PUBLIC POLICY DEFENSE IN INTERNATIONAL COMMERCIAL ARBITRATION

The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and transnational public policy. Chapter III discusses the legal history of the New York Convention and analyzes the role of the public policy exception under the Convention. Chapter IV gives an overview of the judicial application of the public policy exception in the United States. The case law shows that American courts narrowly read public policy defense in determining the arbitrability of subject matters, the propriety of arbitration procedures and the content of arbitration awards. This Chapter also analyzes why American courts adhere to a narrow construction of public policy defense. Chapter V examines how Chinese courts apply the public policy exception in practice. It seems that Chinese courts broadly, sometimes even incorrectly, invoke the public policy exception to refuse enforcement of arbitration agreements or arbitral awards though enacted laws indicate a narrow construction. Chapter VI discusses the role of the public policy exception in the future. It seems unlikely that the public policy exception will be removed from international arbitration any time soon. However, the tendency of narrowly reading the public policy exception has created the basis for the development of the notion of a transnational public policy, a policy that would facilitate predictability in international commercial arbitration

Shape-based invariant features extraction for object recognition

International audienceThe emergence of new technologies enables generating large quantity of digital information including images; this leads to an increasing number of generated digital images. Therefore it appears a necessity for automatic systems for image retrieval. These systems consist of techniques used for query specification and re-trieval of images from an image collection. The most frequent and the most com-mon means for image retrieval is the indexing using textual keywords. But for some special application domains and face to the huge quantity of images, key-words are no more sufficient or unpractical. Moreover, images are rich in content; so in order to overcome these mentioned difficulties, some approaches are pro-posed based on visual features derived directly from the content of the image: these are the content-based image retrieval (CBIR) approaches. They allow users to search the desired image by specifying image queries: a query can be an exam-ple, a sketch or visual features (e.g., colour, texture and shape). Once the features have been defined and extracted, the retrieval becomes a task of measuring simi-larity between image features. An important property of these features is to be in-variant under various deformations that the observed image could undergo. In this chapter, we will present a number of existing methods for CBIR applica-tions. We will also describe some measures that are usually used for similarity measurement. At the end, and as an application example, we present a specific ap-proach, that we are developing, to illustrate the topic by providing experimental results

The kinematics of bend-induced mixing in micro-conduits

The absence of turbulence and the difficulty associated with introducing moving components into microfluidic systems make the mixing problem in microdevices challenging. We studied steady, laminar, incompressible flow through a sequence of conduits with rectangular cross-sections aligned to form 90o with each other. The feasibility of taking advantage of bend-induced vortices to stir the fluid and enhance the mixing process was evaluated theoretically and experimentally. Since at very low Reynolds numbers the bend-induced vortices decay rapidly, it was necessary to utilize a large number of bends to achieve the desired effects. Since it is not practical to directly simulate the flow through a large number of bends, we borrowed Jones et. al.\u27s (1989) idea of constructing a two-dimensional map to project fluid particles from a cross-section upstream of the bend to a cross-section downstream of the bend. This map was then applied repetitively to trace particle trajectories in various bend arrangements. Under certain conditions, chaotic advection was predicted. A prototype of a stirrer was fabricated with low temperature co-fired ceramic tapes

2-D shapes description by using features based on the differential turning angle scalogram

International audienceA 2-D shape description using the turning angle is presented 1 . This descriptor is based on a scalogram obtained from a progressive filtering of a planar closed contour. At a given scale, the differential turning angle function is calculated from which, three essential points are derived: the minimum differential-turning angle (α-points), the maximum differential-turning angle (β-points) and the zero-crossing of the turning angle (γ-points). For a continuum of the scale values in the filtering process, a map (called d-TASS map) is generated. As shown experimentally in a previous study, this map is invariant under rotation, translation and scale change. Moreover, it is shearing and noise resistant. The contribution of the present study is firstly, to prove theoretically that d-TASS is rotation and scale change invariant and secondly to propose a new descriptor extracted from the blocks within the scalogram. When applied to shape retrieval from commonly used image databases like MPEG-7 Core Experiments Shape-1 dataset, Multiview Curve Dataset and marines animals of SQUID dataset, experimental results yield very encouraging efficiency and effectiveness of the new analysis approach and the proposed descriptor