INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS

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

The Reporting of Suspicious Activity by Mobile Money Service Providers in Accordance with International Standards: How Does It Impact on Financial Inclusion?

Among the obligations which countries are required to impose upon their financial institutions under the Financial Action Task Force’s (FATF) 40 Recommendations is the obligation to report suspicions of money laundering. This Article discusses the impact that a reporting regime such as that set up in the United Kingdom in response to FATF requirements is likely to have should it be set up in developing countries seeking to regulate mobile money services. This Article argues that certain features of the U.K. suspicious activity reporting regime make it unsuitable for wholesale adoption into such a context. A one-size-fits-all approach by the FATF in establishing suspicious activity reporting obligations is likely to reduce the accessibility, affordability and attractiveness of mobile money services, thus impacting negatively upon the goal of financial inclusion

Managing the Risks of Switch Bills of Lading

This article examines the legal and commercial ramifications of issuing switch bills of lading, explores the legal risks involved in this practice, and explores how these risks may best be managed and mitigated. It analyses the circumstances in which the issue of a switch bill of lading may constitute a novation or a variation of the original contract of carriage and discusses who is entitled to request a switch and who must authorize or consent to it. It also explores title to sue and liability questions, as well as the mandatory applicability of international transport Conventions to switch bills of lading. It highlights the various commercial and legal risks of consenting to the issue of switch bills of lading and proposes ways in which these risks could be minimized, including through the adoption of electronic alternatives to bills of lading

Growth of three-dimensional structures by atomic deposition on surfaces containing defects : simulations and theory

We perform a comprehensive study of the formation of three dimensional (pyramidal) structures in a large range of conditions, including the possible evaporation of adatoms from the surface and the presence of surface defects. We compare our computer simulations to theoretical calculations of the growth and find good agreement between them. This work clarifies precedent studies of three dimensional growth and predicts the island size distributions obtained in the different regimes. Finally, we show how our analysis can be used to interpret experimental data.Comment: 15 pages, Revtex. submitted to Surface Scienc

Instability driven fragmentation of nanoscale fractal islands

Formation and evolution of fragmentation instabilities in fractal islands, obtained by deposition of silver clusters on graphite, are studied. The fragmentation dynamics and subsequent relaxation to the equilibrium shapes are controlled by the deposition conditions and cluster composition. Sharing common features with other materials' breakup phenomena, the fragmentation instability is governed by the length-to-width ratio of the fractal arms.Comment: 5 pages, 3 figures, Physical Review Letters in pres

Studies on the diencephalon of the virginia opossum.

No Abstract.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/49929/1/900770304_ftp.pd

Nanoalloying in real time: a high resolution STEM and computer simulation study

Bimetallic nanoparticles constitute a promising type of catalysts, mainly because their physical and chemical properties may be tuned by varying their chemical composition, atomic ordering, and size. Today, the design of novel nanocatalysts is possible through a combination of virtual lab simulations on massive parallel computing and modern electron microscopy with picometre resolution on one hand, and the capability of chemical analysis at the atomic scale on the other. In this work we show how the combination of theoretical calculations and characterization can solve some of the paradoxes reported about nanocatalysts: Au-Pd bimetallic nanoparticles. In particular, we demonstrate the key role played by adsorbates, such as carbon monoxide (CO), on the structure of nanoalloys. Our results imply that surface condition of nanoparticles during synthesis is a parameter of paramount importance.Fil: Mariscal, Marcelo. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - Córdoba. Instituto de Investigaciones en Físico-química de Córdoba. Universidad Nacional de Córdoba. Facultad de Ciencias Químicas. Instituto de Investigaciones en Físico-química de Córdoba; ArgentinaFil: Mayoral, Alba. Universidad de Zaragoza. Instituto de Nanociencia de Aragón; EspañaFil: Olmos Asar, Jimena Anahí. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - Córdoba. Instituto de Investigaciones en Físico-química de Córdoba. Universidad Nacional de Córdoba. Facultad de Ciencias Químicas. Instituto de Investigaciones en Físico-química de Córdoba; ArgentinaFil: Magen, César. Universidad de Zaragoza. Instituto de Nanociencia de Aragón; EspañaFil: Mejia Rosales, Sergio Javier. Universidad Autónoma de Nuevo León; MéxicoFil: Pérez Tijerina, Eduardo. Universidad Autónoma de Nuevo León; MéxicoFil: José Yacamán, Miguel. University of Texas; Estados Unido

Naturopathic Care for Chronic Low Back Pain: A Randomized Trial

OBJECTIVE: Chronic low back pain represents a substantial cost to employers through benefits coverage and days missed due to incapacity. We sought to explore the effectiveness of Naturopathic care on chronic low back pain. METHODS: This study was a randomized clinical trial. We randomized 75 postal employees with low back pain of longer than six weeks duration to receive Naturopathic care (n = 39) or standardized physiotherapy (n = 36) over a period of 12 weeks. The study was conducted in clinics on-site in postal outlets. Participants in the Naturopathic care group received dietary counseling, deep breathing relaxation techniques and acupuncture. The control intervention received education and instruction on physiotherapy exercises using an approved education booklet. We measured low back pain using the Oswestry disability questionnaire as the primary outcome measure, and quality of life using the SF-36 in addition to low back range of motion, weight loss, and Body Mass Index as secondary outcomes. RESULTS: Sixty-nine participants (92%) completed eight weeks or greater of the trial. Participants in the Naturopathic care group reported significantly lower back pain (-6.89, 95% CI. -9.23 to -3.54, p = <0.0001) as measured by the Oswestry questionnaire. Quality of life was also significantly improved in the group receiving Naturopathic care in all domains except for vitality. Differences for the aggregate physical component of the SF-36 was 8.47 (95% CI, 5.05 to 11.87, p = <0.0001) and for the aggregate mental component was 7.0 (95% CI, 2.25 to 11.75, p = 0.0045). All secondary outcomes were also significantly improved in the group receiving Naturopathic care: spinal flexion (p<0.0001), weight-loss (p = 0.0052) and Body Mass Index (-0.52, 95% CI, -0.96 to -0.08, p = 0.01). CONCLUSIONS: Naturopathic care provided significantly greater improvement than physiotherapy advice for patients with chronic low back pain. TRIAL REGISTRATION: Controlled-Trials.com ISRCTN41920953