Absence of the Dissenting Arbitrator’s Signature and its Effect on the Validity of the Arbitration Award

من المشاكسات الإجرائية المعتادة من بعض المُحكمين غير المُحايدين عدم قيامهم بالتوقيع على حكم التحكيم، وذلك عندما يتعدد أعضاء الهيئة، ويتجه الأغلبية نحو الحكم ضد الطرف الذي يميل إليه المحكم. فالمحكم المشاكس يستهدف بذلك التشكيك في صحة إجراءات صدور الحكم، وبالتالي التيسير على الطرف الذي يميل إليه في أن يُبطل هذا الحكم. على أن عدم توقيع المحكم قد يكون لسببٍ آخر مشروع: غير إرادي، كما في حالة وفاته؛ أو إرادي، كما في حالة عدم إشراكه في المداولة. تختلف الدول، وكذلك لوائح تحكيم مراكز التحكيم، حول مدى تطلّب توقيع كل أعضاء هيئة التحكيم، وعند التخفّف، مدى ذلك التخفّف (عددًا، وسببًا). وقد كان المُشرع القطري - قبل صدور قانون التحكيم الجديد - يتخفف من عدد التوقيعات، فيكتفي بالأغلبية، ولم يكن يتطلب تسبيب عدم توقيع الأقلية، مكتفيًا بذكر أنهم لم يوقعوا 2). على أن قانون التحكيم القطري، الصادر بالقانون رقم 2 لسنة 2017 ، قد غير من موقفه، قليلاً؛ حيث / (المادة 202 1)، وذلك نقلاً عن القانون النموذجي. / اكتفى بتوقيع الأغلبية، لكنه تطلب ذكر سبب عدم توقيع الأقلية (المادة 31 وبذلك يَحِقّ التساؤل: هل هذا النص آمر، وبالتالي يجوز الاتفاق على اللجوء إلى خلافه (كما في حال الاتفاق على اللجوء إلى تحكيم غرفة التجارة الدولية)؟ ثم، مَن الذي يثبت السبب؟ وما الموقف لو أن السبب لم يُصرح به؟ ثم، هل كل أحوال التصريح عن السبب كافية ليصدر الحكم صحيحًا بالأغلبية؟ يحاول الباحث الإجابة عن ذلك في ضوء الآراء المختلفة للفقه والقضاء المقارن، وبما يهدي القاضي القطري، بمناسبة مراقبته سبب عدم توقيع أقلية التحكيم على حكم التحكيم.Refusal to sign the arbitration award is considered as one of the procedural controversies engendered by dissenting minority arbitrators. This happens when the arbitral tribunal is made up of more than one arbitrator. The dissenting arbitrator aims, thereby, at questioning the validity of the decision and therefore facilitating the annulment of the decision by the losing party. However, the absence of signature may be due to another legitimate reason: involuntary; namely in case of the arbitrator being taken ill, or voluntary; namely in case of the arbitrator’s absence from the deliberations or proceedings. National laws on arbitration as well as the arbitration rules set by arbitration centers or institutions, in varying degrees, require the signature of all the tribunal members. The Qatari Legislator- under the old regime only required the majority’s signature. Nevertheless, an adjustment of this position has been made in the new Qatari Arbitration Law, Act 2 of 2017. According to this Law, the signature of the majority of the tribunal is deemed to be sufficient, but no reason for the absence of the minority’s signature is required according to Article 31/1. This is based on the UNCITRAL Model Law. Consequently, we may ask this question: is the award binding? Who has to provide the reasons for the absence of the minority signature? What is the consequence for the absence of reasons? Through exploring the motive behind not signing the arbitration award by the arbitration minority, this paper aims at answering the above-mentioned questions in the light of the views evoked in the jurisprudence and comparative law literature

Energy scattering for 2D critical wave equation

We investigate existence and asymptotic completeness of the wave operators for nonlinear Klein-Gordon and Schr\"odinger equations with a defocusing exponential nonlinearity in two space dimensions. A certain threshold is defined based on the value of the conserved Hamiltonian, below which the exponential potential energy is dominated by the kinetic energy via a Trudinger-Moser type inequality. We prove that if the energy is below or equal to the critical value, then the solution approaches a free Klein-Gordon solution at the time infinity. The interesting feature in the critical case is that the Strichartz estimate together with Sobolev-type inequalities can not control the nonlinear term uniformly on each time interval, but with constants depending on how much the solution is concentrated. Thus we have to trace concentration of the energy along time, in order to set up favorable nonlinear estimates, and then to implement Bourgain's induction argument. We show the same result for the "subcritical" nonlinear Schr\"odinger equation.Comment: 33 pages, submitte

THE HYDROGEN-FUELLED INTERNAL COMBUSTION ENGINES FOR MARINE APPLICATIONS WITH A CASE STUDY

Modern marine power plants have been designed to improve the overall ship’s efficiency. This pushed the designers of marine machinery to search for unconventional fuels for these plants. During the previous years, diesel oil has been extensively used on-board ships. Due to the high price of light diesel oil and the environmental problems resulting from the use of heavy fuel oil, it has become necessary to search for an alternative to traditional fuels. As a result, natural gas fuel has been used on-board some types of ships, especially short-voyage cruise ships. Unfortunately, there are still some technical and logistic problems related to the use of natural gas as a fuel, especially as it is considered a non-renewable energy source. The use of hydrogen fuel on-board ships, particularly in modern power plants may contribute to overcoming the above problems. The present paper considers the possibility of the use of hydrogen fuel for marine applications and discusses different stages of hydrogen gas cycle beginning with hydrogen generation process from clean energy until using it as fuel for internal combustion engines on-board one RO/RO ship, named Taba, operating in the Mediterranean Sea. Compared to the diesel engine, the hydrogen fuelled engine is found to be lower in thermal efficiency and fuel consumption, however, some adjustments are needed

Budesonide as a first line therapy in autoimmune hepatitis: A systematic review

BackgroundAutoimmune hepatitis (AIH) Is a chronic liver disease with female predominance. Treatment of this condition required usually a long-term corticosteroid therapy.AimsCurrent review aimed to summarize the efficacy of budesonide as a first line treatment in AIH.Methods Pub Med, ‎Google Scholar, and EBSCO ‎ databases were ‎systematically search for relevant articles. The terms ‎ ‎‎autoimmune hepatitis, budesonide, prednisolone and ‎azathioprine ‎were used. out of hundred ‎and six, only ‎five fulfilled ‎the inclusion criteria. Results Out of 106 articles, only 5 included in this review. All patients included in current review were steroid naive. Budesonide in dose of 3 mg trice a day was the used in 2 out of 5 studies both document complete platelet response in 50–80 per cent. Azathioprine was added to budesonide in 3 out of 5 studies, 60 per cent of the budesonide treated patient had a complete platelet response versus 30–40 per cent of prednisolone treated group.ConclusionIn non-cirrhotic AIH patients, budesonide was as effective as prednisolone with fewer steroid related side effects.

Global, regional, and national burden of chronic kidney disease, 1990–2017 : a systematic analysis for the Global Burden of Disease Study 2017

Background Health system planning requires careful assessment of chronic kidney disease (CKD) epidemiology, but data for morbidity and mortality of this disease are scarce or non-existent in many countries. We estimated the global, regional, and national burden of CKD, as well as the burden of cardiovascular disease and gout attributable to impaired kidney function, for the Global Burden of Diseases, Injuries, and Risk Factors Study 2017. We use the term CKD to refer to the morbidity and mortality that can be directly attributed to all stages of CKD, and we use the term impaired kidney function to refer to the additional risk of CKD from cardiovascular disease and gout. Methods The main data sources we used were published literature, vital registration systems, end-stage kidney disease registries, and household surveys. Estimates of CKD burden were produced using a Cause of Death Ensemble model and a Bayesian meta-regression analytical tool, and included incidence, prevalence, years lived with disability, mortality, years of life lost, and disability-adjusted life-years (DALYs). A comparative risk assessment approach was used to estimate the proportion of cardiovascular diseases and gout burden attributable to impaired kidney function. Findings Globally, in 2017, 1·2 million (95% uncertainty interval [UI] 1·2 to 1·3) people died from CKD. The global all-age mortality rate from CKD increased 41·5% (95% UI 35·2 to 46·5) between 1990 and 2017, although there was no significant change in the age-standardised mortality rate (2·8%, −1·5 to 6·3). In 2017, 697·5 million (95% UI 649·2 to 752·0) cases of all-stage CKD were recorded, for a global prevalence of 9·1% (8·5 to 9·8). The global all-age prevalence of CKD increased 29·3% (95% UI 26·4 to 32·6) since 1990, whereas the age-standardised prevalence remained stable (1·2%, −1·1 to 3·5). CKD resulted in 35·8 million (95% UI 33·7 to 38·0) DALYs in 2017, with diabetic nephropathy accounting for almost a third of DALYs. Most of the burden of CKD was concentrated in the three lowest quintiles of Socio-demographic Index (SDI). In several regions, particularly Oceania, sub-Saharan Africa, and Latin America, the burden of CKD was much higher than expected for the level of development, whereas the disease burden in western, eastern, and central sub-Saharan Africa, east Asia, south Asia, central and eastern Europe, Australasia, and western Europe was lower than expected. 1·4 million (95% UI 1·2 to 1·6) cardiovascular disease-related deaths and 25·3 million (22·2 to 28·9) cardiovascular disease DALYs were attributable to impaired kidney function. Interpretation Kidney disease has a major effect on global health, both as a direct cause of global morbidity and mortality and as an important risk factor for cardiovascular disease. CKD is largely preventable and treatable and deserves greater attention in global health policy decision making, particularly in locations with low and middle SDI

Burnout among surgeons before and during the SARS-CoV-2 pandemic: an international survey

Background: SARS-CoV-2 pandemic has had many significant impacts within the surgical realm, and surgeons have been obligated to reconsider almost every aspect of daily clinical practice. Methods: This is a cross-sectional study reported in compliance with the CHERRIES guidelines and conducted through an online platform from June 14th to July 15th, 2020. The primary outcome was the burden of burnout during the pandemic indicated by the validated Shirom-Melamed Burnout Measure. Results: Nine hundred fifty-four surgeons completed the survey. The median length of practice was 10 years; 78.2% included were male with a median age of 37 years old, 39.5% were consultants, 68.9% were general surgeons, and 55.7% were affiliated with an academic institution. Overall, there was a significant increase in the mean burnout score during the pandemic; longer years of practice and older age were significantly associated with less burnout. There were significant reductions in the median number of outpatient visits, operated cases, on-call hours, emergency visits, and research work, so, 48.2% of respondents felt that the training resources were insufficient. The majority (81.3%) of respondents reported that their hospitals were included in the management of COVID-19, 66.5% felt their roles had been minimized; 41% were asked to assist in non-surgical medical practices, and 37.6% of respondents were included in COVID-19 management. Conclusions: There was a significant burnout among trainees. Almost all aspects of clinical and research activities were affected with a significant reduction in the volume of research, outpatient clinic visits, surgical procedures, on-call hours, and emergency cases hindering the training. Trial registration: The study was registered on clicaltrials.gov "NCT04433286" on 16/06/2020