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Growing use of mediation and other alternative means of dispute resolution has led many courts and ADR programs to develop "mediator credentialing" and other approaches that seek to ensure quality mediation. A variety of practical and political difficulties have led these entities to take very diverse, and sometimes debatable, paths to quality assurance (QA). Recently, Maryland's judiciary sponsored a three-year project that led to an innovative QA system for Maryland mediators. The new Maryland Program for Mediator Excellence deemphasizes "pass-fail" barriers, as well as paper-based certification based on legal expertise and other substitute credentials; instead, this system seeks to promote and reward mediators who wish to develop their practice skills. This article offers an overview of Maryland's new QA system; compares it to approaches that have been taken elsewhere; and commends it to courts and other mediation users as a vehicle for improving mediation practice and for serving as a trustworthy indicator of skilled performance. [ABSTRACT FROM AUTHOR]

The article focuses on the limited procedural power of arbitrators under Chinese law. Topics include the arbitration rules under the lex loci arbitri, jurisdictional power, and choice-of-law power. Information is provided on the dual track arbitration system, the issuing of interim powers, and the centralization of procedural power in China.

Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Journal of Commercial & Intellectual Property Law (TFM) / Ticaret ve Fikri Mülkiyet Hukuku Dergisi is the property of Ankara Yildirim Beyazit University, Facult of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As a result of the growing commercial marketplace for teachers' digital data, a new organization that includes educational data brokers has evolved. Educational data brokerage is relatively intangible due to the ease of de-identified data being collected and sold via educational technology. There is an urgent need to expose how the brokerage of educational data relates to the commercial mediation of consent and privacy in educational settings. It is difficult due to a lack of consistent terminology about organizations that buy and sell data. This paper offers an extensive analysis of the social learning platform Edmodo and provides evidence that justifies the term 'educational data broker'. The results aim to provide new terminology to a largely obfuscated process in educational settings and bring to light a concrete example of brokerage activity focusing on teachers' online activity. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this study is to provide a firsthand perspective on the challenges and risks that can arise in arbitration proceedings. Design/methodology/approach: To investigate the concrete methods money launderers use, a qualitative study was conducted with 10 alleged money launderers and 18 prevention experts. The results were then tested quantitatively, and it was concluded that among money launderers, the highly regulated financial sector is less popular than other sectors. Findings: Money launderers relocate to unregulated sectors or offshore banks to avoid being questioned by compliance officers. Therefore, it is necessary for arbitrators involved in commercial or investor–state arbitration to have the expertise to readily identify the issues raised by these criminal law concepts and provide answers. Originality/value: This paper examines the intersection between the areas of international commercial arbitration and money laundering, bribery, as well as embezzlement. At the same time, it draws attention to the need to analyze compliance issues in arbitration proceedings. [ABSTRACT FROM AUTHOR]

European peace and security became under threat with the developments in the Socialist Federation of Yugoslavia (SFRY), particularly after 1991. The war in Slovenia and Croatia signalized that existence of the Federation it was no longer possible. European Community (EC) and its Member States strongly advocated for peaceful resolution of the conflict. On 19th July 1991, they reaffirmed readiness to be involved, in the role of third party, in restoration of the dialogue between the Republics and the Federation. Deterioration of the situation due to the declarations of independence made EC to come out with the proposal for the peace conference on Yugoslavia. Therefore, the Arbitration Commission issued several opinions related to the right of self-determination and whether the Republics that declared independence from the Federation fulfilled the necessary conditions of statehood. Considering that independence of the constituent republics symbolized the violent dissolution of SFRY, this paper aims to analyze the approach of EC and its Member States on the recognition of the independence of the Republics. In the academic literature, very few studies have focused on what made the EC and its Member States to come out with the proposal for the peace conference, concretely for an arbitration commission, and how the Republics that declared independence responded to the EC proposal for a common political agreement and arbitration commission? In this paper, will be analyzed the EC Statements on Yugoslavia, Statements of the SFRY Presidency, and the Opinions of the Badinter Commission for the period 1991-1992. [ABSTRACT FROM AUTHOR]

Copyright of Geominas is the property of FUNDA-GEOMINAS. (Fundacion de Egresados d Amigos de la Escuela de Ingenieria Geologica y de Minas) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper explores the growing integration of blockchain technology in the legal field, specifically focusing on the emergence of smart contracts with their automated execution of contractual obligations. Technology experts believe that the use of smart contracts contributes to the eradication of disputes. However, the author challenges this claim while analyzing the disputes that may arise in this area, including classic contract law disputes and new issues specific to smart contracts. The paper focuses on whether arbitration is the optimal forum for resolving these disputes. The relationship between traditional and blockchain arbitration is explored, examining disputes that would be resolved using established methods and those suitable for the newly created mechanism. The interests of traditional arbitration do not coincide with those of blockchain arbitration. Both should cooperate and take advantage of each other. The author asserts that the flexibility and adaptability of arbitration will be its dominant advantage in addressing these disputes. [ABSTRACT FROM AUTHOR]

In this paper, I theoretically examine the concept of quantified credibility in sociology. I argue that quantified credibility has components of status, reputation, and trust, which are arbitrations of rankings of individuals, public and private institutions to determine their trustworthiness, legitimacy, and access to resources. To illustrate the above, this paper provides an in-depth analysis of China's Social Credit System (SOCS), as it is developing into one of the largest and comprehensive data systems in the world. [ABSTRACT FROM AUTHOR]

Copyright of Revista Vasca de Derecho Procesal y Arbitraje is the property of Instituto Vasco de Derecho Procesal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose. This paper examines the different mechanisms used in Bangladesh to solve employment disputes, e.g. conciliation and arbitration, which are devised to maintain peaceful relationships between employer and employee. Design/methodology/approach. Research draws on legislation - i.e. the 2006, 2013, and 2015 versions of the Bangladesh Labour Act - and other documentation - e.g. conference papers and reports on Bangladesh. Findings. Overall, the paper points to the successful incorporation of different dispute resolution mechanisms, yet singling out those sectors where the use of conciliation and arbitration should be given careful consideration to prevent possible negative consequences. Research limitations/implications. The paper looks at the effectiveness of solving labour disputes through alternative settlement procedures prior to the involvement of national employment tribunals. Originality/value. The originality of the paper lies in its practical approach, as it looks at Bangladesh's both legislation and reports. Paper type. Research paper. [ABSTRACT FROM AUTHOR]

Copyright of Zagreb Law Review is the property of University of Zagreb Law School / Pravni fakultet Sveucilista u Zagrebu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The primary objective of this study is to delve into the intricacies of econtracting within a legal framework. The researcher undertakes an in-depth exploration of the legal aspects associated with e-contracting, elucidating the fundamental components that constitute an e-contract. The initial section of the study encompasses the researcher's definitions and discussions regarding the concept, execution, and methods for validating e-contracts. Subsequently, the paper explores the domain of arbitration specific to such contracts, with a particular emphasis on electronic arbitration and electronic negotiations in its second segment. Employing an analytical descriptive approach, the researcher addresses the central theme, focusing on the application of traditional contract articles to electronic contracts. This encompasses an examination of electronic consent, acceptance, and electronic arbitration. The study's findings offer insights into e-contracts, characterizing them as agreements forged online. Furthermore, the study scrutinizes critical elements such as satisfaction, Lex loci, rationale, and the mode of communication, whether visual or auditory. This analytical inquiry aims to provide significant contributions to the comprehension of e-contracting within the legal landscape. [ABSTRACT FROM AUTHOR]

The territory of Slovakia, during the period when it was part of Hungary, was considered a food storehouse, which was in charge of procuring the majority of food supplies for the country. Nothing about this changed even during the existence of the interwar Czechoslovak Republic, in which the southern part of Slovakia was the republic’s “granary”. The situation in the agrarian area significantly worsened with the adoption of the arbitration decision, on the basis of which the southern territory of Slovakia was ceded to Hungary. The paper focuses on the research of the agricultural situation in the period of the post-arbitration decision in the southern border areas of Slovakia and at the same time in the ceded territory of Hungary. The aim of the paper is to research the effects of the Vienna Arbitration on agriculture in the mentioned territories and, subsequently, on stabilization of the situation in the period from November 2, 1938 to March 14, 1939. [ABSTRACT FROM AUTHOR]

Presents a principled approach to adjourning the decision to enforce under the Model Law and the New York Convention. Background on the New York Convention and the Model Law; Possible conflict between domestic practices and international policies; Overview of the working papers of the United Nationals Conference on International Commercial Arbitration regarding Article VI of the New York Convention.

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cuadernos del Centro de Estudios de Diseño y Comunicación is the property of Cuadernos del Centro de Estudios de Diseno y Comunicacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Cuadernos del Centro de Estudios de Diseño y Comunicación is the property of Cuadernos del Centro de Estudios de Diseno y Comunicacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper proposes a structured, tiered framework through a UNCITRAL Model Law to gradually integrate artificial intelligence (AI) into foreign investment law arbitration in an ethical and effective manner. It also explores the critical role arbitration institutions can play in facilitating AI implementation. It details how AI can assist arbitrators by searching vast datasets, automating routine tasks, and enhancing decision-making through analysis of previous cases. Current AI regulations in regions like the EU, UK, and Canada fall short in addressing the complexities of cross-border arbitration and ensuring interoperability. By emphasising the distinct contributions of the proposed UNCITRAL Model Law and arbitration institutions, the paper highlights a multi-faceted strategy to overcome challenges posed by outdated international conventions, inconsistencies in bilateral investment treaties, and the lack of comprehensive guidance. This approach aims to refine the integration of AI in arbitration processes, enhancing efficiency, fairness, and the legitimacy of the arbitration system. [ABSTRACT FROM AUTHOR]

Background: In today's modern business and technological landscape, businesses are increasingly inclined to seek alternative methods for resolving disputes rather than rely solely on traditional court procedures. Businesses are also increasingly aware of the significance of resolving conflicts through alternative means and taking proactive measures to avoid litigation. In recent decades, investment arbitration has gained widespread acceptance and has emerged as a preferred mechanism for resolving disputes involving international investors in Western Balkan countries. Some countries demonstrate a favourable inclination towards employing arbitration as a dispute resolution mechanism by enacting legislation that grants investors the right to initiate arbitration proceedings against the state in case of failure. This scientific research objective will be achieved through the reflection of the legislative framework in the matter of investment arbitration as well as the reflection of the flow of foreign investments, analysing and not limited to the treatment of concrete cases of arbitration disputes. Through this approach, we will answer the central question of how much arbitration as an alternative dispute resolution mechanism is a stimulating factor for attracting foreign direct investment or whether multinational companies only use the legislative and incentive favours offered by the Republic of Kosovo and North Macedonia. Methods: The article was conceived based on a modern methodological framework. Within the general methodological framework of scientific research, logical methods play a crucial role in the scientific processing of the research data, drawing conclusions and determining facts through which the truth of the thesis of the work is reached scientifically. In the context of this paper, the method of analysis through which the impact of arbitration as an alternative dispute resolution mechanism in relation to the flow of investments will be analysed is noteworthy. Additionally, methods of abstraction and concretisation will also be used. Abstraction is the basis of analysis, which sometimes represents the separation of parts from the whole subject. Moreover, the comparative method will highlight the diverse normative solutions in national legislation and international legal sources. Results and conclusions: In the article, the authors propose considering the effectiveness of existing provisions and determining whether adjustments or alternative approaches are needed to maximise the benefits of foreign investment while minimising potential risks and uncertainties associated with dispute resolution processes. [ABSTRACT FROM AUTHOR]

The past few years, landlord-tenant disputes increased significantly. Therefore, the goal of this paper is to analyze the alternatives that allow landlords and tenants to save time and money. Moreover, most of conflicts don’t require to go to Court so it is relevant to look at the alternatives to avoid such a loose of time and money. We found out several alternatives: prevention, mediation, negotiation, expert determination, arbitration… Then, we compared them using a Multi-Attribute Decision Making and ranked them from best to worst. The findings of this paper are that prevention through appropriate clauses and mediation are the best alternatives to solve landlordtenant disputes. Indeed, those both alternatives suit both stakeholders’ expectations and prevent most conflicts. [ABSTRACT FROM AUTHOR]

Copyright of Jordanian Journal of Law & Political Science is the property of Mutah University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Direito Internacional is the property of Revista de Direito Internacional and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper presents an interesting case study on Legacy Data Integration (LDI for short) for a Regional Cloud Arbitration Court. Due to the inconsistent structure and presentation, legacy arbitration cases can hardly integrate into the Cloud Court unless processed manually. In this study, we propose an AI-enabled LDI method to replace the costly manual approach and ensure privacy protection during the process. We trained AI models to replace tasks such as reading and understanding legacy cases, removing privacy information, composing new case records, and inputting them through the system interfaces. Our approach employs Optical Character Recognition (OCR), text classification, and Named Entity Recognition (NER) to transform legacy data into a system format. We applied our method to a Cloud Arbitration Court in Liaoning Province, China, and achieved a comparable privacy filtering effect while retaining the maximum amount of information. Our method demonstrated similar effectiveness as the manual LDI, but with greater efficiency, saving 90% of the workforce and achieving a 60%-70% information extraction rate compared to manual work. With the increasing development of informationalization and intelligentization in judgment and arbitration, many courts are adopting ABC technologies, namely Artificial intelligence, Big data, and Cloud computing, to build the court system. Our method provides a practical reference for integrating legal data into the system. [ABSTRACT FROM AUTHOR]

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Dispute settlement clauses in the recent Indian bilateral investment treaties (BITs) are far more inclined towards shielding the states’ regulatory power by limiting the tribunals’ jurisdiction. The India-Brazil BIT in particular has moved a step ahead to seize the power from the arbitral tribunals in awarding compensations. Since the beginning, most of the Indian BITs contained both investor-state dispute settlement (ISDS) and state-state dispute settlement (SSDS) clauses as investment dispute settlement mechanisms. But for the first time, India signed a BIT with Brazil on terms that investment disputes shall be settled (or prevented) only through the SSDS mechanism. Furthermore, the current BIT regime in India is heavily guarded with several checkpoints, such as the absence of the most favoured nation clause, keeping taxation related measures outside the purview of BITs, and the requirement to exhaust locally available remedies before invoking ISDS. The list is long and includes several other similar provisions. In short, it signifies that India’s approach towards ISDS in particular, and investment protection in general, is a movement from a sceptical position in the past to a protectionist one in the present. Therefore, to justify the above claim, the paper will attempt to study the background of ISDS in India, analyse the jurisdictional scope of the arbitral tribunals, the practicability of the exhaustion of local remedies (ELR) clause and the power of the arbitral tribunals to award compensation in case of loss suffered by the investors. The paper concludes that India’s approach towards ISDS as contained in the Indian BITs (those are based on the new model) and especially in the India-Brazil BIT of 2020 proves to be a step to protect the regulatory power of the host-states. [ABSTRACT FROM AUTHOR]

The paper reviews different kinds of alternative dispute resolution processes that would allow more understanding to the reader and develop an understanding on what process to choose when dealing with construction contractual disputes. Dozens of alternative dispute resolution processes has been introduced to the world in the recent years which every player claims his process is the best out there, which shows after research that this is a false claim concerning construction contractual disputes. The paper reviews different kinds of dispute resolution processes out there and compare them to each other after developing the right criteria parties take into account when facing construction contractual disputes. In the first section of the paper the author develop every process by its own giving the advantages and disadvantages of it; after than the author developed a multi attribute table to compare processes to each other and in what cases every process is used for. Additionally, the paper shows why is a selected process better than others focusing on the important attributes developed and benefits perceived from it. The final results of the paper shows that some processes have way more benefits then others and less disadvantages compared to other processes; on a parallel view there are some process which tend to be the worst to be practiced when dealing with construction contractual disputes. It is hoped that the study will inform readers that mediation is the best dispute resolution process when it comes to construction disputes, and arbitration and litigation are the worst. [ABSTRACT FROM AUTHOR]

Governance is unarguably the largest human enterprise. It involves interactions with diverse stakeholders, including private contractors, for procurements and delivery of public goods and services to the population through the invitation of tenders and bids for auction. Procurement can often lead to disputes given the diverse purposes of such contracts, and the nature of the contracting entities. Disputes arise in three stages: notification, allotment and performance. Private contractors are driven by profit, while the State follows its sovereign and public law obligations. In such high-stakes engagements, effective and efficient dispute resolution is not just desirable but necessary. This paper analyses the legal regime governing public procurement contracts in India, with special emphasis on the relevant dispute resolution mechanisms available. It outlines the existing international law regime on public procurement to suggest arbitration as an effective dispute resolution mechanism. The paper analyses the WTO Model, the UNCITRAL Model Law on Public Procurement, and the EU Law, to reconcile the issues particular to the Indian context, especially those related to dispute resolution. [ABSTRACT FROM AUTHOR]

Purpose: Sports tournaments are now massive events watched by millions of people all over the globe. The Court of Arbitration for Sport (CAS) is an institution independent of any sports organization that provides services to facilitate the resolution of sports-related disputes through arbitration or mediation using procedural rules tailored to the unique needs of the sports world. In this paper, the author has attempted to look into and determine the reason of the outcomes of the votes made by this institution, taking into account the significance of the CAS on sports in the Islamic Republic of Iran. Methods: The court rulings involving Iranian athletes have been particularly analyzed in this article, with a focus on the rulings that helped Iranian athletes win. The textual content analysis approach was used in this investigation. For examining various communications, including ideas, interviews, documents, observations, and written texts, content analysis is a useful and effective method. Results: The current research studied and analyzed judgements made by the CAS on matters involving Iranian sports. Despite the fact that fewer than 25% of the lawsuits involving Iranian parties ended with a win for that side, the data revealed that there were indications of Iranian cases failing even in this small proportion. Conclusion: The Iranian side usually realizes that the other side is right and has a small likelihood of winning, therefore simply complains to the CAS to purchase time, which is one of the key reasons why Iran's cases before the CAS fail. It is suggested that sports managers should consult with sports lawyers before the CAS to avoid financial losses and currency outflows from the country, because the outcome of many cases is completely clear from a legal point of view and there is no need to file it in CAS. [ABSTRACT FROM AUTHOR]

Low-rate distributed denial of service attacks, as known as LDDoS attacks, pose the notorious security risks in cloud computing network. They overload the cloud servers and degrade network service quality with the stealthy strategy. Furthermore, this kind of small ratio and pulse-like abnormal traffic leads to a serious data scale problem. As a result, the existing models for detecting minority and adversary LDDoS attacks are insufficient in both detection accuracy and time consumption. This paper proposes a novel multi-scale Convolutional Neural Networks (CNN) and bidirectional Long-short Term Memory (bi-LSTM) arbitration dense network model (called MSCBL-ADN) for learning and detecting LDDoS attack behaviors under the condition of limited dataset and time consumption. The MSCBL-ADN incorporates CNN for preliminary spatial feature extraction and embedding-based bi-LSTM for time relationship extraction. And then, it employs arbitration network to re-weigh feature importance for higher accuracy. At last, it uses 2-block dense connection network to perform final classification. The experimental results conducted on popular ISCX-2016-SlowDos dataset have demonstrated that the proposed MSCBL-ADN model has a significant improvement with high detection accuracy and superior time performance over the state-of-the-art models. [ABSTRACT FROM AUTHOR]

This paper analyzes how a country's formal institutional quality impacts the performance of listed companies across different Latin American countries (namely, Argentina, Brazil, Colombia, Mexico, Peru, and Chile) and industries. Latin America provides a unique setting to address this question due to the region's high institutional instability. The sample consists of 571 large listed companies, with a total of 8576 observations, for the period 2004–2019. Results show that the quality of a country's formal institutions is positively related to firm performance, measured through two alternative variables (ROA and Tobin's Q). Additionally, countries that are signatories of the ICSID agreement provide companies with a more stable environment in which to do business, which ultimately has a positive impact on their performance. However, as the number of cases recorded before the ICSID increases, the relationship turns negative. The paper provides a more comprehensive understanding of formal institutions by considering six alternative governance dimensions. Moreover, international arbitration is found to be a substitute for formal institutions in Latin American countries. [ABSTRACT FROM AUTHOR]

The article lists the previous winners and the 2007 winner of the Wiley-Blackwell Area Prize which was announced at the RGS-IBG Annual General Meeting on June 2008 at the RGS-IBG headquarters in London, England including Jessica Graybill, Clare Herrick, and Pauline Couper.

Copyright of Industrial Relations / Relations Industrielles is the property of Universite Laval, Department of Industrial Relations and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Unlike article 34 of the UNCITRAL Model Law which prescribes three months limitation period for recourse against arbitral award, section 48 of the Nigerian Arbitration Act (ACA) does not specifically contain any limitation period. However, section 29(1) of the ACA which has general application provides for three months limitation period from the date of award within which a party can apply to set aside an award on the ground that the arbitral tribunal exceeded its scope of submission. The aim of this paper is to ascertain the scope, application and effect of the relevant provisions of the ACA by evaluating relevant judicial decisions. This paper adopts the doctrinal methodology by relying on relevant statutes, judicial decisions and literature. The paper points out the issues arising from computation of time as to whether limitation time starts to run from the date of award or when the award is received by the parties or their legal representatives and calls for judicial rethinking. The paper finds that the virtual repetition of the grounds for recourse against international arbitral award in the grounds for refusal of recognition and enforcement may give an unsuccessful party a bite of another cherry. In order not to defeat the essence of the limitation period, the paper recommends necessary the legislative reforms. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of Ablai Khan KazUIRandWL: Series 'International Relations & Regional Studies' is the property of Kazakh Ablai Khan University of International Relations & World Languages and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

A transitive signature scheme enables anyone to obtain the signature on edge (i , k) by combining the signatures on edges (i , j) and (j , k) , but it suffers from signature theft and signature abuse. The existing work has solved these problems using a universal designated verifier transitive signature (UDVTS). However, the UDVTS scheme only enables the designated verifier to authenticate signatures, which provides a simple way for the signer to deny having signed some messages. The fact that the UDVTS is not publicly verifiable prevents the verifier from seeking help arbitrating the source of signatures. Based on this problem, this paper proposes a traceable universal designated verifier transitive signature (TUDVTS) and its security model. We introduce a tracer into the system who will trace the signature back to its true source after the verifier has submitted an application for arbitration. To show the feasibility of our primitive, we construct a concrete scheme from a bilinear group pair (G , G T) of prime order and prove that the scheme satisfies unforgeability, privacy, and traceability. [ABSTRACT FROM AUTHOR]

The position of the Consumer Dispute Settlement Body in the judicial power law is not as a court institution but carries out an adjudicating function called a Quasi Court with resolution through mediation, conciliation, and arbitration, the decisions of which are final and binding. The formulation of the problem in this paper is: Why is legal protection needed for consumers as a Quasi Court from the Final Decision of the Consumer Dispute Settlement Agency (BPSK)? Meanwhile, the method used in this research is the normative method, using a statutory and analytical approach, then the legal materials used are primary, secondary, and tertiary legal materials. Consumers are weaker in existence than business actors, because business actors often carry out actions that can harm consumers to gain profits, therefore consumers need to receive legal protection, even though UUPK has been formed to resolve disputes through the Consumer Dispute Resolution Agency (BPSK), but the BPSK decision which is final and binding has not been fully implemented consistently as stated in the Consumer Protection Law (UUPK), because there is still an opportunity to submit objections for parties who object to the BPSK decision. [ABSTRACT FROM AUTHOR]

On 4 May 2023, the Hong Kong Court of Final Appeal (CFA) delivered a groundbreaking judgment in Re Guy Kwok-Hung Lam [2023] HKCFA 9, in relation to whether a foreign exclusive jurisdiction clause (EJC) should be upheld in insolvency cases.The CFA decided that in an ordinary case where there is an EJC, absent any countervailing factors such as the risk of insolvency affecting third parties and a dispute that borders on the frivolous or abuse of process, the petitioner and debtor out to be held to their contract (‘the Guy Lam Principle’). Following the judgment, two cases have appeared before the Hong Kong Court of First Instance where the court has been asked to consider whether the Guy Lam Principle also applies to arbitration clauses.The Honourable Madam Justice Linda Chan and the Honourable Mr Justice Jonathan Harris have handed down what appear to be diverging judgments on this issue in Re Simplicity &Vogue Retailing (HK) Co Ltd [2023] HKCFI 1443 and Re Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065, respectively. [ABSTRACT FROM AUTHOR]

The systematic protests by the nuncio Fabio Chigi against the peace treaties negotiated during the Congress of Westphalia (1643–1649) have long been interpreted as a papal diplomatic failure, at a time when the ideal of Christianity was definitively giving way to a Europe made up of states. This paper seeks to move away from this categorical interpretation of the phenomenon. By studying the correspondence of the nuncios stationed in Madrid, Paris, Brussels and Vienna, the aim is to analyse how the peace of Westphalia was received, and determine whether this reception differs from the protest politics pursued by Fabio Chigi in Münster. It emerges that the nunciatures had varied reactions to the negotiations and the treaties, within fragmented contexts where the peace in Germany was just one of many current events, which were dominated by ongoing conflicts. The primary characteristic of these reactions is that they result from the local activities of each nuncio. By focusing on the variety of reactions, this study offers a polycentric and interconnected understanding of papal diplomacy at the time of the Congress of Westphalia. It aims to provide a better comprehension of the ‚agency' of the apostolic nuncios in redefining the diplomatic culture of the Holy See, through their differing receptions, practices and uses of the notion of peace. [ABSTRACT FROM AUTHOR]

Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As an alternative to traditional court litigation, arbitration has gained prominence in Jordan's legal landscape for its distinct attributes like speediness, confidentiality, autonomy, and efficiency. Central to the sanctity of this mechanism is the arbitrator's duty of disclosure, ensuring that the arbitration process remains impartial, transparent, and devoid of any potential bias. This paper explores the profound significance of the duty of disclosure in Jordan by analyzing the latest Jordanian Court of Cassation Decision No. 1479 of 2023, where nondisclosure by the Arbitral Tribunal led to the annulment of the arbitral award. Through juxtaposing international arbitration norms and thoroughly examining Jordanian legislation, this study underscores the consequences of nondisclosure and the paramount importance of transparency in arbitration. The insights drawn from this case reaffirm that the foundation of arbitration's credibility and trustworthiness rests on the rigorous adherence of arbitrators to disclosure, ensuring that justice is not only served but is transparently perceived. [ABSTRACT FROM AUTHOR]

Flexibility and other advantages that the International Commercial Arbitration has in resolving commercial contests has made it possible that this mechanism be one of the key factors influencing the foreign capital in the developing countries, as well as signing of a large number of contracts involving a large amount of financial means. The purpose of this paper is to focus on analyzing the advantages of the international arbitration as a credible institution with a procedural and mitigating flexibility towards other mechanisms for solving commercial contests. From the other perspective, this paper analytically explains the reasons as to why the parties avoid other procedures in solving commercial contests. The main purpose of this paper is theoretical influence in promoting this institution by specifically focusing on the importance of the advantages that this institution has as compared to the other procedures in solving the commercial contests. This study will be carried out using content analysis method wherein a number of data from various authors will be analysed (analyzing the relevant literature for this institution through which advantages and disadvantages of the Arbitrary Procedure will be explained). [ABSTRACT FROM AUTHOR]

In the previous paper in this series we identified some of the situations in which conflict might arise in the health or social care setting (Ellis, 2022a). We said much conflict arises as a result of poor communication, be that between staff or between staff and patients. We considered how patients may become agitated when they feel they are being treated badly or that the system just does not care about them. In this paper we consider some of the strategies a health or social care professional might use in order to defuse conflict situations. [ABSTRACT FROM AUTHOR]

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Established in 1983, the Court of Arbitration for Sport (the "CAS") has since been recognized as the "world's supreme court for sports." It is, however, neither a "court" in the public law sense of the term nor "supreme," given that its decisions can be challenged at the Swiss Federal Tribunal and even at the European Court of Human Rights. The CAS has also faced criticism for its lack of independence and impartiality, the mandatory consent nature of its jurisdiction and its questionable and limited contractual legitimacy. These criticisms have been raised occasionally but largely unsuccessfully by aggrieved parties seeking to quash CAS awards in the courts. Nevertheless, the legal challenges and questions as to the CAS's credibility as an arbitral body persist. This Article seeks to critically assess the principal criticisms of the CAS by comparing its practices with those of ordinary courts and commercial arbitration institutions. This paper will show that procedurally - with the exception of an egregious gender and geographical imbalance in and on its arbitration lists - the CAS's practices appear compliant with the norms of international arbitration. The paper seeks to facilitate a more informed discussion about, and appreciation of, the CAS than has recently existed and to prompt meaningful reform of the CAS to the ultimate benefit of its users (and especially athletes). [ABSTRACT FROM AUTHOR]

This paper makes an important and unique contribution to the Special Issue by problematizing the neglected role of law in the governance of global supply chains and the hidden costs resulting from this neglect. In Part I we argue that existing efforts within domestic and international law are ineffectual in holding transnational corporations accountable along their supply chains. The turn to private transnational mechanisms of governance, such as arbitration, is a direct response to this governance gap. However, in Part II we criticize international investment law and arbitration for their one-sided nature that privileges corporations over states and civil society. Adopting a critical political economy approach, this paper examines how efforts to address corporate social responsibility through international investment law and arbitration do not substantively uproot dominant ontologies or restructure power relations between corporations, states, and civil societies. Instead, we argue that these reforms contain hidden costs to transparency, participation, and accountability by empowering private transnational governance through arbitration, while further locking-in states to the operations of foreign corporations and the dictates of transnational capitalism. [ABSTRACT FROM AUTHOR]

In China, a significant and rising number of workers are engaged in on-demand work. The legal status of on-demand workers has been widely debated, and it seems that the vast majority are not protected by labour law, since the law accords rights only to those workers with 'labour relationships'. While there is widespread consensus in China that on-demand workers need more protection, steps taken in that direction to date have been small indeed. This paper seeks to explain the current legal situation of Chinese on-demand workers by outlining the responses to the spread of on-demand work of the judicial and arbitration system, national government, trade unions and workers themselves. Addressing the question why on-demand workers have not yet been accorded labour protections, it points in particular to the national government's concern to maintain high levels of employment and ensure economic growth. [ABSTRACT FROM AUTHOR]

In recent decades, a wide array of alternative dispute resolution (ADR) forums have taken shape within British Muslim communities. Exploring the development of Muslim ADR practices in contemporary Britain, this paper argues that these quasi-legal mechanisms are not entirely novel formations created afresh in the modern British socio-legal context; but rather, they have antecedents in long-standing cultural and religious norms that can be traced back to colonial-era South Asia. In the Indian subcontinent under British rule, the paper suggests, religious and community leaders often sanctioned the practice of community-led dispute resolution, grounded in Islamic principles of mediation and arbitration, to settle disputes without recourse to government courts. Ultimately, the routines of Muslim non-state adjudication formulated in South Asia were transposed through the dynamics of migration to the UK, where they continue to be visible in faith-based dispute resolution forums and practices. [ABSTRACT FROM AUTHOR]