713 research outputs found
Chameleons, Unruly Horses, Golden Eagles, and Sea Dragons : The Menagerie of Public Policy Exceptions to Recognition and Enforcement of Arbitral Awards in the United States and Europe
International arbitration is an integral element of the globalized modern economy. It is the principal method of resolving commercial disputes between States, individuals, and corporations in almost every aspect of international trade.
Arbitration relies on the notion of party autonomy—that the parties to an agreement may freely choose the law applicable to their agreement and to the resolution of any dispute arising out of it. However, agreements have to be performed and arbitral awards rendered somewhere, and in the modern world in which the preeminent legal authority is the sovereign State, these actions necessarily occur under a legal framework and a public policy not shaped by the parties.
When rules of public policy are implicated in the agreement underlying a dispute in arbitration—or in the award resulting from the for arbitration proceedings, a State must navigate between the Scylla and Charybdis of lending its authority to the recognition of an agreement or enforcement of an award contrary to its fundamental principles or of appearing not to respect the principle of finality of arbitral awards underpinning the system of modern international commerce.
What route should national courts—the “watchmen of public policy”—choose? Should party autonomy cabined by respect for international public policy? Or should public policy be viewed as a safety valve utilized only in emergencies, where recognition and enforcement would be fundamentally at odds with a State’s most cherished principles and values?
This thesis details the provisions for refusal of recognition or enforcement of arbitral awards on the grounds of public policy that currently exist in major international conventions and model legislation as well as in the legislation of the United States and selected European Union Member States. The various ways in which public policy can be understood is explained, and the application of the public policy exceptions in the United States and selected European Union Member States are detailed. Finally, trends in the United States and the European Union with respect to public policy and arbitration are examined
Militaristic Nationalism and Pseudo-Religion: A Material Culture Analysis of a 1911 Ulysses S. Grant Tobacco Card
Design strategies for the exploration of product meaning in meaning-driven innovation
Design has been framed as a driver of innovation through product meaning, but it falls short when it comes to dedicated knowledge and methods directly applicable into design practices. Structured by Design Research Methodology (DRM) (Blessing and Chakrabarti 2009), this thesis combines exploratory research with practice-based design research. This thesis presents a literature review covering design studies, psychology, cognitive semantics, linguistics, marketing, innovation management and new product development. Together combined these have been used to develop a new framework of ‘product meaning’ consisting of 4 definitions: meaning as conceptualisation, as importance, as intention, and as representation. The framework has been used to demonstrate that different types of meaning are utilised throughout different stages of product development. Meaning as conceptualisation is identified as fundamental, and the most suitable, for design practice engaged in product meaning innovation. Three strategies of innovation of product meaning through product re-purposing are identified. Furthermore, from the field of cognitive science, theories and methods such as concept categorisation, thematic roles and conceptual blending are used as analysis tools for the selected 6 examples of innovative new meaning products. The structure of meaning innovations has been identified to consist of seven distinctive elements. Ten common characteristics of new meaning innovations are identified and, additionally, an exploratory method of current meanings of products is presented. Moreover, through engagement in practice-based design research a new meaning-driven design process has been developed. The findings from this research have been combined into a new design platform for an approach to meaning innovation and evaluated with experienced designers.</div
Overhauling the Good Faith Reasonable Doubt Test: Unions Should Be Obligated to Provide Annual Mandatory Polls to Determine Continuing Union Majority Status, 36 J. Marshall L. Rev. 377 (2003)
Mercados alternativos bursátiles en España y en Europa
El objetivo de este trabajo es ver cómo funciona la Bolsa de Valores y más concretamente ver el concepto, funcionamiento, evolución de los distintos mercados europeos. Estos mercados conocidos como mercados alternativos bursátiles son específicos para las pequeñas y medianas empresas que quieren cotizar en un mercado de valores en el que tener mayor prestigio e internacionalización. Dicho mercado es una herramienta de financiación para Pymes que hasta el día de hoy tenían imposible acceder a los mercados financieros. Por ello vamos a centrarnos en ver cómo son estos mercados, qué funciones realizan y para quién van dedicados, comparando entre los distintos mercados europeos que hay, centrandonos sobre todo en el MaB (Mercado alternativo Bursátil) español.Grado en Administración y Dirección de Empresa
”You’re only talking – keeping silence”. Light and shade-poem
The author of the article puts Tadeusz Dąbrowski’s poems, the poet from Gdańsk, as the subject to reflextion. The considerations include the following volumes of poetry: Te Deum (2008), Black square (2009), Between (2013). The author analyses the selected poems in reading-response criticism aspect and in the context of the theory of language mediation and the act of communication. By developing allusions to light and shade figure philosophy by Martin Heidegger as well as the analogies of Dąbrowski’s poetry to photography, he tries to show the specificity of Tadeusz Dąbrowski’s poetic output
LASER REFLECTA CE I TERFEROMETRY SYSTEM WITH A 405 M LASER DIODE FOR I SITU MEASUREME TS OF CVD DIAMO D THICK ESS
Abstract In situ monitoring of the thickness of thin diamond films during technological processes is important because it allows better control of deposition time and deeper understanding of deposition kinetics. One of the widely used techniques is laser reflectance interferometry (LRI) which enables non-contact measurement during CVD deposition. The authors have built a novel LRI system with a 405 nm laser diode which achieves better resolution compared to the systems based on He-Ne lasers, as reported so far. The system was used for in situ monitoring of thin, microcrystalline diamond films deposited on silicon substrate in PA-CVD processes. The thickness of each film was measured by stylus profilometry and spectral reflectance analysis as a reference. The system setup and interferometric signal processing are also presented for evaluating the system parameters, i.e. measurement uncertainty, resolution and the range of measurable film thickness
Zasady postępowania w urazach sportowców wyczynowych
Sports injuries occur most often in team sports, especially football, skiing, martial arts, motor sports. The most common types of injuries are fractures, sprains, damaged ligaments cross the knee and elbow ligaments. Handlinginjuries are divided into three stages: action immediately after the injury, treatment and rehabilitation. Treatment according to the injury may be operational or conservative. Arthroscopy is very important treatment’s method. In rehabilitation, there are three periods: immediately after treatment, appropriate rehabilitation period and the period of transition between rehabilitation and training, taking correctly. The problems faced by the sports physician are the pressures of rapid return to sport player and selection of the most fashionable treatments. Only the right action after injury may allow the player to return to full form
Czy nieinwazyjne monitorowanie przeszczepionego serca może zastąpić rutynową biopsję endomiokardialną?
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