39 research outputs found

    The Formative Conditions and the Deadline for Requesting the Writ of Interim Injunction in the National and International Arbitration

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    One of the features of arbitration is swiftness in examination in order to settle the disputes. As a result, the popular tendency toward the entity of arbitration instead of referring the dossiers to the judicial court is more pervasive. In some cases, however, referring to the judicial court is unavoidable for settling the disputes in such a way that refraining from consulting with the court leads to irreversible damages. Accordingly, the interim injunction which is a transient and exceptional measure adopted to protect the rights of the claimant comes to be known. Interim injunction in urgent matters should be issued after the recognition of urgency by the relevant and reliable authority. Issuing the interim injunction for the arbitrators in the internal arbitration regulations of the civil procedure has been done in silence; however, in Iran’s International Commercial Arbitration Rules ratified in 1997, this authority has been explicitly foreseen for the arbitrators. In the present article, we try to answer this question that when the proposal for the issuance of the interim injunction in the national and international arbitration should be put forward and what the formative condition for requesting the interim injunction in the arbitration entity is. Keywords: arbitration, interim injunction, request for the issuance of interim injunction, urgenc

    Legal Consistency of Health Personnel in Making Medical Records

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    Introduction to The Problem: Medical record is a record or document containing patient identity, examination, treatment, action and other services that must be made by health workers, but not 100% complete medical records. Currently, when talking about medical records, doctors always think, while in the law on health workers, medical records must be made by health workersPurpose/Objective Study: to find out the legal certainty of health workers in making medical recordsDesign/Methodology/Approach: This research is normative with deductive research analysis.Findings: the results of patient records carried out by the medical profession are called medical records, patient records carried out by nurses are called nursing care documentation and patient records carried out by midwives are called midwifery care documentation. Doctors who do not make medical records can get criminal sanctions, while nurses and midwives if they do not do documentation of care will get administrative sanctions.Paper Type: Research Articl

    Electricity Market Designs for Demand Response from Residential Customers

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    The main purpose of this dissertation is to design an appropriate tariff program for residential customers that encourages customers to participate in the system while satisfying market operators and utilities goals. This research investigates three aspects critical for successful programs: tariff designs for DR, impact of renewable on such tariffs, and load elasticity estimates. First, both categories of DR are modeled based on the demand-price elasticity concept and used to design an optimum scheme for achieving the maximum benefit of DR. The objective is to not only reduce costs and improve reliability but also to increase customer acceptance of a DR program by limiting price volatility. A time of use (TOU) program is considered for a PB scheme designed using a monthly peak and off peak tariff. For the IBDR, a novel optimization is proposed that in addition to calculation of an adequate and a reasonable amount of load change for the incentive also finds the best times to request DR. Second, the effect of both DR programs under a high penetration of renewable resources is investigated. LMP variation after renewable expansion is more highly correlated with renewable’s intermittent output than the load profile. As a result, a TOU program is difficult to successfully implement; however, analysis shows IBDR can diminish most of the volatile price changes in WECC. To model risk associated with renewable uncertainty, a robust optimization is designed considering market price and elasticity uncertainty. Third, a comprehensive study to estimate residential load elasticity in an IBDR program. A key component in all demand response programs design is elasticity, which implies customer reaction to LSEs offers. Due to limited information, PB elasticity is used in IBDR as well. Customer elasticity is calculated using data from two nationwide surveys and integrated with a detailed residential load model. In addition, IB elasticity is reported at the individual appliance level, which is more effective than one for the aggregate load of the feeder. Considering the importance of HVAC in the aggregate load signal, its elasticity is studied in greater detail and estimated for different customer groupings

    Review of the governing law and the law governing the ability to refer to Arbitration

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    One of the effects and results of the principle of independence is that the condition of arbitration from the main contract is to consider separate legal arbitration for each of the principal contracts and the issue of referralability.This means that if the main contract of invalidity was void according to the law, it would not only have no effect on the arbitration agreement, but also has no role in the issue of the possibility of referral to the arbitration, and the arbitration agreement as well as the ability to refer the case to arbitration should have another fate It is governed by the law.What is discussed in this paper is the proof of this theory that by accepting the doctrine of the principle of independence, the condition of arbitration will be different from the main contract of the law governing the main contract and the law governing the ability to refer the matter to arbitration.

    Civil liability in Cyberspace

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    Today, there have been enormous changes in technology and we have witnessed great revolutions in the field of information technology during recent decades so that they influenced human life in many aspects and among them internet is a connecting factor and a world phenomenon which leads to information transfer in the shortest possible time in contemporary era. It is clear that law should be transformed according to development of technology. The modern technology requires dynamism and new law. There have been lots of attempts by legal professionals and legislators of developed and developing countries to remove existing problems but these laws have not been enough matured yet and it is forming. Therefore this study, deals with legal rules in developed countries and Iran about civil liability in cyberspace, harmful act and liability including from harmful act and causative relation between harmful act and the created loss. Keywords: Cyberspace, Civil liabilities, Harmful ac

    Review of the Governing Law and the Law Governing the Ability to Refer to Arbitration

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    One of the effects and results of the principle of independence is that the condition of arbitration from the main contract is to consider separate legal arbitration for each of the principal contracts and the issue of referralability.This means that if the main contract of invalidity was void according to the law, it would not only have no effect on the arbitration agreement, but also has no role in the issue of the possibility of referral to the arbitration, and the arbitration agreement as well as the ability to refer the case to arbitration should have another fate It is governed by the law.What is discussed in this paper is the proof of this theory that by accepting the doctrine of the principle of independence, the condition of arbitration will be different from the main contract of the law governing the main contract and the law governing the ability to refer the matter to arbitration. Keywords: The principle of independence is the condition of the arbitration of the original contract, the law governing the main contract, the law governing the ability to refer the case to arbitration

    Environmental & justice

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    All the environmental issues are somewhat related to the concept of justice. The concept of "environmental justice" is always juxtaposed with topics related to the concept of environment. Given the globalization of the environmental issues since 1970s, the discourse of environment has been increasingly used to encompass global or international environmental issues such as the trade of toxic spare parts, the depletion of the ozone layer, the preservation of ecological diversity and global warming. Now it can be claimed that some subjects help us think about environmental justice beyond domestic and national boundaries. Global environmental justice, transnational environmental justice, environmental justice and international environmental equality are some examples. The environmental scholars who use these terms are mostly unable to draw a distinction between them. In the present article, we will try to specify the interrelationship between these terms and the concept of environmental justice in the area of global politics. Keywords: environment, justice, globalization, environmental justic

    The Inefficacy of Termination and Nullification of the Main Contract on Contractual Stipulations as a Consequence of the Principle of Autonomy of Arbitration Agreement from the Main Contract

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    One of the most important results and effects of the principle of autonomy of arbitration agreement from the main  contract is the inefficacy of termination and nullification of the main contract. It might be stated that with the termination or nullification of the main contract, the arbitration agreement, either as an arbitration condition in the terms of the main contract or as a separate agreement which is nonetheless related to the main contract, would not be localized in any instance, and thus it cannot be considered as an independent legal institution. The nullification of the terms based on the termination of main contract is justified by the principle implying the compliance of terms with the main contract, yet this rule is not universal. In some instances, based on the rule of autonomy and also the tacit agreement of parties, and considering the deviation of objectives in terms and the main contract, the principle may not be implied. By this argument, not only the acceptance of the doctrine of the autonomy of arbitration from the main contract becomes legitimate in our law, but it can also be argued that one of the most important consequences here is the autonomy of inefficacy of main contract on the arbitration agreement in Iranian law. Keywords: Rule of Compliance of Condition, Principle of Autonomy of Condition, inefficacy of termination of contract on arbitration claus

    Explode Metacarpal Bone by Gunshot: A Case Report

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    Background: The incidence of firearm related non-fatal and fatal accidents has been increased worldwide. Most of the unintentional or intentional nonfatal gunshot injuries involve an extremity.Case Report: A 33-year-old man was admitted to emergency department with a complaint of injury related to 5th metacarpal area of right hand. The patient reported that he is a police officer who suffered gunshot injury during crashes with smugglers in himself right hand. At arriving time into hospital, hand was neurologically intact and no vascular injury was noted. There was a distractive entrance wound in the 5th metacarpal hypothenar palmar area and a distractive exit wound on the dorsal side. The wound was irrigated and debrided. All lose bone fragments were removed. The lose area covered by distant flap of skin from the abdomen. All of the wounds were healed on postoperative 15th day.Conclusion: This report is an attempt to present the problem of firearm injury and appeal to a wide range of disciplines working to expand their knowledge and redirect new energy to address the urgent problem of firearm injury

    HER2 Overexpression in Borderline and Malignant Ovarian Tumors: A Cross-sectional Study in an Iranian Population and Literature Review

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    Background: Different studies have investigated the overexpression of human epidermal growth factor receptor 2 in ovarian cancers, in addition to the association between the level of its overexpression and tumor characteristics (tumor grade, subtype, stage, and prognosis). However, the prognostic significance of human epidermal growth factor receptor 2/neu dysregulation in epithelial ovarian tumors is controversial. The current study aims to assess human epidermal growth factor receptor 2 overexpression in different types and stages of epithelial borderline and malignant ovarian tumors in a population of Iranian patients. Methods: We conducted this cross-sectional study on 100 patients diagnosed with epithelial borderline and malignant ovarian tumors who referred to the Cancer Institute of Imam Khomeini Hospital at Tehran between 2012 and 2014. After selection of the appropriate tissue block, we prepared slides for immunohistochemical staining with the human epidermal growth factor receptor 2 marker. Human epidermal growth factor receptor 2 positivity was evaluated and scored according to Ellis and Wolff recommendations. Cases with equivocal immunohistochemical results (score 2) also underwent chromogenic in situ hybridization. Results: The most prevalent tumor in our study was serous carcinoma (54%). Human epidermal growth factor receptor 2 scores were: 0 in 69%, 1+ in 26%, 2+ in 4%, and 3+ in 1% of tumors. Chromogenic in situ hybridization examination of cases with human epidermal growth factor receptor 2 score of 2 showed negative results for human epidermal growth factor receptor 2 gene amplification. We observed no association between human epidermal growth factor receptor 2 and the level of tumor differentiation, histologic subtype, clinical stage, tumor size, and patient’s age. Conclusion: Controversial results and wide range of prevalence in human epidermal growth factor receptor 2 overexpression in different studies could be due to several causes. Technical considerations, tumor heterogeneity, and lack of standard guidelines for interpretation could influence the results. We did not find any relationship between human epidermal growth factor receptor 2 overexpression and prognostic indices of grade, clinical stage or histologic subtype as many other reports. Future studies should be conducted on larger numbers of patients with different disease stages and adequate numbers of different histologic subtypes
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