-acoustics evaluations that use an FOA signal, binaural room impulse response, and four room acoustical parameters. The auditorium acoustics simulation showed that the proposed method enables binaural room-acoustics auralization within 13,000 s using 6144 cores.

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Kirby, Jennifer. "Sourcing Unlimited, Inc. v. Asimco Int’l, Inc.: Appellate Jurisdiction and Equitable Estoppel." Journal of International Arbitration 26, Issue 1 (February 1, 2009): 149–58. http://dx.doi.org/10.54648/joia2009007.

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In Sourcing Unlimited, Inc. v. Asimco Int’l, Inc., the United States Court of Appeals for the First Circuit reverses a district court decision denying defendants’ motion to compel arbitration. In doing so, the court addresses two key issues. First, the court analyzes, as a matter of first impression, whether it has jurisdiction to hear an interlocutory appeal from an order denying a motion to compel arbitration of an international commercial dispute, where the appeal is brought by a party that did not sign the agreement containing the arbitration clause. Second, the court addresses the circumstances under which it is appropriate to compel arbitration based on principles of equitable estoppel. The court’s analysis brings into focus what United States courts appear to be doing when they compel arbitration on this basis.

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YAMAZAKI, Kouetsu, and Kousuke ODA. "Simplified Deformation Analysis for 3D-First Order Analysis." Proceedings of Design & Systems Conference 2004.14 (2004): 219–20. http://dx.doi.org/10.1299/jsmedsd.2004.14.219.

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Дисертації з теми "First order arbitration (FOA)"

Massolo, Alessandro. "The quantification of damages caused by an infringement of Art. 101 or Art. 102 TFEU: is arbitration really a short cut?" Doctoral thesis, Luiss Guido Carli, 2014. http://hdl.handle.net/11385/200945.

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The quantification of damages for a breach of Article 101 or 102 TFEU is complex, demanding and time consuming. Over the last few years, it has become one of the main issues in policy discussions within the European Union (EU). In particular, the European Commission (EC) investigated and revealed that the procedure for the quantification of damages caused by a breach of EU antitrust laws not only requires expert economic and econometric skills, but varies from Member State to Member State. As a consequence of this disparity, the EC issued new guidelines to render uniform the procedure for the quantification of damages caused by antitrust breaches across Member States and adopted new regulations to encourage private actions for damages. The latter aim at encouraging the use of alternative dispute resolution (ADR) methods, most notably arbitration, to resolve antitrust disputes as they provide a more expedient process and a fairer solution than a national court judgment. Furthermore, arbitration may be compared to a noncooperative or Bayesian game. Indeed, an antitrust dispute is characterised by asymmetric information. Hence, the parties thereto act strategically in order to push the arbitrator to issue a settlement in their favour. As a result, both parties are incentivized to make extreme offers, the effect of which is to slow down the arbitration proceedings and lead the arbitrator to reach a settlement which does not correctly quantify the damages suffered. Thus, we require a system that has the double effect of encouraging the parties to avoid adopting extreme positions and converge in their offers. The amended final offer arbitration (AFOA) seems to comply with both these equirements. Nevertheless, the fact that it involves a punishment could prove counter-productive by discouraging the parties from actually selecting arbitration as an ADR method to resolve their disputes. Thus, to be an effective private action for damages caused by an infringement of Article 101 or 102 TFEU, arbitration must be structured in a manner that enables the arbitrator to reach a fair settlement, encourages the parties to converge in their offers and incentivises the parties to actually select such arbitration mechanism to resolve their disputes.

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Книги з теми "First order arbitration (FOA)"

Baybakova, Larisa. In search of a modern concept of US foreign policy of the late XIX-early XX century. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1071748.

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The monograph of the Russian American historian is devoted to a number of conceptual problems of US foreign policy in the period of early globalization (late XIX-early XX century). The significance of the socio-economic factor is reinterpreted from the standpoint of modern theory and methodology; the role of the ideology used by the political elite to justify American expansion is traced. New interpretations of the causes and consequences of the Spanish-American war of 1898 are given: for the first time, the place of the "yellow" press in inciting anti-Spanish sentiment among ordinary Americans is shown in detail as one of the first manifestations of successful manipulation of public opinion; the level of combat capability of the American army, which achieved victory over a weaker enemy, but was unprepared to conduct an armed struggle for achieving geopolitical interests with leading European powers, is critically assessed. The archival material, first introduced into scientific circulation, traces the mediation activities of President Roosevelt As the first successful experience in the peaceful settlement of regional conflicts, and also shows the search by top officials for a new world order under the auspices of the United States, with an emphasis on the use of the principles of international arbitration. It is addressed to researchers, teachers, and students interested in the history of the United States.

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Jeffery, Commission, and Moloo Rahim. 2 The First Procedural Order. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.003.0002.

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Анотація:

This chapter considers the supplementary procedural rules that are typically decided at the outset of an investment arbitration and the process through which those rules come to be. It begins by discussing the procedural issues that parties and arbitral tribunals often see fit to address at the outset, including the procedural timetable, bifurcation, seat (if applicable), location, fees and costs, language, pleadings, discovery, witnesses, expert witnesses, amicus curiae, and confidentiality/transparency. The chapter also examines the process for deciding these procedural issues, noting that the procedure is most often a hybrid of communicating to the tribunal issues agreed by the parties and debating before the tribunal controverted procedural issues, which the tribunal then resolves. The First Procedural Order is the result of the First Procedural Conference.

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Jeffery, Commission, and Moloo Rahim. Procedural Issues in International Investment Arbitration. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198729037.001.0001.

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Procedural issues are an area of increasing complexity and concern in modern investment arbitration, and one in which very little guidance currently exists. There are a number of important points of departure from the procedural rules commonly adopted in the context of international-commercial arbitration. This book is the first of its kind to address this gap, examining the most prevalent and controversial procedural issues that arise in investment arbitration proceedings conducted under the International Centre for Settlement of Investment Disputes (ICSID), UNCITRAL, and other arbitral rules. The book takes the reader through an investment arbitration in chronological order, identifying each key procedural issue in turn and providing details of the relevant precedents. It charts the process of an arbitration from applicable law and first sessions right through to cost submissions and statements of costs and post-award remedies. Fully cross-referenced and tabled, the book is an invaluable and practical guide to issues of increasing importance and relevance in ICSID and other arbitrations today.

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Markus S, Rieder, and Kreindler Richard. 2 The Arbitration Agreement. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199676811.003.0002.

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This chapter explores the arbitration agreement from a variety of perspectives, first looking at the required content and the validity of an arbitration agreement. As an agreement, it is subject to grounds before invalidity and, once found valid, subject to interpretation. In order to qualify as an arbitration agreement, it must relate to a dispute within a defined legal relationship and must provide for arbitration for binding conflict resolution. The chapter then outlines the scope, effects, and issues of the termination of an arbitration agreement. Under German practice, the personal scope of the arbitration agreement extends to its parties, and in certain limited circumstances, it may also extend to third parties. The chapter concludes with typical additional contents of arbitration agreements, in particular with regard to the place of arbitration, the language of the proceedings, the selection of the applicable substantive law, and the selection ad hoc or institutional arbitration.

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Lord, Hacking, and Berry Sophia. Part IV Arbitral Procedure and Procedural Misdemeanour, 13 Ethics in Arbitration: Party and Arbitral Misconduct. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0014.

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The problem of party misconduct in international arbitration is on the rise, as evidenced by the level of attention this issue has attracted from practitioners and institutions, as well as scholars, at recent conferences, and in articles, books, and blog posts. This chapter first explores the forms of party misconduct and the steps arbitral institutions and practitioners need to take in order to curb misconduct. Party misconduct can include: attempts to stop hearings progressing; abuse of the document disclosure process; discourteous behaviour; acts to surprise the opposition; applications for anti-arbitration injunctions and other approaches to national courts; issues of ex parte communications; and witness tampering. The remainder of the chapter considers the means by which arbitrator misconduct should be tackled.

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Tubau, Xavier. Humanism, the Bible, and Erasmus’s Moral World Order. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199670055.003.0005.

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This chapter sets Erasmus’s ideas on morality and the responsibility of rulers with regard to war in their historical context, showing their coherence and consistency with the rest of his philosophy. First, there is an analysis of Erasmus’s criticisms of the moral and legal justifications of war at the time, which were based on the just war theory elaborated by canon lawyers. This is followed by an examination of his ideas about the moral order in which the ruler should be educated and political power be exercised, with the role of arbitration as the way to resolve conflicts between rulers. As these two closely related questions are developed, the chapter shows that the moral formation of rulers, grounded in Christ’s message and the virtue politics of fifteenth-century Italian humanism, is the keystone of the moral world order that Erasmus proposes for his contemporaries.

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John L, Gardiner, Kuck Lea Haber, and Bédard Julie. 9 Discovery. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.003.0010.

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This chapter considers the laws and practices pertaining to discovery. Discovery refers both to the process whereby the parties exchange information among themselves and also seek information from third parties in order to assess the merits of their respective cases, prepare for an evidentiary hearing on the merits of their dispute, and make necessary submissions to the arbitration tribunal. When the arbitration is venued in New York, the first issue for consideration is what the arbitration agreement itself provides, if anything, about the scope of permissible discovery. This is because both federal and New York law place party autonomy at the top of the pyramid of considerations when looking at the applicable procedure for an arbitration, including discovery issues. Arbitration rules and statutory provisions also are relevant.

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Julien, Fouret. Part VI The Post-Award Phase, 30 A Practical Guide: Research Tools in International Investment Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0030.

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This chapter aims to help the new investment arbitration practitioner identify and find the main legal sources for dealing with international investment law issues. Three different topics need to be addressed in order to cover, as extensively as possible, the legal issues generally raised during an arbitration based on an international investment agreement. First, even though the stare decisis rule does not exist in international arbitration, including investment arbitration, previous rulings are often used and analyzed by arbitrators. Second, when dealing with investment arbitration, it is likely that the claim will be treaty based. Finally, and most importantly, in international investment disputes, arbitral tribunals rely on all the sources of public international law identified in Article 38(1) of the Statute of the International Court of Justice, which provides for the Court to apply.

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Ian, Gaunt. Part III Where to Arbitrate? Distinctive Features of Maritime Arbitral Seats, 9 Maritime Arbitration in London: Publication of Awards, Appeals, and the Development of English Commercial Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198757948.003.0009.

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This chapter examines what makes London so popular as a maritime arbitration centre. Chief among the reasons is the availability of a pool of arbitrators with a breadth of professional knowledge and experience, including not just lawyers but commercial men and women. It also discusses the perceived effect of the use of arbitration on the development of English law. On the one hand, the number of appeals going to the courts is such as to ensure that new precedents are produced in order to lend vibrancy to the law. On the other hand, some first instance decisions have shown a tendency on the part of judges to decide cases without sufficient sensitivity to commercial practice, leading to precedents that are hard for arbitrators to apply. The chapter also considers the major challenges faced by the London Maritime Arbitrators Association in maintaining London as the foremost centre for the resolution of shipping disputes.

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Hilary, Heilbron. Part IV Arbitral Procedure and Procedural Misdemeanour, 11 Is International Arbitration Becoming Too Confrontational and Counter-Intuitive? And Some Guidelines as to How Not to Irritate a Tribunal! Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198783206.003.0012.

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International arbitration is becoming increasingly fractious, ill-tempered, and combative, as each side deploys tactics to argue its case. All too frequently, lawyers lose sight of the fact that it is the tribunal whom they need to win over to their cause. Aggravating a tribunal, whether by aggressive and combative advocacy or by an ill-presented case, is counter-productive. This chapter addresses the causes of this growing tendency and how to deal with it from the perspective of both oral and written advocacy and presentation. It suggests that the real problem is a developing culture of using the arena of arbitration as a stage to play out the parties’ anger against each other, using their lawyers as the means to do so. As a response, tribunals, in the first procedural order for the hearing, or appended to it, need to lay down some basic rules.

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Частини книг з теми "First order arbitration (FOA)"

Chiku, Kazuaki, Hideki Sugiura, Takaaki Uno, and Toshiji Hirotani. "Development of First Order Analysis for Torsion Beam Suspension (FOA/TB) Corresponding to Modular Design." In Lecture Notes in Electrical Engineering, 561–69. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-33835-9_51.

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Magraw, Kendra. "Trends and ISDS Backlash Related to Non-Disputing Treaty Party Submissions." In Public Actors in International Investment Law, 79–96. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-58916-5_5.

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AbstractSome international investment agreements (IIAs) allow states that are parties to a treaty, but are not party to a specific dispute under that treaty, to intervene on a limited basis in order to make submissions on matters of treaty interpretation. Such mechanisms have proved to be highly valued by treaty parties, as evident by the many recently-concluded IIAs containing increasingly sophisticated non-disputing treaty party (NDTP) provisions. This chapter: (1) provides the background on NDTPs mechanisms, with a focus on the North American Free Trade Agreement (NAFTA) (the first-known IIA to contain such a provision); (2) examines the possible connection between tribunals failing to give due regard to treaty parties’ interpretive positions (again focusing on NAFTA) and the current backlash against investor-state dispute settlement (ISDS); and (3) analyses trends in recently-concluded IIAs. It is argued that the apparent lack of deference given by tribunals to NDTP submissions may be contributing to the current backlash against ISDS, based on two discernible trends: (1) an increase in the number of IIAs containing NDTPs provisions; and (2) provisions that now state that not only are treaty interpretations made by treaty parties binding on tribunals (such provisions also have their genesis in NAFTA), but that, in addition, tribunals’ decisions must be consistent with such agreed interpretations (the latter an innovation of a NAFTA party in 2003). Such trends are also visible at the institutional and multilateral levels, such as the revision of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID) and the Mauritius Convention on Transparency in ISDS of the United Nations Commission on International Trade Law (UNCITRAL), and show no sign of slowing down.

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Peter, Sester, and Azevedo Luis André. "Part 2 Specific Issues of Arbitration in Brazil, 14 Stock Corporation Arbitration." In International Arbitration: Law and Practice in Brazil. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198840114.003.0014.

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This chapter assesses stock corporate arbitration. Corporate arbitration has distinct features compared to other segments of Commercial Arbitration. This is particularly true if listed corporations provide mandatory shareholder arbitration in their bylaws. In order to serve as an effective dispute resolution mechanism, one capable of providing consistent decisions and legal certainty, corporate arbitration needs to fulfil two conditions: first, to produce, at least in some cases, an award with erga omnes or extra partes effect; and second, to exclude conflicting awards on identical disputes referring to the same company and identical facts. Developing an effective framework for stock corporation arbitration is one of the biggest challenges for Commercial Arbitration in Brazil today. According to the listing rules of Brazil's sole equity exchange (B3), corporations listed in the market segments Novo Mercado or Level II must adopt arbitration clauses in their corporate bylaws. Hence, over 150 Brazilian stock corporations impose mandatory shareholder arbitration on their shareholders. The Brazilian Corporation Law (BCL) explicitly permits these arbitration clauses. The chapter then explains why the core principles of Commercial Arbitration do not straightforwardly justify the erga omnes effect of arbitral awards, and discusses several proposals aiming to create collective shareholder arbitration in Brazil.

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Silberman, Linda. "Discovery, Arbitration, and 28 USC §1782." In Essays in International Litigation for Lord Collins, 293–316. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192867988.003.0014.

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Abstract This chapter assesses whether 28 USC § 1782, which provides for US judicial assistance to obtain evidence for use in foreign or international proceedings, extends to investor-state and/or private commercial arbitral tribunals. The first (and only) Supreme Court interpretation of § 1782 came in 2004 in Intel Corp v Advanced Micro Devices, Inc. Intel involved an application by AMD, a US company, seeking discovery from Intel, another US company, in connection with a complaint that AMD had filed against Intel in the European Commission, alleging a violation of European competition law. An initial question before the district court was whether the Directorate General for Competition that was undertaking the initial investigation was a ‘tribunal’ at all so as to fall within § 1782. A second question was whether a ‘foreign-discoverability or admissibility’ rule should be imposed as a prerequisite to issuing an order to obtain information. In the aftermath of the Supreme Court’s decision in Intel, numerous commentators read the Court’s opinion to suggest that private arbitral tribunals are indeed within the scope of § 1782. The chapter then draws some comparisons with practice in the United Kingdom, looking at § 7 of the Federal Arbitration Act and the 1996 English Arbitration Act.

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Ahmed, El Far. "1 Abuse of Rights in National Legal Systems and International Law." In Abuse of Rights in International Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198850380.003.0002.

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This chapter discusses the principle of abuse of rights and its application in national legal systems and in international law. To determine if abuse of rights constitutes a general principle of law, its recognition must first be examined in the different legal systems in order to establish its generality and then subsequently one must distil the concept to its essential elements. This is necessary to determine if there is a need to modify its conditions of application in order to make it suitable for the particularities of international arbitration. The chapter then looks at the application of the principle in civil legal systems: mainly in French law, German law, Swiss law, Louisiana Law, and Egyptian law. It also considers the recognition, or lack thereof, of abuse of rights in the common law legal systems and in international law. The omnipresence of the principle of abuse of rights in civil legal systems is evident. However, the ubiquity of the principle does not necessarily reflect a uniform legal basis of the principle’s existence, or a uniform method of how it is utilized to prevent an abuse of right.

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Martin F, Gusy, Hosking James M, and Schwarz Franz T. "Part III Arbitral Rules, 18 The International Centre for Dispute Resolution (ICDR) Rules." In Practitioner's Handbook on International Commercial Arbitration. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198784807.003.0018.

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This chapter discusses the international arbitration rules of the International Centre for Dispute Resolution (‘ICDR’), the international arm of the American Arbitration Association (‘AAA’). It first provides a background on the AAA and the ICDR before analysing the ICDR’s International Dispute Resolution Procedures and the significant revisions to the ICDR Rules. It then offers a commentary on some key Articles of the ICDR Rules and explains how the ICDR Rules differ from those of other arbitral institutions. The comments particularly highlight the 2014 amendments and cover topics such as the scope of the ICDR Rules; joinder and consolidation; appointment of the arbitral tribunal; arbitral jurisdiction; arbitral awards, orders, decisions and rulings; and costs of arbitration. The chapter concludes with an overview of other important AAA/ICDR innovations, rules and practices, including those with regard to international expedited procedures, administrative conferences, appointment and qualifications of the arbitrator, and the arbitral award.

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Zhang, Luping. "The Procedure of Dispute Resolution in International Civil Aviation." In The Resolution of Inter-State Disputes in Civil Aviation, 30–80. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192849274.003.0003.

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This chapter explores the evolution of dispute settlement clauses in both multilateral air law treaties and bilateral air services agreements (ASA)s. In order to achieve such a goal, this chapter sets out the frameworks of dispute resolution mechanisms in international civil aviation under both multilateral and bilateral agreements. Section B will focus on multilateral air law treaties. It first examines the dispute settlement mechanisms for sanctions that are provided under the Chicago Convention before turning to other major multilateral air law treaties. It then focuses on the dispute settlement clauses found in other multilateral air law treaties, divided into two categories: conventions dealing with aviation security and conventions dealing with civil liability. Besides multilateral air law treaties, Section C will concentrate on bilateralism in air services. It first introduces bilateralism in air services and then offers an overview of the Bermuda I Agreement, the Bermuda II Agreement, and the Open Skies Agreement. An updated typological study of dispute resolution clauses in bilateral ASAs has manifested the preferences of State parties in the text of bilateral treaties and how these preferences evolve throughout time. On the basis of the data, Section D will identify three main models of dispute resolution clauses found in ASAs: the Arbitration Model, the Diplomatic Channel Model, and the ICAO Model. The empirical output from Chapter 2 will serve as the first cornerstone for proposals in Chapter 5.

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Prusinowska, Monika. "Analysing Appointments in International Arbitration." In Identity and Diversity on the International Bench, 142–63. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198870753.003.0008.

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This chapter first argues that the current pool of international arbitrators is relatively homogenous in terms of adjudicators’ nationality, race/ethnicity, and place of legal training (common or civil law systems). It goes on to discuss why diversity matters in international arbitration and why it is important to promote diversity. Further, the chapter examines the factors that parties and arbitration institutions take into account in the selection process in order to better understand what is expected of a potential appointee. This analysis is informed by the findings of the author’s Survey of Arbitrators concerning appointment incentives. This Survey focused on non-Western arbitrators, and Chinese arbitrators in particular, to explore why they are seldom appointed, despite the substantial involvement of Chinese parties in international arbitral cases. The final section draws on these findings to discuss possible strategies to promote diversity.

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Savaki, Andreas, Jiebo Luo, and Michael Kane. "Bayesian Networks for Image Understanding." In Bayesian Network Technologies, 128–50. IGI Global, 2007. http://dx.doi.org/10.4018/978-1-59904-141-4.ch007.

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Image understanding deals with extracting and interpreting scene content for use in various applications. In this chapter, we illustrate that Bayesian networks are particularly well-suited for image understanding problems, and present case studies in indoor-outdoor scene classification and parts-based object detection. First, improved scene classification is accomplished using both low-level features, such as color and texture, and semantic features, such as the presence of sky and grass. Integration of low-level and semantic features is achieved using a Bayesian network framework. The network structure can be determined by expert opinion or by automated structure learning methods. Second, object detection at multiple views relies on a parts-based approach, where specialized detectors locate object parts and a Bayesian network acts as the arbitrator in order to determine the object presence. In general, Bayesian networks are found to be powerful integrators of different features and help improve the performance of image understanding systems.

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Podany, Amanda H. "A Lawgiver, Land Overseers, and Soldiers." In Weavers, Scribes, and Kings, 267—C11.P68. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190059040.003.0011.

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Abstract Although Hammurabi (1792–1750) is renowned as a lawgiver, he was not the first. Hammurabi’s first years were relatively uneventful; Babylon was not especially powerful. Elam was the great power of the time. Hammurabi began building his empire in response to aggression from Larsa and Elam, eventually expanding south to the Gulf, and north as far as Mari. Two of Hammurabi’s administrators in Larsa are profiled: Sin-idinnam, governor general, and Shamash-hazir, overseer of fields. Both wrote and received letters from Hammurabi, revealing their responsibilities. These included, for Sin-idinnam, collecting taxes and issuing orders to other governors, and, for Shamash-hazir, allocating subsistence fields, determining field ownership, arbitrating land disputes, organizing maintenance of the irrigation system, supervising the shearing of palace sheep, and keeping records. The subsistence land provided to a soldier was his ilkum; in exchange he did military service and corvée labor, and paid taxes. Shepherds who cared for the royal herds also received subsistence land. They had to account for every sheep and goat, and the products from them. Hammurabi’s laws provide insights into daily life of the time, but don’t cover all crimes, and often don’t specify how the death penalty would be carried out. Court cases show that monetary fines were common and death penalties uncommon. Another profile reconstructs the life and responsibilities of an ilkum soldier named Mashum, based on Hammurabi’s laws and Shamash-hazir’s letters. Hammurabi’s laws provide details about many aspects of Old Babylonian life, including the structure of social classes.

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Тези доповідей конференцій з теми "First order arbitration (FOA)"

Nishigaki, Hidekazu, Shinji Nishiwaki, Tatsuyuki Amago, and Noboru Kikuchi. "First Order Analysis for Automotive Body Structure Design." In ASME 2000 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/detc2000/dac-14533.

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Abstract The concept of Computer Aided Engineering (CAE) was first proposed by J. Lemon at SDRC, and has been widely accepted in automotive industries. CAE numerically estimates the performance of automobiles and proposes alternative ideas that lead to the higher performance without building prototypes. However, most automotive designers cannot directly utilize CAE since specific well-trained engineers are required to achieve sophisticated operations. Moreover, CAE requires a huge amount of time and many modelers to construct an analysis model. In this paper, we propose a new concept of CAE, First Order Analysis (FOA), in order to overcome these problems and to quickly obtain optimal designs. The basic ideas include (1) graphic interfaces for automotive designers using Microsoft/Excel (2) use of sophisticated formulations based on the theory of mechanics of material, (3) the topology optimization method. Further, some prototypes of software are presented to confirm the method for FOA presented here.

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Kojima, Yoshio, Hidekazu Nishigaki, Hideki Sugiura, Shinji Nishiwaki, and Noboru Kikuchi. "First Order Analysis for Automotive Designs." In ASME 2001 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/imece2001/dsc-24523.

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Abstract In current automotive development, innovations to reduce development time and to use a virtual prototype have been numerous and progressive. Computer Aided Engineering (CAE) has played an important role in these innovations. CAE numerically estimates the performance of automobiles and proposes alternative ideas that lead to higher performance without building physical prototypes. However, current CAE can not usually be used at the initial design phase due to their difficult, and complex functions and characteristics. In this paper, we propose a new type of CAE, First Order Analysis (FOA). The basic ideas include: (1) graphic interfaces using Microsoft /Excel to achieve a product-oriented analysis, (2) use of mechanics of materials to provide useful information regarding structural mechanisms, and (3) a topology optimization method using function oriented elements. Also, some prototype software is presented to confirm the applicability of method presented here to the automotive designs.

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Takezawa, Akihiro, Shinji Nishiwaki, Kazuhiro Izui, and Masataka Yoshimura. "Structural Topology Optimization Using Function-Oriented Elements Based on the Concept of First Order Analysis." In ASME 2003 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2003. http://dx.doi.org/10.1115/detc2003/dac-48773.

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Computer Aided Engineering (CAE) has been successfully utilized in mechanical industries, but few mechanical design engineers use CAE tools that include structural optimization, since the development of such tools has been based on continuum mechanics that limit the provision of useful design suggestions at the initial design phase. In order to mitigate this problem, a new type of CAE based on classical structural mechanics, First Order Analysis (FOA), has been proposed. This paper presents the outcome of research concerning the development of a structural topology optimization methodology within FOA. This optimization method is constructed based on discrete and function-oriented elements such as beam and panel elements, and sequential convex programming. In addition, examples are provided to show the utility of the methodology presented here for mechanical design engineers.

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Cetin, Onur L., Kazuhiro Saitou, Hidekazu Nishigaki, Shinji Nishiwaki, Tatsuyuki Amago, and Noboru Kikuchi. "Modular Structural Component Design Using the First Order Analysis and Decomposition-Based Assembly Synthesis." In ASME 2001 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2001. http://dx.doi.org/10.1115/imece2001/de-23265.

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Abstract This paper discusses an automated method for designing modular components that can be shared within multiple structural products, such as automotive bodies for sibling vehicles. The method is an extension of the concept of decomposition-based assembly synthesis. A beam-based topology optimization method, originally developed for First Order Analysis (FOA) of the automotive body structures, is utilized in order to obtain the “base” structures subject to decomposition. It is expected that the method will facilitate the early decisions on module geometry in automotive body structures, by enhancing the capability of the FOA system. Several case studies with two-dimensional structures are reported to demonstrate the effectiveness of the proposed method. The results indicate that two structures optimized for a similar, but slightly different boundary loading conditions are successfully decomposed to contain a component that can be shared by the structures. Several Pareto optimal decompositions are presented to illustrate the trade-offs among multiple decomposition criteria, with different weights for each objective function.

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Andrews, Gordon E., Ian D. Andrews, Darren W. Dixon-Hardy, Bernard M. Gibbs, Hu Li, and Stephen Wright. "Airport PM10 Emissions: Development of a First Order Approximation (FOA) Methodology for Aircraft and Airport Particulate Mass Emissions." In ASME Turbo Expo 2010: Power for Land, Sea, and Air. ASMEDC, 2010. http://dx.doi.org/10.1115/gt2010-22437.

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The application the FOA-Leeds method for PM10 estimation at airports was undertaken using a small regional airport as an example. Some further justification of the FOA-Leeds method is also given using the EU PartEmis data together with some industrial gas turbine measurements of particulate mass. The ICAO LTO cycle is appropriate to large airport but not to smaller regional airport as the aircraft movement times are much shorter in smaller airports. Data is presented for observed taxi, take off, climb out and approach times and it is shown that taxi times are much shorter than in the ICAO LTO and take off times are shorter in modern aircraft. This data was applied to the annual operations of a regional airport and every plane using the airport was identified and their engines. The ICAO LTO cycle database was used to determine the EI in each mode and the SN, but the measured LTO times were used to determine the total mass emissions. These were compared with the ICAO LTO cycle times and the estimated PM10 mass emissions were significantly lower. The total aircraft movements for the summer period were analysed and the total PM10 mass emissions were estimated.

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Manuel, Maria, Paula Heliodoro, Rui Dias, and Paulo Alexandre. "THE IMPACT OF COVID-19 ON THE SECURITIES AND EQUITY MARKETS OF PORTUGAL AND EDP: AN ECONOPHYSICS APPROACH." In Sixth International Scientific-Business Conference LIMEN Leadership, Innovation, Management and Economics: Integrated Politics of Research. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/limen.2020.13.

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The Efficient Market Hypothesis (EMH), is one of the most important hypotheses in the financial economy, which argues that yields have no memory (correlation), which implies that agents cannot have abnormal returns in the financial markets, base arbitration operations. This essay intends to investigate the efficiency, in its weak form, in the stock and bond markets of Portugal and EDP, in the period from December 31, 2019, to August 10, 2020. With the purpose of achieving such an analysis, whether: (i) with the evolution of the global pandemic (Covid-19) the Portuguese and EDP stock and bond markets show signs of (in) efficiency? (ii) Does the increased integration between the Portuguese and EDP stock and bond markets result in risk transmission? The model 𝐷𝐹𝐴 shows the existence of long memories in these markets, suggesting that they are not efficient, which validates the first research question. This situation has implications for investors, since some returns can be expected, creating opportunities for arbitrage and abnormal earnings. However, to confirm the inefficiency of these markets, based on our results, we must prove the existence of anomalous returns. In order to answer the second investigation question, we carried out the integration test that shows that these markets are mostly integrated. To validate whether financial integration results in risk transmission between the analyzed markets, we estimate the trendless cross-correlation coefficients (𝜆𝐷𝐶𝐶𝐴), which shows 4 pairs of markets showing risk transmission (4 out of 10 possible). In conclusion, the authors suggest that these results are of interest, among others, to international investors interested in expanding the geographical scope, regarding the implementation of portfolio diversification strategies.

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Andrews, Gordon E., Hu Li, and Stephen Wright. "Particulate Mass Emissions From Aircraft: A First Order Approximation Method Based on Experience From Diesel Particulate Mass Emissions Measurement." In ASME Turbo Expo 2009: Power for Land, Sea, and Air. ASMEDC, 2009. http://dx.doi.org/10.1115/gt2009-59572.

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Estimates of aero engine particulate composition and mass emissions are made over the LTO cycle using the smoke number measurement for carbon, hydrocarbon measurements for unburned fuel, lubricating oil consumption for the particulate lube oil fraction and fuel sulphur level for sulphate and associated water. The method is applied to six aircraft with different engine technologies. Comparison is made with the ICAO FOA method for particle mass and it is argued that the present proposals are an improved approach and are founded in experience in the measurement of diesel particulate mass emissions.

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