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1
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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3
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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5
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.
Повний текст джерелаАнотація:
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.
6
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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7
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.
Повний текст джерелаАнотація:
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.
Повний текст джерелаАнотація:
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.
10
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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Mason, Paul Eric. "New Keys to Arbitration in Latin-America." Journal of International Arbitration 25, Issue 1 (February 1, 2008): 31–69. http://dx.doi.org/10.54648/joia2008002.
Повний текст джерелаАнотація:
It is commonly accepted that, until recently, arbitration in Latin America was frozen in time in the nineteenth century. However, in the 1990s, arbitration developed relatively quickly, tracking the rise of privatization, investment deregulation and globalization in the region. Since then, arbitration has taken on a variety of forms, the most prominent being commercial arbitration involving businesses, investor-state arbitrations, and trading bloc-based arbitration. This article analyzes the first two of these, and is divided into sections, each describing a key development of arbitration in Latin America. The ten key sections are analyzed in the following order: (1) relationship of arbitration to political and economic change in the region; (2) acceptance of arbitration in Latin American state contracts; (3) investment treaty arbitration; (4) growing use and promotion of arbitration by international funding agencies; (5) application of international treaties supporting arbitration; (6) domestic legal support for arbitration in Latin America; (7) development of institutional arbitration versus ad hoc arbitration; (8) industry and activity-specific arbitration; (9) multi-tier dispute resolution mechanisms; (10) the profession in Latin America.
12
Ashraf, Shahzad, Omar Alfandi, Arshad Ahmad, Asad Masood Khattak, Bashir Hayat, Kyong Hoon Kim, and Ayaz Ullah. "Bodacious-Instance Coverage Mechanism for Wireless Sensor Network." Wireless Communications and Mobile Computing 2020 (November 27, 2020): 1–11. http://dx.doi.org/10.1155/2020/8833767.
Повний текст джерелаАнотація:
Due to unavoidable environmental factors, wireless sensor networks are facing numerous tribulations regarding network coverage. These arose due to the uncouth deployment of the sensor nodes in the wireless coverage area that ultimately degrades the performance and confines the coverage range. In order to enhance the network coverage range, an instance (node) redeployment-based Bodacious-instance Coverage Mechanism (BiCM) is proposed. The proposed mechanism creates new instance positions in the coverage area. It operates in two stages; in the first stage, it locates the intended instance position through the Dissimilitude Enhancement Scheme (DES) and moves the instance to a new position, while the second stage is called the depuration, when the moving distance between the initial and intended instance positions is sagaciously reduced. Further, the variations of various parameters of BiCM such as loudness, pulse emission rate, maximum frequency, grid points, and sensing radius have been explored, and the optimized parameters are identified. The performance metric has been meticulously analyzed through simulation results and is compared with the state-of-the-art Fruit Fly Optimization Algorithm (FOA) and, one step above, the tuned BiCM algorithm in terms of mean coverage rate, computation time, and standard deviation. The coverage range curve for various numbers of iterations and sensor nodes is also presented for the tuned Bodacious-instance Coverage Mechanism (tuned BiCM), BiCM, and FOA. The performance metrics generated by the simulation have vouched for the effectiveness of tuned BiCM as it achieved more coverage range than BiCM and FOA.
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de Roa, Felipe Suescun. "Investor-State Arbitration in Sovereign Debt Restructuring: The Role of Holdouts." Journal of International Arbitration 30, Issue 2 (April 1, 2013): 131–54. http://dx.doi.org/10.54648/joia2013010.
Повний текст джерелаАнотація:
Abaclat and others v. Argentina is the first investor-state arbitration case that deals with holdouts. International arbitration, compared to litigation, gives holdouts a more efficient way to enforce a final and binding decision as well as to attach and execute against sovereign assets. However, the jurisdiction of investor-state arbitration tribunals over holdout claims is a complex matter, since the claims have to be treaty claims, and they have to be legal disputes related to an investment. The fact that investor-state arbitration tribunals assess jurisdiction over these kinds of disputes may have a positive impact on the restructuring process and the sovereign debt markets. Nevertheless, holdout arbitration may also disrupt the restructuring process. In order to avoid such a problem, arbitration tribunals should limit the scope of the arbitration remedy.
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Rosenne, Shabtai. "Some Thoughts on International Arbitration Today." Israel Law Review 27, no. 3 (1993): 447–59. http://dx.doi.org/10.1017/s0021223700011377.
Повний текст джерелаАнотація:
The Permanent Court of Arbitration was established by the First Hague Convention of 1899 on the Peaceful Settlement of Disputes, as revised by the First Hague Convention of 1907 on the Peaceful Settlement of Disputes. It is not a court in the accepted sense of the word, but consists of a panel of persons able and willing to assume the duties of arbitrator in international disputes. Israel acceded to the First Hague Convention of 1907 on 17 June 1962. Under the Convention, each State Party is entitled to form a “national group” of arbitrators, not more than four in number, and their names are included in the panel. The Israel national group today consists of the following (in order of appointment): Shabtai Rosenne (1962), Moshe Landau (1968), Meir Shamgar (1989), and Ruth Lapidoth (1989).
15
Younes, Anis, Jabran Zaouali, François Lehmann, and Marwan Fahs. "Sensitivity and identifiability of hydraulic and geophysical parameters from streaming potential signals in unsaturated porous media." Hydrology and Earth System Sciences 22, no. 7 (July 2, 2018): 3561–74. http://dx.doi.org/10.5194/hess-22-3561-2018.
Повний текст джерелаАнотація:
Abstract. Fluid flow in a charged porous medium generates electric potentials called streaming potential (SP). The SP signal is related to both hydraulic and electrical properties of the soil. In this work, global sensitivity analysis (GSA) and parameter estimation procedures are performed to assess the influence of hydraulic and geophysical parameters on the SP signals and to investigate the identifiability of these parameters from SP measurements. Both procedures are applied to a synthetic column experiment involving a falling head infiltration phase followed by a drainage phase. GSA is used through variance-based sensitivity indices, calculated using sparse polynomial chaos expansion (PCE). To allow high PCE orders, we use an efficient sparse PCE algorithm which selects the best sparse PCE from a given data set using the Kashyap information criterion (KIC). Parameter identifiability is performed using two approaches: the Bayesian approach based on the Markov chain Monte Carlo (MCMC) method and the first-order approximation (FOA) approach based on the Levenberg–Marquardt algorithm. The comparison between both approaches allows us to check whether FOA can provide a reliable estimation of parameters and associated uncertainties for the highly nonlinear hydrogeophysical problem investigated. GSA results show that in short time periods, the saturated hydraulic conductivity (Ks) and the voltage coupling coefficient at saturation (Csat) are the most influential parameters, whereas in long time periods, the residual water content (θs), the Mualem–van Genuchten parameter (n) and the Archie saturation exponent (na) become influential, with strong interactions between them. The Mualem–van Genuchten parameter (α) has a very weak influence on the SP signals during the whole experiment. Results of parameter estimation show that although the studied problem is highly nonlinear, when several SP data collected at different altitudes inside the column are used to calibrate the model, all hydraulic (Ks,θs,α,n) and geophysical parameters (na,Csat) can be reasonably estimated from the SP measurements. Further, in this case, the FOA approach provides accurate estimations of both mean parameter values and uncertainty regions. Conversely, when the number of SP measurements used for the calibration is strongly reduced, the FOA approach yields accurate mean parameter values (in agreement with MCMC results) but inaccurate and even unphysical confidence intervals for parameters with large uncertainty regions.
16
van Zelst, Bas. "Class Actions and Arbitration: Alternative Approaches Based on the (Ever Evolving) Dutch Experiences with Collective Redress." Journal of International Arbitration 35, Issue 2 (April 1, 2018): 203–23. http://dx.doi.org/10.54648/joia2018011.
Повний текст джерелаАнотація:
This article first aims to contribute to an understanding of the Dutch regime for collective redress against the background of pending discussions on the possibility, desirability, and practicability of the settlement of mass claims by means of arbitration. Secondly, it assesses to what extent arbitration may play a part in the Dutch context. The article proceeds in two sections. After the introduction, section 2 analyses the Dutch collective redress regime. It is concluded that Dutch law does not allow for class action arbitration. This, however, does not mean that arbitration cannot play a part under Dutch law in the context of collective redress. It is submitted in section 3 that Dutch law provides for two options. First, an arbitral tribunal may be engaged to assess whether a collective claim at law exists. This mechanism allows collective claim vehicles and (purported) wrongdoers to assess their position at law in the realm of a confidential arbitration. In this context arbitrators serve as facilitators to a collective settlement that is subsequently brought before the court in order to be declared binding. Secondly, disputes over rights of individual claimants under a settlement agreement that has been declared binding may be settled in arbitration.
17
Ji, Xiaojin, and Panos D. Prevedouros. "Comparison of Methods for Sensitivity and Uncertainty Analysis of Signalized Intersections Analyzed with the Highway Capacity Manual." Transportation Research Record: Journal of the Transportation Research Board 1920, no. 1 (January 2005): 56–64. http://dx.doi.org/10.1177/0361198105192000107.
Повний текст джерелаАнотація:
Most users of the Highway Capacity Manual (HCM) would prefer to have confidence intervals around the estimate of delay, but no procedure measures the uncertainty in delay and level of service. Four sensitivity analysis methods-partial differential analysis (PDA), partial correlation coefficient analysis, standardized regression coefficient analysis, and the Fourier amplitude sensitivity test (FAST)-and four uncertainty analysis methods-first-order analysis (FOA), Monte Carlo simulation (MCS), FAST, and the point estimate method (PEM)-were investigated. They were applied to data from an actuated signalized intersection. All input variables in the delay model except for the duration of analysis period were considered uncertain, for consistency with HCM. Day-to-day variation was the source of errors. Progression factor, cycle length, green time, and saturation flow are the most sensitive parameters. The incremental delay and upstream metering factors are the least sensitive. Volume and peak hour factor fall in between. The four uncertainty methods produced similar results for the mean, standard deviation, and confidence intervals of control delay for the base case. When the standard deviations of input parameters were doubled, MCS, FAST, and PEM produced similar results. PDA and FOA appear to be less suitable for sensitivity and uncertainty analysis, respectively, of the HCM delay model for signalized intersections.
18
Pugliese, William Soares, and Paulo Nalin. "Tutelas provisórias emitidas pelo Poder Judiciário brasileiro em apoio à arbitragem." Revista Brasileira de Arbitragem 13, Issue 50 (June 1, 2016): 79–91. http://dx.doi.org/10.54648/rba2016019.
Повний текст джерелаАнотація:
Abstract: This article deals with the relationship between the temporary reliefs and arbitration, with special focus on the innovations of the new Code of Civil Procedure and the changes in the Arbitration Act. In order to do so, first, a brief summary of the subject of temporary reliefs by the new Code of Civil Procedure is made, which is applicable to national and eventually international arbitrations. Secondly, the paper examines the recent changes of the Arbitration Law, whose new text establishes two phases, with two competent authorities for the granting of early reliefs: before the arbitration is instituted, the request is addressed to the courts; after the constituted arbitration, the request is directed to the arbitrator. At the end, an examination of the applicability of such devices is carried out and, also, decisions of the Brazilian courts on the subject are analyzed.
19
Alpa, Guido. "Arbitration and ADR Reforms in Italy." European Business Law Review 29, Issue 2 (April 1, 2018): 313–23. http://dx.doi.org/10.54648/eulr2018011.
Повний текст джерелаАнотація:
The administration of Justice in Italy has raised difficult problems, due to the high number of judicial proceedings pending before judges. Usually it takes three years for the first degree, other three years for the appeal, two years for the Cassation. Among other devices, the Minister of Justice has improved any kind of ADR. Arbitration is the most important because is a (private) proceeding equaled to a judicial one (see Order of Cassation, October 25,2013,n. 24153). The Minister has created a Commission for studying and proposing means of expansion of ADR in order to reduce the charge of judges. Mediation, conciliation, settlement agreements (particularly in family matters) are already very frequent, but the situation should be improved. The proposals suggested to the Minister (and to the Parliament) by the Commission concerning arbitration were: introducing arbitration in labor litigation; possibility of immediate appeal before the Court of Cassation on the grounds of invalidity of the award; including into the Code of Civil Procedure the rules concerning arbitration for disputes between shareholders; extending arbitration for settlement of disputes between private subjects and public Administration are only some of the devices for reaching a speed and technically reliable solution of the conflicts.
20
Evseev, Evgenii E. "Borders of states’ jurisdiction in regard to international commercial arbitration." Pravovedenie 63, no. 3 (2019): 440–59. http://dx.doi.org/10.21638/spbu25.2019.306.
Повний текст джерелаАнотація:
The article is devoted to the problem of binding the arbitral proceedings to the place’s legislation where they are held. This binding, which was justified in the doctrine through the postulates of legal positivism in the first quarter of the 20th century and implemented in the first international treaties related to international commercial arbitration, has now lost its practical significance and creates many difficulties for all participants of arbitration. For many decades, there has been a steady trend towards the separation of international commercial arbitration into a special autonomous legal order, which is expressed both in the doctrinal theory of the delocalization of international commercial arbitration and in the legislation of states pursuing a friendly policy. The author considers some of the problems that arise from the existence of binding the arbitral proceedings to the laws of the place where it is held, conducts a historical and legal analysis of the origin and development of this binding, and analyzes the existing concepts about the nature of international commercial arbitration institution where the need of binding the arbitration to a particular state jurisdiction, or the absence of such a need, are substantiated. Basing on a detailed review of the individual components of the dispute procedure in international commercial arbitration, the existing manifestations of its autonomy, as well as the problems of the institutions for contesting, recognizing and enforcing arbitral awards, the author draws conclusions about the possibility of refusing to bind arbitration proceedings to the jurisdiction of the place where it is held, and also suggests possible ways to implement such a refusal.
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Lee, Dong-Wook, Zheng-Dong Ma, and Noboru Kikuchi. "FOA (first-order-analysis) model of an expandable lattice structure for vehicle crash energy absorption of an inflatable morphing body." Structural Engineering and Mechanics 37, no. 6 (March 25, 2011): 617–32. http://dx.doi.org/10.12989/sem.2011.37.6.617.
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Castellane, Beatrice. "The New French Law on International Arbitration." Journal of International Arbitration 28, Issue 4 (August 1, 2011): 371–80. http://dx.doi.org/10.54648/joia2011030.
Повний текст джерелаАнотація:
French international arbitration law achieved a higher pro-arbitration level with the new Decree No. 2011-48 of January 13, 2011. The new provisions come into force after May 1, 2011. This is the first comprehensive reform of French international arbitration law since the adoption of the pre-existing legal framework of 1981. French case law, which provided a well-structured basis for this decree, proposed numerous pragmatic solutions to problems encountered in international arbitration. This new decree codifies previous significant French case law while also providing novelties, innovations such as the possibility for the parties to waive by express agreement the annulment of the award any time they choose; the one-month time period after notification of the award to request annulment; the enforceability of the award notwithstanding an action to set aside or an appeal against an enforcement order.
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Vasiljević, Mirko. "Arbitration agreement and intercompany disputes." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 7–46. http://dx.doi.org/10.51204/anali_pfub_18201a.
Повний текст джерелаАнотація:
The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of „exclusive jurisdiction of commercial courts“ for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.
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Brett, Jack. "EU Law and Procedural Autonomy in International Commercial Arbitration." European Review of Private Law 29, Issue 4 (September 1, 2021): 583–610. http://dx.doi.org/10.54648/erpl2021031.
Повний текст джерелаАнотація:
This article examines the impact of EU law in international commercial arbitration. EU law has become increasingly relevant in the world of commercial arbitration and while this may not at first seem to be a problem, this article argues that EU law has a distinctive nature which makes it fundamentally incompatible with the arbitral legal order. In effect, the EU legal order has developed on the basis of a direct trilateral relationship between disputes involving EU law, national courts and the European Court. When we are concerned with ordinary judicial proceedings, this relationship is classically supported by the ‘principle of effectiveness’ identified in the case-law of the European Court, which requires national procedures to enable individuals to bring claims based on EU law. Crucially, however, the procedural demands that could be made by the EU legal order are limited by the twin ‘principle of national procedural autonomy’, meaning the Court refrains from directly prescribing modalities for access to national courts and leaves discretion for States to set procedures. Contrasting with this analytical framework, it is here argued that once claims based on EU law fall within the sphere of arbitration, the principle of national procedural autonomy is inoperative and the EU legal order can dictate the terms of review. It is submitted that the effectiveness of EU law is assured not by the standard principle of effectiveness but by the principle of effective judicial protection, thus securing the procedural primacy of EU law in the arbitral legal order.
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Michalska-Guzik, Magdalena. "Human Rights and Investment Arbitration – Fields of Interaction." Przegląd Prawno-Ekonomiczny, no. 3 (July 27, 2022): 61–76. http://dx.doi.org/10.31743/ppe.13411.
Повний текст джерелаАнотація:
The main scientific purpose of this article is to identify and analyse legal issues that arise between human rights and investment arbitration. At first glance, these two branches of public international law remain completely unrelated and do not have any significant features in common. However, it appears that despite this distinction, there is an interaction between investment arbitration and human rights, which implies a number of significant legal problems. These problems can possibly include the violation of human rights of citizens of the state hosting an investment by a foreign investor. On the other hand, a state can be unable to fulfil its legal obligations regarding human rights due to the necessity to protect foreign investment as agreed in investment treaties or, to the contrary, it may violate its contractual obligations towards an investor and afterwards defend itself throughout arbitration proceedings by stating that this violation has been necessary in order to protect human rights. It turns out that all parties to the dispute, both investors and host States – occasionally turn to human rights in order to reinforce their respective positions. The interaction between human rights and investment arbitration is of a very complex nature and although it is more and more often emphasized that it may occur, the situations in which this occurrence is likely to happen are not entirely clear yet. The author, after presenting some general remarks on the interaction between human rights and investment arbitration, discusses the most common scenarios in which human rights issues may appear in the course of investment arbitration proceedings. Finally, she concludes that there do exist some fields of interaction between human rights and investment arbitration as well as situations in which the conflict between them may appear. Identifying these conflicts would help to understand the complex relationship between the two legal regimes in question. It will also lay the foundation for further research on how to ensure the ultimate scope of human rights protection throughout the different stages of investment arbitration proceedings.
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Arnt Nielsen, Peter. "Current Developments." Nordic Journal of International Law 81, no. 4 (2012): 585–603. http://dx.doi.org/10.1163/15718107-08104007.
Повний текст джерелаАнотація:
The most important elements of the Commission’s Proposal of 14 December 2010 for a new Brussels I Regulation presently under negotiation are discussed. The negotiations are likely to end during the second half of 2012. The Commission focuses on four subjects. First, the Commission proposes that Brussels I should also apply to cases where the defendant is domiciled outside Europe. Second, it proposes to abolish exequatur. Third, the Commission proposes to make jurisdiction agreements more efficient in order to avoid ‘Italian Torpedoes’, and fourthly, it also proposes provisions enhancing the efficiency of arbitration agreements where a party is trying to avoid arbitration.
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NISHIGAKI, Hidekazu, Shinji NISHIWAKI, Tatsuyuki AMAGO, Yoshio KOJIMA, and Noboru KIKUCHI. "3106 Fundamental Study of Integration of FOA System and CAE." Proceedings of Design & Systems Conference 2001.11 (2001): 276–78. http://dx.doi.org/10.1299/jsmedsd.2001.11.276.
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Huang, Tsui-Hua, Yungho Leu, and Wen-Tsao Pan. "Constructing ZSCORE-based financial crisis warning models using fruit fly optimization algorithm and general regression neural network." Kybernetes 45, no. 4 (April 4, 2016): 650–65. http://dx.doi.org/10.1108/k-08-2015-0208.
Повний текст джерелаАнотація:
Purpose – In order to avoid enterprise crisis and cause the domino effect, which influences the investment return of investors, the national economy, and financial crisis, establishing a complete set of feasible financial early warning model can help to prevent the possibility of enterprise crisis in advance, and thus, reduce the influence on society and the economy. The purpose of this paper is to develop an efficient financial crisis warning model. Design/methodology/approach – First, the fruit fly optimization algorithm (FOA) is used to adjust the coefficients of the parameters in the ZSCORE model (we call it the FOA_ZSCORE model), and the difference between the forecasted value and the real target value is calculated. Afterward, the generalized regressive neural network (GRNN model), with optimized spread by FOA (we call it FOA_GRNN model), is used to forecast the difference to promote the forecasting accuracy. Various models, including ZSCORE, FOA_ZSCORE, FOA_ZSCORE+GRNN, and FOA_ZSCORE+FOA_GRNN, are trained and tested. Finally, different models are compared based on their prediction accuracies and ROC curves. Furthermore, more appropriate parameters, which are different from the parameters in the original ZSCORE model, are selected by using the multivariate adaptive regression splines (MARS) method. Findings – The hybrid model of the FOA_ZSCORE together with the FOA_GRNN offers the highest prediction accuracy, compared to other models; the MARS can be used to select more appropriate parameters to further improve the performance of the prediction models. Originality/value – This paper proposes a hybrid model, FOA_ZSCORE+FOA_GRNN which offers better performance than the original ZSCORE model.
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YAMAZAKI, Koetsu, Kazuhiko HIROOKA, Kosuke ODA, and ShawkutAli Khan MD. "920 Development of Simplified Deformation Analysis Method for 3D-First Order Analysis." Proceedings of Conference of Hokuriku-Shinetsu Branch 2006.43 (2006): 329–30. http://dx.doi.org/10.1299/jsmehs.2006.43.329.
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Ageev, A. M., V. N. Bukov, and V. A. Shurman. "Algorithms for Managing the Redundancy of Onboard Equipment Complexes of Mobile Objects. Part 2. Paired Arbitration of Computers." Mekhatronika, Avtomatizatsiya, Upravlenie 23, no. 6 (June 3, 2022): 327–36. http://dx.doi.org/10.17587/mau.23.327-336.
Повний текст джерелаАнотація:
The article solves the problem of operative selection of the redundant onboard equipment complex components configuration of the suitable in the current operating conditionаs in the interests of ensuring high fault tolerance of the complex, as well as achieving other operational and technical characteristics. The basis of the redundancy management system of the complex consists of configuration supervisors — as program subjects according to the number of its competitive configurations of heterogeneous and nonuniform equipment worked out in advance. The choice of the preferred configuration is proposed to be carried out by performing multi-level arbitration, which includes two phases of paired arbitration of computers and paired arbitration of configuration. It is proposed to include the means of both types of arbitration in each configuration supervisor, which ensures its self-sufficiency when participating in a competitive selection. The second part of the article is devoted to the computer’s arbitration for the implementation of redundancy management functions. The approach is applicable to a computing environment with many comparable computing devices and contains 2 phases. In the first phase, a preliminary selection of a competing pair of computers — as applicants for the implementation of redundancy management functions in them is carried out. In the break between the phases, the pair computers implement the procedures for pair arbitration of configurations given in the first part of the article. In the second phase, the final choice of the α-computer is made, in which the supervisor who won the arbitration will be implemented. In order to achieve the maximum possible centralization of selection procedures and, as a consequence, the exclusion of "bottlenecks" in terms of reliability of places, additionally proposed: the organization of secure data exchange between computers based on distributed registry technology; the procedure of paired arbitration of computers, consisting in mutual cross-validation of dominant supervisors of a pre-allocated pair by comparing preference matrices, including information parcels of arbitration objects. A methodological example that demonstrates the features of the system functioning in the conditions of computers degradation is given. The proposed approach can be used to solve the problems of reconfiguration control of heterogeneous computing facilities of technical objects on-board equipment complexes.
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TSURUMI, Yasuaki, Masao ARAKAWA, Tatsuyuki AMAGO, and Toshiaki NAKAGAWA. "An Optimal Design of Joint Stiffness on First Order Analysis (FOA) : A Trial of Optimization Method Based on Radial Basic Function Network." Proceedings of Design & Systems Conference 2004.14 (2004): 348–50. http://dx.doi.org/10.1299/jsmedsd.2004.14.348.
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YAMAZAKI, Koetsu, Chie MIYAKAWA, and Satoshi KITAYAMA. "3111 Examination on Analytical Precision of Simplified Deformation Analysis for 3D-First Order Analysis." Proceedings of Design & Systems Conference 2008.18 (2008): 415–18. http://dx.doi.org/10.1299/jsmedsd.2008.18.415.
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Adamus, Rafał. "Arbitration clause for an arbitral tribunal in Poland based on Art. 33 CMR Convention." Opolskie Studia Administracyjno-Prawne 17, no. 4 (January 27, 2020): 9–21. http://dx.doi.org/10.25167/osap.1882.
Повний текст джерелаАнотація:
In matters that are subject to the CMR Convention, under the rule of Art. 33 of this Convention, the arbitration court is obliged, first, to apply the CMR Convention and it is not permissible to apply, in place of the scope of the CMR Convention, another legal order or extra-legal principles. Secondly, as far as it results from the CMR Convention, the arbitration court should apply the applicable national law. Thirdly, the arbitration court settles the dispute according to the law applicable to a given relationship, and when the parties have expressly authorized it – in compliance with general principles of law or principles of equity. Fourthly, the arbitral tribunal takes into consideration the provisions of the contract and the established habits applicable to the given legal relationship. The arbitration agreement regarding the dispute subject to the CMR Convention will therefore be of a complex nature due to the requirement of Art. 33 of the CMR Convention as to the indication that a uniform law applies in arbitration proceedings – the subject of inter-city agreement. The parties should indicate the following in the content of the arbitration clause: 1) obligatory CMR convention, as required by Art. 33 CMR Convention 2) optional national law to which the CMR Convention refers, and in the absence of such an indication, the arbitration court will apply the law applicable to a given legal relationship, and possibly another national law to which the CMR Convention does not refer, although such a solution would be a source of many complications or general legal principles or rules of equity. For practical reasons, it is worth taking into account other issues, such as the language of the proceedings, in the arbitration clause.
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Kumar, Manasi. "The ‘Composite Transaction’ and Extension of Arbitration Agreements in India." Journal of International Arbitration 37, Issue 3 (June 1, 2020): 363–90. http://dx.doi.org/10.54648/joia2020017.
Повний текст джерелаАнотація:
In 2013, the Indian Supreme Court penned an innovative judgment in Chloro Controls v. Severn Trent Water Purification, where it appeared to fashion a new basis for extending arbitration agreements to non-signatories – a ‘composite transaction’ doctrine. This article argues that the ‘composite transaction’ is in fact a two-tiered analysis. The first part addresses whether the arbitration agreement may be extended to a non-signatory that is an affiliate company of one of the signatories, using the somewhat controversial ‘group of companies’ doctrine. Meanwhile, the second part addresses whether the arbitration agreement that is invoked may be extended to disputes arising within a group of contracts. This article demonstrates that while the Indian Supreme Court is developing a consent-based ‘group of companies’ doctrine, its ‘group of contracts’ jurisprudence is losing sight of parties’ intent due to a misreading of the ‘composite transaction’ test. This article concludes that in order to develop a modern and versatile, consentbased analysis into extension of arbitration agreements, the Indian Supreme Court must recast the ‘composite transaction’ test as the two-tiered analysis it represents. Portfolio Investment, ICSID Convention, Article 25, Jurisdiction, Economic Development
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Juramirzaev, Zarif. "LEGAL ISSUES CONCERNING THE APPLICATION OF THE LEX MERCATORIA IN INTERNATIONAL COMMERCIAL ARBITRATION." American Journal of Political Science Law and Criminology 04, no. 04 (April 1, 2022): 11–17. http://dx.doi.org/10.37547/tajpslc/volume04issue04-03.
Повний текст джерелаАнотація:
This particular paper attempts to outline the specific problems in the application of lex mercatoria in international commercial arbitration and suggests the way how the legislation of Uzbekistan should navigate in the existence of those problems in order to ensure its attractiveness as the seat of arbitration. The structure of the article is as follows. It first describes the historical evolution of the lex mercatoria until it finds its place in international commercial arbitration and later is mentioned in a number of international instruments, and more importantly, is implemented in the national laws consequently. The article then addresses modern sources of the lex mercatoria and specifically mentions the elements of lex mercatoria in the legislation of Uzbekistan. The paper also addresses the consequences such as setting aside the awards which were issued applying lex mercatoria. The paper concludes with the proposals of the author concerning the adaptation of Uzbekistan to the above-mentioned problems in the application of lex mercatoria.
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Wei, Amy Wen, Milo Molfa, Adam Grant, and Paul Kleist. "Challenges in the Taking of Evidence in Arbitrations Seated in Mainland China." Journal of International Arbitration 36, Issue 3 (June 1, 2019): 315–36. http://dx.doi.org/10.54648/joia2019015.
Повний текст джерелаАнотація:
Arbitration is often hampered by obstacles to the taking of evidence, either because one party fails to produce relevant documents when requested or the documents are held by a third party outside the tribunal’s powers. Parties engaged in arbitration seated in Mainland China are constrained by the Chinese state court’s limited powers to assist in evidence taking. This article considers the wider scope of options for the taking of evidence in arbitrations seated in Mainland China. The first port of call may be to seek an order from the arbitral tribunal to impose sanctions within the arbitration, such as adverse inferences or adverse cost orders. If the arbitral tribunal cannot compel the recalcitrant party or a third party to produce documents or other evidence, the party may seek assistance from the court at the arbitral seat or a foreign court connected to the arbitration. This article compares the options for state court assistance in evidence taking available in the state courts of Mainland China, England and Wales, Hong Kong, and the United States. Practitioners should be aware that the powers of state courts to assist in evidence taking in international arbitration varies widely between these jurisdictions, from allowing only orders for preservation of key evidence in Mainland China to wide-ranging discovery from third parties by way of Section 1782 applications in the Unitead States.
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Sombra, Thiago Luís. "Mitos, crenças e a mudança de paradigma da arbitragem com a administração pública." Revista Brasileira de Arbitragem 14, Issue 54 (August 1, 2017): 54–72. http://dx.doi.org/10.54648/rba2017021.
Повний текст джерелаАнотація:
One year after the reform of Arbitration’s Law came into force, the moment requires an overcoming of the narrow focus about the unavailability of the public interest in order to let another issues flourish. Considering the enhancing of regulation over important sectors of economy to which arbitration has been linked as an ADR tool (ports, energy, PPPs, public procurement), the next step involves the harmonization of legal regimes aiming to endeavor arbitrations with public administration. This article analyzes the overcoming of the first obstacles’ phase and beliefs raised against the arbitration with public administration. In the first part some questions are addressed and few myths are pointed out. Next, the article presents some tools employed to overcome dogmatic premises. Further, it concludes with factual and practical aspects of arbitrations governed by the reform of Arbitration’s Law.
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Chen, Meng, and Chengzhi Wang. "Vanishing Set-Aside Authority in International Commercial Arbitration." International and Comparative Law Review 18, no. 1 (June 1, 2018): 127–54. http://dx.doi.org/10.2478/iclr-2018-0029.
Повний текст джерелаАнотація:
Summary Traditional set-aside theory is subject to considerable challenges as a result of an uncompromising trend towards autonomy and internationalism in international arbitration. The silence and ambiguity of international law regarding enforcement of set-aside arbitral awards allow some states to abandon their own set-aside authority or ignore set-aside decisions made by competent courts. This article presents a range of evidence that demonstrates the enforcement of set-aside arbitral awards has become a common phenomenon. This article first introduces robust academic debates regarding set-aside authority. Then this article exposes omission and ambiguity in the legal source, which leads to confusion in enforcement proceedings of set-aside arbitral awards. This article describes and analyses selected cases and practical data in order to summarize the approaches taken by national courts when reviewing foreign set-aside decisions. Finally, this article briefly evaluates the most promising solutions to the contradictory enforcement proceedings of set-aside arbitral awards.
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TSURUMI, Yasuaki, Masao ARAKAWA, Tatsuyuki AMAGO, and Toshiaki NAKAGAWA. "3110 An Optimal Design of Joint Stiffness on First Order Analysis (FOA) : A Modification of Optimization Method Based on Radial Basic Function Network." Proceedings of Design & Systems Conference 2005.15 (2005): 451–53. http://dx.doi.org/10.1299/jsmedsd.2005.15.451.
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Demirkol, Berk. "ORDERING CESSATION OF COURT PROCEEDINGS TO PROTECT THE INTEGRITY OF ARBITRATION AGREEMENTS UNDER THE BRUSSELS I REGIME." International and Comparative Law Quarterly 65, no. 2 (March 4, 2016): 379–404. http://dx.doi.org/10.1017/s0020589316000087.
Повний текст джерелаАнотація:
AbstractThe CJEU judgment in West Tankers created much controversy on the question of whether issuing an anti-suit injunction in order to protect the integrity of arbitration agreements should fall within the scope of the arbitration exclusion in Article 1 of the Brussels I Regulation (2001). The negative answer of the Court has been since challenged many times by academics and practitioners and new approaches were proposed during the drafting of the Brussels I Recast. Although the Court had not since considered whether the Recast modified the legal regime, in Gazprom the Advocate General gave his opinion on the basis that it had. The Court in Gazprom, however, saw the enforcement of an arbitral award ordering cessation of court proceedings to be a distinct issue which is not covered by the Brussels I Regulation. This article discusses first the applicability of the Brussels I Regulation to the enforcement of arbitral awards ordering anti-suit injunction as a final relief. Secondly, it examines anti-suit injunctions issued by Member State courts in the post-Recast era. It aims to reveal the extent to which an order for cessation of court proceedings (or an anti-suit injunction) to protect the integrity of arbitration agreements is permissible under existing law.
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Astakhova, Daria O. "THE ROLE OF THE DELOCALISATION THEORY IN THE DEVELOPMENT OF THE FRENCH LEGISLATION ON INTERNATIONAL COMMERCIAL ARBITRATION." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 125–32. http://dx.doi.org/10.17223/22253513/40/11.
Повний текст джерелаАнотація:
The notion of delocalisation of international commercial arbitration has recently drawn increasing attention from Russian and foreign scholars. The main problematic of scientific discussions relates to the question of how closely international commercial arbitration is related to the legal order of the seat of arbitration. The emergence and development of the theory of delocalisation of international commer-cial arbitration is inextricably linked to the French legal science. French scientists stand at the origins of this theory. Besides, French law and jurisprudence have been significantly influenced by the theory of delocalisation of international commercial arbitration. The following provi-sions of the French legislation provide the most significant examples. First, article 1511 of the French code of civil procedure constitutes a basis for the use by arbitrators of the method of direct choice of law (“voie directe”). This implies that arbitrators do not have to apply any conflict of laws rules. Therefore, French law provides for a broad autonomy of arbitrators in the choice of law, while at the same time reducing the link between arbitration and national law, including the French law. French law is thus in perfect harmony with the concept of delocalisation of international commercial arbitration. Second, it is worth mentioning that the French code of civil procedure contains a limited number of grounds for refusal of recognition and enforcement of foreign arbitral awards. This particularity permits to ensure the highest efficiency of international commercial arbitration, to maintain an arbitration friendly approach at the stage of recognition and enforcement of foreign arbitral awards, as well as to recognise and enforce arbitral awards that have been set aside at the seat of arbitration. This corresponds to the idea of delocalisation of international commercial arbitration. Third, the influence of the delocalisation theory on the French legislation is also reflected in the scope of international competence of the French supporting judge, who can act in cases where one of the parties incurs the risk of denial of justice. This means that the French sup-porting judge is entitled, for example, to nominate an arbitrator if one of the parties fails to do so, even if the dispute does not have any objective links to France. The features of the French legislation on international commercial arbitration examined above prove that it is impacted by the theory of delocalisation of international commercial arbitration. The recognition in legal science, law and court practice of the autonomy of inter-national commercial arbitration from national legal orders contributes to the growth of attrac-tiveness of Paris as a place of cross-border dispute resolution.
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Kubalczyk, Anna Magdalena. "Evidentiary Rules in International Arbitration – A Comparative Analysis of Approaches and the Need for Regulation." Groningen Journal of International Law 3, no. 1 (May 29, 2015): 85. http://dx.doi.org/10.21827/5a86a88ce5edd.
Повний текст джерелаАнотація:
The article discusses the procedure of taking evidence in international commercial arbitration from the perspective of balancing different legal cultures and values. It analyses the results of the existing evidentiary rules and attempts to harmonise the procedure, and their sufficiency in terms of securing the interests, expectations and rights of the parties involved in the international arbitration. The actual outcome must be estimated taking into consideration the balancing of the relationships and the differences between legal cultures, fairness and flexibility. In the first instance the author analyses each of the legal systems, civil law and common law, in order to compare the differences and similarities in terms of the procedure, especially in relation to evidentiary issues. A further step involves the analysis of the need for harmonised rules of procedure and in particular evidentiary rules in international arbitration and the factors in the determination and application of the rules, with a focus on the role of the tribunal’s discretion, the parties’ autonomy, as well as the impact of cultural background. Furthermore, the International Bar Association (IBA) Rules on Taking of Evidence in International Arbitration are analysed in terms of their completeness in such areas as admissibility and assessment of evidence, which permits the comprehension of the strengths and weaknesses of the IBA Rules and the need for the introduction of further rules. Finally, conclusions follow as to the proper way of balancing the competing values and approaches and the need for the application of new solutions in terms of taking of evidence in order to achieve the desired outcome in arbitral proceedings.
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Adinolfi, Giovanna. "Soft Law in International Investment Law and Arbitration." Italian Review of International and Comparative Law 1, no. 1 (October 15, 2021): 86–112. http://dx.doi.org/10.1163/27725650-01010005.
Повний текст джерелаАнотація:
Abstract In the more recent decades, international investment law (“iil”) and arbitration have been going through a process of recalibration prompted by both the intensification of cross-border capital flows and the States’ growing concerns over the potential restraints iil may impose upon the pursuit of public interests. The present contribution will pay attention to a specific feature that can be observed within these developments, i.e. the role played by soft law in investment arbitration and, more generally, under iil, also with a view to assessing the impact on the formation of binding international law of instruments formally devoid of normative force within the international legal order. After an introduction (Section 1), the contribution is articulated into four sections. Section 2 will first define the field of investigation. The case law of investment tribunals and the treaty practice under the more recent iia s will be then explored as to the reliance on soft law instruments for the purposes of settling procedural (Section 3) and substantive issues (Section 4). Some final remarks will close (Section 5).
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Goldby, Miriam. "INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS." Denning Law Journal 19, no. 1 (November 27, 2012): 171–80. http://dx.doi.org/10.5750/dlj.v19i1.382.
Повний текст джерелаАнотація:
This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.
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Pengelley, Nicholas. "Waiver of Sovereign Immunity from Execution: Arbitration is Not Enough." Journal of International Arbitration 26, Issue 6 (December 1, 2009): 859–72. http://dx.doi.org/10.54648/joia2009045.
Повний текст джерелаАнотація:
A continuing controversy in international commercial arbitration concerns the right of a private party to an arbitration to execute an award against a recalcitrant state party, despite the advent of the doctrine of restricted immunity, which seemingly applies only to waiver of jurisdiction, not execution. The problematic issue is the extent to which, if at all, a state that has waived sovereign immunity from jurisdiction has also waived immunity from execution—in effect from enforcement of an arbitral award by attachment of its sovereign assets. In a sign that the old order may be changing, some courts have been willing to hold that consent by a state to arbitration implies waiver of immunity from execution as well as from jurisdiction. The issue was recently tackled by the Hong Kong Court of First Instance, in FG Hemisphere Associates L.L.C. v. Democratic Republic of Congo. Reyes, J. looked at what might constitute waiver of sovereign immunity, particularly with respect to immunity from execution in the context of enforcement of an arbitral award against a state, finding that participation in an arbitration, including agreement to arbitral rules requiring satisfaction of an award, was not sufficient to constitute waiver of immunity from execution in itself. Taking that decision as a useful starting place, this article discusses the issue of waiver of sovereign immunity from execution with respect to arbitral awards.
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Dirva, A., and C. Dirva. "Tax Arbitration Through Offshore Centres and Tax Havens." Bulletin of Taras Shevchenko National University of Kyiv. Economics, no. 203 (2019): 30–37. http://dx.doi.org/10.17721/1728-2667.2019/203-2/4.
Повний текст джерелаАнотація:
The aim of the study is to capture the most relevant aspects regarding the functioning of offshore centres and tax havens, focusing in particular on the most important conceptual and instrumental clarifications. There are several angles to approach the phenomenon of tax evasion that are pointed out in this article, alongside a comparison of various analytical perspectives and, based on these, a number of judgments regarding their (in)opportunity are issued. In order to make a consistent description of the tax havens, it is necessary to clarify the fundamentals, the specific determinants and the factors without which these structures could not exist in the first place, the main hypothesis being that the boundary between tax arbitration and tax evasion is highly ambiguous and this is the major rationale why polemics on this topic arise. The goal is to present as objectively as possible these offshore centres and tax havens activities, which are paramount financial centres, irrespective of the criticism made by those who deem them unfair, immoral or even evil, as well as dangerous. This article focuses on tax planning and tax arbitration practices (e.g., “treaty shopping”), concluding with a collection of rationales for a balanced view on fiscal competition.
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Shpynov, S. N., N. N. Pozdnichenko, A. S. Gumenyuk, and A. A. Skiba. "GENOMOSYSTEMATICS OF RICKETTSIAE." Russian Journal of Infection and Immunity 8, no. 2 (September 10, 2018): 107–18. http://dx.doi.org/10.15789/2220-7619-2018-2-107-118.
Повний текст джерелаАнотація:
The definition of the term genome was given by the German botanist G. Winkler almost one hundred years ago in 1920. A genome definition for bacterial (rickettsia) with a single chromosome was recently presented from the perspective of information theory, biology and bioinformatics as the information chain of nucleotides. The systematics of rickettsiae (obligate intracellular microorganisms) is based on a limited number of phenotypic characters. Classifications built on the analysis of genes, fragments of genomes and their concatenations cause discussion. Application of the Formal Order Analysis (FOA, http://foarlab.org) in the study of complete genomes allowed to submit the systematics of representatives of the family Rickettsiaceae. This approach confirmed the existence of typhus group (TG), spotted fever group (SFG), and an «ancestral» group within the genus Rickettsia, and allowed the isolation of the Rickettsia felis group within this genus, located between the «ancestral» group and the SFG and the R. akari group on the border between the SFG group and the genus Orientia. The development of the tools of FOA — «Map of Genes» and «Matrix of Similarity» — helped to conduct an in-depth study of the complete genomes of rickettsia, taking into account the characteristics of their genes and noncoding sequences. Application of these instruments, with the help of the obtained classification, confirmed the notion of ecological features of rickettsia, the structure of nosological forms and the epidemiological patterns of rickettsiosis, and made it possible to assess the virulence of the strains of the two most pathogenic species of rickettsia, R. prowazekii and R. rickettsia. In this work, for the first time, a holistic, consistent and multidimensional observation of a set of closely related bacteria (a family of bacteria) and the manifestations associated with them was carried out. The basis of the developed and herein described systematic approach to the study of bacteria is a new mathematical model — the arrangement of nucleotides in a complete genome and its sensitive unambiguous numerical characteristics. A new methodological approach named genomosystematics and based on mathematical modeling of complete genomes of rickettsiae (bacteria) using FOA. Classification of rickettsiae and rickettsioses obtained with the help of this approach corresponds to ecological, epidemiological and etiological principles. Application of the genomosystematics can serve the goals and objectives of preventive medicine. The publication completes a series of scientific works presenting the methodology of an integrated approach based on the application of mathematical analysis tools in the study of objects and laws of natural science disciplines of biological and medical profile.
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Константин, К. Л., and И. Р. Виталий. "Stages of Formation and Development of Judicial System of the Russian Federation: the First Stage - the 1990s." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2019): 87–99. http://dx.doi.org/10.26163/gief.2019.83.32.014.
Повний текст джерелаАнотація:
В статье рассматриваются основные вехи создания судебной системы Российской Федерации на первом этапе после провозглашения независимости и суверенитета России в 90-ые годы XX века. Раскрывается значение создания новой ветви судебной власти в России - системы государственных арбитражных судов и таких новых институтов, как: мировые судьи, Конституционный Суд РФ и конституционные/уставные суды субъектов Российской Федерации. Показывается дуалистичность судебной системы в России, взаимосвязь судебной системы с третейскими судами (арбитражами). Отмечается значение участия адвокатов при отправлении правосудия, подчеркивается последовательность совершенствования судопроизводства путем более четкого определения порядка рассмотрения жалоб на решения/приговоры судов первой инстанции, не вступившие и вступившие в законную силу; отмечается незавершенность судебной реформы на этом этапе, поскольку не произошло разграничение всех четырех судебных инстанций: первой, апелляционной, кассационной и надзорной. The article examines key milestones in the development of the judicial system of the Russian Federation since the independence and sovereignty of Russia in the 1990s. It stresses upon the importance of creation of a new branch of judiciary in Russia - the system of state arbitration courts and such new institutions as justice of the peace, the Constitutional Court of the Russian Federation and constitutional/statutory courts of the constituent entities of the Russian Federation. The authors disclose the dual nature of the judicial system in Russia, the relationship of the judiciary with courts of arbitration (arbitration) with the importance of the participation of lawyers in the administration of justice being noted. Particular attention is given to the sequence of the development of procedure by more clear specifying the order of consideration of complaints on decisions/judgments of courts of the first instance entered and not yet entered into force. The article highlights the incompleteness of the judicial reform at this stage due to the lack of distinction of all four judicial instances: first, appellate, cassation and supervision.
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ONOSHIMA, Kenta, Koetu YAMAZAKI, and Kazuhiko HIROOKA. "412 Development of Pre- & Post-processing System for 3D-First Order Analysis." Proceedings of Conference of Hokuriku-Shinetsu Branch 2007.44 (2007): 153–54. http://dx.doi.org/10.1299/jsmehs.2007.44.153.
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Senyuta, I. Y. "Arbitration in Medical Cases in Ukraine." Medicne pravo, no. 2(22) (September 25, 2018): 41–49. http://dx.doi.org/10.25040/medicallaw2018.02.041.
Повний текст джерелаАнотація:
Current political and legal conditions caused by the medical reform implementation, transformation of legislation, and increased activity of patients to protect their rights, have given rise to the need to find the best forms, methods and means of protecting human rights in the field of medical care.
The Council of Europe recommends the governments of member states to ensure that patient safety becomes a cornerstone of all relevant healthcare strategies and defines that, while people can make mistakes in all areas of activity, they can turn those mistakes to experience in order to prevent their repeating, and medical professionals and medical organizations that have reached a high level of security have the potential to recognize errors and learn to avoid them. Given the risky nature of the provision of medical care, it is not always possible to achieve the desired result, as well as the inadequate provision or non-provision of medical care can be harmful to the patient's life and health. According to the practice of law enforcement and the current state of development of these relationships, the patients themselves are more vulnerable and their rights are most often being violated.
Given the modern period of medical and legal practice implementation, attention should be drawn to arbitration as an out-of-court jurisdictional form of protecting the subjects’ to legal relations rights in the provision of medical care.
Although the arbitral tribunal does not belong to the judicial system, while being a quasi-judicial authority; however, this form is considered to be jurisdictional, since it is a special non-governmental authorized body created to resolve disputes arising from civil and commercial relations. The Constitutional Court of Ukraine notes that the arbitration of disputes between the parties in the field of civil and commercial relations is a kind of non-governmental jurisdictional activity, which arbitration courts conduct on the basis of the laws of Ukraine, including, in particular, the methods of arbitration. In performing the functions of protection, arbitral tribunals do not exercise justice, but arbitration of disputes. The peculiarity of this method of protection is that, on the one hand, it has similar features with state justice (for example, in the aspect of the adoption of binding decisions), but at the same time it is similar with extrajudicial forms of non-jurisdiction, as, in particular, mediation (however, there is a significant difference between them: the mediator does not make decisions, but only contributes to the decision making by the parties).
One of the major issues in the scope of the study is the question of the possibility of referring subjects to medical legal relations medical to an arbitration tribunal to resolve disputes arising from the provision of medical care. The criteria for the jurisdiction of arbitration courts include: a) the nature of the controversial legal relationship: arbitration court subordinate cases of civil and commercial relations; b) the subjects of controversial legal relations: legal entities and/or individuals; c) the existence of an arbitration agreement between the parties to the dispute.
Novadays, both in national and foreign legal practice, medical arbitrations have been established and operate. In 2009, the first and only Permanent Court of Arbitration was established at the All-Ukrainian Public Organization "Foundation for Medical Law and Bioethics of Ukraine". The purpose of this specialized court is to ensure fair, speedy and effective arbitration of disputes arising from healthcare legal relations and reconciliation of parties to the dispute. However, this court has not yet considered a case due to a number of factors, such as: 1) the lack of legal awareness of the subjects to medical legal relations regarding the possibility of resolving the case through an arbitration court; 2) low level of legal culture of subjects of legal disputess, generating judicial way of disputes resolution as the only possible option; 3) the introduction of amendments to the Law of Ukraine "On Arbitration Courts" in the aspect of excluding from the jurisdiction of arbitration courts disputes related to the protection of consumer rights, including those in the sphere of medical services.
The experience of foreign countries in this aspect is positive. Thus, Arbitration Court for Health Insurance and Health, which is a specialized arbitration in healthcare issues, operates at the St. Petersburg Chamber of Commerce and Industry. It is a self-standing permanent authority that resolves disputes arising from civil legal relations between actors and participants in the health insurance system and the healthcare system in St. Petersburg.
In the United States, there is the Federal Arbitration Law that encourages the use of arbitration in all matters, if the agreement contains a clause on arbitration. Most states have adopted relevant legislation that regulates health arbitration and imposes special requirements for arbitration agreements.
National Medical Arbitration Commission under the Ministry of Health, which exercises medical arbitration and aims to resolve disputes between a doctor and a patient using alternative ways of resolving conflicts, operates in Mexico. All employees and experts are fully funded at the expense of state budget. The Commission is an official body authorized to provide, at the request of judges, expert opinions, which may in future be the basis for judgements. In order to resolve a dispute, whether through the application of a conciliation procedure or arbitration, both parties need to agree that the case would not be tried in court and that the purpose of the Commission's work is not limited to imposition legal liability to a doctor. The Commission is not a judicial body, therefore, it cannot impose penalties, but only gives the parties the opportunity to make reparations under contract.
Taking into account the above, the institute of medical arbitration in Ukraine is worth implementation, as the number of medical cases increases and more and more individuals apply for the protection of violated rights in healthcare system. Advantages of resolving disputes that arise in the provision of medical care in arbitration courts are: 1) simplification of the trial procedure; 2) short terms of consideration of the case; 3) possibility of choosing a judge; 4) preservation of confidentiality; 5) freedom to establish rules of arbitration; 6) voluntary involvement in the arbitration process; 7) synthesis of discretion, which is covered by the review procedure, and the imperativeness due to the binding decision of the parties.
Functions of medical arbitration are the following: a) protective: protection of rights of subjects of legal relations in the field of medical assistance; b) controlling: it is the component of healthcare quality management system; c) educational: enhancement of legal culture and legal awareness of the subjects of medical legal relations, as well as promotion of confidence in arbitration proceedings.
Taking into account foreign experience and national legal regulation, and according to the specific nature of legal relations in the field of medical assistance and the task of arbitration proceedings in defense of non-proprietary rights, it would be advisable to make modifications to reduce the scope of subordinate prohibitions for arbitration, in particular, in cases concerning disputes in the field of consumer rights protection, identifying only those categories that would be banned (the cases for medical services consumers’ rights protection should not fall into scope of such limitation), as well as conducting spectral work on increasing the authority of the arbitration proceedings and the level of competence of arbitrators. Also, it should be noted that tort cases can be subject to arbitration in case entering into agreements (arbitration agreements) between the creditor and the debtor in order to achieve the purpose of the obligation: the reimbursement of the harm done to the victim.