154 research outputs found
Revisiting the behavioural patterns of enforcing courts reviewing foreign awards concerning strong public interests under Article V of the New York Convention 1958: from the perspective of foreign awards concerning EU competition law disputes
International commercial arbitration has unquestionably become one of the most
commonly used alternative dispute resolutions owing to the high degree of reliable
enforceability of arbitral awards, now enshrined in the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards (the ‘New York
Convention’). According to the Convention, the enforcement of an arbitral award
may be refused (other than for serious procedural violations) only when based upon
the award’s incompatibility with the public interest of the enforcing state (further
subdivided into the non-arbitrability of the subject matter of the dispute and an
award’s violation of the enforcing state’s public policy), and such incompatibility is
to be recognised in only rather exceptional circumstances.
Although this enforcement-friendly pattern, which restricts significantly the
application of a public interest defence, appears workable and generally successful in
dealing with arbitral awards in private disputes, its reliability and clarity are
inevitably challenged when international arbitration enters the public domain,
especially that of competition law. On the one hand, as competition law has generally
come to be recognised as an area of significant public policy interest and the NYC
does not enumerate subject areas which are excluded from arbitrability, it remains to
be seen whether competition law disputes are in fact amenable to resolution by
arbitration, which has become a common form of private dispute resolution. At the
same time the increasing tendency of ensuring compliance of an award with
competition policy may well come to extend the restriction binding the enforcing
court and encourage it more proactively to review an arbitral award in the area of
competition law disputes.
This thesis therefore sets out to analyse these challenges and explore a more balanced
and uniform pattern of enforcing foreign awards which concern important public
interests by focusing on EU competition law disputes. Moreover, since an arbitral
award may be reviewed by a seat court before being brought before an enforcing
court, the interrelationship between court of seat and court of enforcement is also
considered and analysed. It is found that disputes concerning public interests being
arbitrable tallies with the general trend. However, the current prevailing
enforcement-friendly pattern may not strike the appropriate balance between
enforceability and the developing tendency to ensure compliance of an arbitral award
with relevant public policy. A new reviewing pattern is thus proposed
A novel approach to robot vision using a hexagonal grid and spiking neural networks
Many robots use range data to obtain an almost 3-dimensional description of their environment. Feature driven segmentation of range images has been primarily used for 3D object recognition, and hence the accuracy of the detected features is a prominent issue. Inspired by the structure and behaviour of the human visual system, we present an approach to feature extraction in range data using spiking neural networks and a biologically plausible hexagonal pixel arrangement. Standard digital images are converted into a hexagonal pixel representation and then processed using a spiking neural network with hexagonal shaped receptive fields; this approach is a step towards developing a robotic eye that closely mimics the human eye. The performance is compared with receptive fields implemented on standard rectangular images. Results illustrate that, using hexagonally shaped receptive fields, performance is improved over standard rectangular shaped receptive fields
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