Resolving Unresolved Relationship problems – the case of Cross Border Insolvency and Pending Arbitrations

The relationship between arbitration and insolvency in a cross border context is fraught with difficulties which can blight transnational insolvency practice. This article is concerned with the judicial constructs applied (in the EU, civil law and common law traditions) to resolve the conflict between a pending arbitration in one country and forthcoming insolvency proceedings in another. Should the arbitration be allowed to continue and what law should be used to determine the issue? In the EU, it might be said that the question is largely determined by the EU Insolvency Regulation. A comparative law and teleological discussion would highlight the different imperatives adopted in the different judicial approaches to the problem. The debate has sometimes been reduced to a pro or anti arbitration dispute. This article is less concerned with that direct confrontation. Instead, it is interested in the debate about the public interest which is claimed to be maintained when arbitration is allowed or disallowed to proceed in the light of impending insolvency. It thus draws on case examples from different jurisdictions to examine the perceived judicial role to protect the public interest by controlling arbitrations in this context

Renegotiating shipping contracts and contractual remedies in times of economic hardship

There is no doubt that the economic crisis has led to an increased number of shipping and trade cases before the courts which raise the issue of economic hardship as an excuse for non-performance of the contract. As a legal concept, even in western legal systems, the cultural and normative differences pose a serious challenge for judicial and arbitral tribunals to find the right solution. The two extremes are either that hardship does not excuse performance or that it requires the contract to be modified, either judicially or by the parties. This article highlights some of these differences between the legal systems and emphasises that commercial people can and should be trusted to find solutions to the disruptive effects to contractual relations. However, commercial arrangements or solutions are only as successful as the legal system on which they are founded. This article thus aims to study the developments in European commercial law thinking which might be said to support or hinder commercial creativity and innovation. From an English law point of view, it will be demonstrated that these developments could not be said to be doctrinal developments per se, but merely a more pragmatic, as consistent with the heritage of the common law, application of the current doctrinal rules. The doctrinal challenges however could impede these pragmatic solutions as would be argued. Shipping contracts provide a useful backdrop because of their globalised and transnational nature. Of course, shipping contracts are often seen as a pure version of contracts given the presumed equal bargaining positions of both parties

Renegotiating shipping contracts in turbulent economic times

This chapter considers the legal circumstances impacting on the feasibility of the relevant parties coming together to renegotiate their shipping contracts – notably large scale contracts such as charterparties – in times of economic hardship. The imperatives of insolvency law and shipping law are not always the same. Insolvency law is pivoted on a state imposed belief that corporate assets should be protected at times of insolvency. This work attempts to prove that shipping relationships and realities do not always render the continuation of a shipping contractual relationship worth preserving and so shows and tests the tension between insolvency law and party autonomy in that regard

State detection using coherent Raman repumping and two-color Raman transfers

We demonstrate state detection based on coherent Raman repumping and a two-color Raman state transfer. The Raman coupling during detection selectively eliminates unwanted dark states in the fluorescence cycle without compromising the immunity of the desired dark state to off-resonant scattering. We demonstrate this technique using $^{137}\mathrm{Ba}^+$ where a combination of Raman coupling and optical pumping leaves the $D_{3/2}$ $\ket{F"=3,m_F"=3}$ metastable state optically dark and immune to off-resonant scattering. All other states are strongly coupled to the upper $P_{1/2}$ levels. We achieve a single shot state-detection efficiency of $89.6(3)$ in a $1\mathrm{ms}$ integration time, limited almost entirely by technical imperfections. Shelving to the $\ket{F"=3,m_F"=3}$ state before detection is performed via a two-color Raman transfer with a fidelity of $1.00(3)$

Spectroscopy on a single trapped 137Ba+ ion for nuclear magnetic octupole moment determination

We present precision measurements of the hyperfine intervals in the 5D3/2 manifold of a single trapped Barium ion, 137 Ba+ . Measurements of the hyperfine intervals are made between mF = 0 sublevels over a range of magnetic fields allowing us to interpolate to the zero field values with an accuracy below a few Hz, an improvement on previous measurements by three orders of magnitude. Our results, in conjunction with theoretical calculations, provide a 30-fold reduction in the uncertainty of the magnetic dipole (A) and electric quadrupole (B) hyperfine constants. In addition, we obtain the magnetic octupole constant (C) with an accuracy below 0.1 Hz. This gives a subsequent determination of the nuclear magnetic octupole moment, {\Omega}, with an uncertainty of 1% limited almost completely by the accuracy of theoretical calculations. This constitutes the first observation of the octupole moment in 137 Ba+ and the most accurately determined octupole moment to date.Comment: 4 pages, 3 figure

Novel Bacterial Cellulose-Poly (Acrylic Acid) Hybrid Hydrogels with Controllable Antimicrobial Ability as Dressings for Chronic Wounds.

This investigation examines the combination of poly (acrylic acid) (PAA) and bacterial cellulose (BC) nanofibers to synthesize hydrogel hybrid composites used for wound dressing application. Amoxicillin (AM) was also grafted onto the composites for drug release. Fourier transform infrared analysis and scanning electron microscopy conducted revealed the structure and porosity of the composite being developed, as well as the successful fabrication of BC-PAA composites. The results of mechanical testing and hygroscopicity revealed that the composite shows higher stability than hydrogels which are currently used worldwide, albeit with a slight reduction in swelling capabilities. However, the composite was revealed to be responsive to a rise in pH values with an increase in composite swelling and drug release. These results together with their morphological characteristics suggest that BC-PAA hydrogel hybrid composite is a promising candidate for wound dressing application