Is the party-appointed arbitrator a "pernicious institution"? A reply to Professor Hans Smit

Some readers of the Columbia FDI Perspective No. 33 of December 14, 2010 may have been surprised to read Hans Smit's contribution against party-appointed arbitrators. The opening of his Perspective could not be expressed in more sweeping terms: "In my judgment, party-appointed arbitrators should be banned unless their role as advocates for the party that appointed them is fully disclosed and accepted. Until this is done, arbitration can never meet its aspiration of providing dispassionate adjudication . . . .

Panelists, Arbitrators, Judges: A Response to Joost Pauwelyn

I must state from the outset that I am not convinced that an analysis like the one conducted by Joost Pauwelyn, though valuable from a statistical and quantitative point of view, is really apt to explain the different functioning of legal institutions, their efficiency in term of results achieved in relation to objectives, the satisfaction of the various group of users and the reasons for their being subjected to criticism. The different architecture of the trade and investment systems reflects different constituencies, objectives and needs. Praise and criticism come from different groups of users and nonusers, and they change over time due to changing perceptions, objectives, and interests

单方指定仲裁员是否是一个“缺陷制度”?

一些读过2010年12月14日第33期《国际直接投资展望》的读者想必会对Hans Smit教授关于单方制定仲裁员的观点感到惊讶。他在《展望》中措辞尖锐："我认为除非单方指定仲裁员作为该方辩护律师的身份充分公开且被各方接受，否则就应禁止当事人指定仲裁员。只有这样才有希望达成公平的裁决......

Is USMCA really “the new gold standard” of investment protection?

The international investment regime is changing, both as to substantive protections and ISDS restructuring. Are USMCA’s changes a new “gold standard?” This Perspective doubts, since they are the result of various political pressures that have led to abolishing ISDS with Canada, while introducing a double regime with Mexico

L’Unione delle Comunità ebraiche italiane tra adesione all’ebraismo ortodosso e rappresentanza di tutti gli ebrei italiani: l’Intesa del 1987 è ancora attuale?

SOMMARIO: 1 - Introduzione - 2. Il quadro pluralistico dell’ebraismo diasporico e delle sue organizzazioni - 3. Peculiarità dell’organizzazione dell’ebraismo italiano - 4. Pluralismo interno e tensioni nel contesto unitario delle Comunità - 5. Le origini storiche del peculiare assetto organizzativo dell’ebraismo italiano: l’assenza del movimento riformato in Italia e la normativa statualistica del 1930-31 - 6. La struttura unitaria e l’adesione delle Comunità all’ortodossia nello Statuto e nell’Intesa - 7. Conclusioni: la necessaria conciliazione tra pluralismo e unitarietà tra le varie anime dell’ebraismo italiano. The Union of Italian Jewish Communities between adherence to Orthodox Judaism and representation of all Jew in Italy: Is the constitutional Agreement of 1987 with the Italian State still adequate? ABSTRACT: Relations between Italian Judaism and the Italian State are governed legally by the Agreement (“Intesa”) concluded in 1987 pursuant to Article 8 of the Italian Constitution, enforced by Law No. 101 of 1989.The organization of the Italian Jewish communities and their central “Union” is governed by the By-Laws (“Statuto”) adopted by them at that time, which reflect the Intesa. In conformity also with the tradition of Italian Judaism local communities take care of all Jewish activities, religious, social or educational, and the Unione officially represents all Jews and Jewish groups. Since 1987 however, there has been an explosion of various Jewish groups and denominations in Italy, from the Lubavitch to Reformed groups, which organize themselves autonomously. These groups considers themselves part of Italian Judaism and recognize more or less the central role of the local communities and Unione. However they increasingly ask a say in the latter management.. The issue discussed in the paper is whether the unitary structure of Italian Judaism, as enshrined in Intesa and recognized by Italian public authorities, is still adequate to cope with this evolution, and whether a plurality of independent Jewish organizations, separately recognized by Italian authorities would be compatible with Article 8 of the Constitution and preferable in practice

USMCA真的是投资保护的“新黄金标准”吗?

The international investment regime is changing, both as to substantive protections and ISDS restructuring. Are USMCA’s changes a new “gold standard?” This Perspective doubts, since they are the result of various political pressures that have led to abolishing ISDS with Canada, while introducing a double regime with Mexico

Serum Albumin Is Inversely Associated With Portal Vein Thrombosis in Cirrhosis

We analyzed whether serum albumin is independently associated with portal vein thrombosis (PVT) in liver cirrhosis (LC) and if a biologic plausibility exists. This study was divided into three parts. In part 1 (retrospective analysis), 753 consecutive patients with LC with ultrasound-detected PVT were retrospectively analyzed. In part 2, 112 patients with LC and 56 matched controls were entered in the cross-sectional study. In part 3, 5 patients with cirrhosis were entered in the in vivo study and 4 healthy subjects (HSs) were entered in the in vitro study to explore if albumin may affect platelet activation by modulating oxidative stress. In the 753 patients with LC, the prevalence of PVT was 16.7%; logistic analysis showed that only age (odds ratio [OR], 1.024; P = 0.012) and serum albumin (OR, -0.422; P = 0.0001) significantly predicted patients with PVT. Analyzing the 112 patients with LC and controls, soluble clusters of differentiation (CD)40-ligand (P = 0.0238), soluble Nox2-derived peptide (sNox2-dp; P < 0.0001), and urinary excretion of isoprostanes (P = 0.0078) were higher in patients with LC. In LC, albumin was correlated with sCD4OL (Spearman's rank correlation coefficient [r(s)], -0.33; P < 0.001), sNox2-dp (r(s), -0.57; P < 0.0001), and urinary excretion of isoprostanes (r(s), -0.48; P < 0.0001) levels. The in vivo study showed a progressive decrease in platelet aggregation, sNox2-dp, and urinary 8-iso prostaglandin F2 alpha-III formation 2 hours and 3 days after albumin infusion. Finally, platelet aggregation, sNox2-dp, and isoprostane formation significantly decreased in platelets from HSs incubated with scalar concentrations of albumin. Conclusion: Low serum albumin in LC is associated with PVT, suggesting that albumin could be a modulator of the hemostatic system through interference with mechanisms regulating platelet activation

Search for dark matter produced in association with bottom or top quarks in √s = 13 TeV pp collisions with the ATLAS detector

A search for weakly interacting massive particle dark matter produced in association with bottom or top quarks is presented. Final states containing third-generation quarks and miss- ing transverse momentum are considered. The analysis uses 36.1 fb−1 of proton–proton collision data recorded by the ATLAS experiment at √s = 13 TeV in 2015 and 2016. No significant excess of events above the estimated backgrounds is observed. The results are in- terpreted in the framework of simplified models of spin-0 dark-matter mediators. For colour- neutral spin-0 mediators produced in association with top quarks and decaying into a pair of dark-matter particles, mediator masses below 50 GeV are excluded assuming a dark-matter candidate mass of 1 GeV and unitary couplings. For scalar and pseudoscalar mediators produced in association with bottom quarks, the search sets limits on the production cross- section of 300 times the predicted rate for mediators with masses between 10 and 50 GeV and assuming a dark-matter mass of 1 GeV and unitary coupling. Constraints on colour- charged scalar simplified models are also presented. Assuming a dark-matter particle mass of 35 GeV, mediator particles with mass below 1.1 TeV are excluded for couplings yielding a dark-matter relic density consistent with measurements