Enforcing foreign arbitral awards in Australia against non-signatories of the arbitration agreement

This article investigates two questions that may arise in Australian proceedings for the enforcement of a foreign arbitral award where the award-debtor is not named in the relevant arbitration agreement and asserts that it is not a party to that agreement. The first question that may be contested in those circumstances is whether the award-debtor is for some reason precluded from denying its privity to the relevant arbitration agreement. Where this is not the case, the allocation of the onus of proof with regard to the award-debtor’s privity to the agreement may become relevant. In the context of investigating these two questions, this article discusses the views expressed in IMC Aviation Solutions Pty Ltd v Altain Khuder LLC, decided in 2011 by Croft J as trial judge and then by the Victorian Court of Appeal

Real-Time Flux Density Measurements of the 2011 Draconid Meteor Outburst

During the 2011 outburst of the Draconid meteor shower, members of the Video Meteor Network of the International Meteor Organization provided, for the first time, fully automated flux density measurements in the optical domain. The data set revealed a primary maximum at 20:09 UT ± 5 min on 8 October 2011 (195.036° solar longitude) with an equivalent meteoroid flux density of (118 ± 10) × 10/km/h at a meteor limiting magnitude of +6.5, which is thought to be caused by the 1900 dust trail. We also find that the outburst had a full width at half maximum of 80 min, a mean radiant position of α = 262.2°, δ = +56.2° (±1.3°) and geocentric velocity of v = 17.4 km/s (±0.5 km/s). Finally, our data set appears to be consistent with a small sub-maximum at 19:34 UT ±7 min (195.036° solar longitude) which has earlier been reported by radio observations and may be attributed to the 1907 dust trail. We plan to implement automated real-time flux density measurements for all known meteor showers on a regular basis soon.Peer reviewedFinal Accepted Versio

Difficult Cases in Surgery of Gunshot Wounds to the Skull and Brain - A Single Center Experience

Aim: To analyze the results of treatment of patients with difficultcombat traumatic brain injuries caused by a gunshot (gTBI), todevelop practical recommendations for their treatment on the basisof personal experience and analysis of literature sources.Method: The results of treatment of 2,120 wounded May 2014 toJanuary 2017 have been analyzed. Combat gTBIs were diagnosedin 160 patients. The following groups have been referred to severegTBIs: А. By the kind of the wounding shell: bullet, multiplefragmentation mine and explosive brain injuries, B. By the natureof the wound canal: diametrical, diagonal. С. By the location of thewound canal: bilateral, transventricular, transbasal, penetratingwounds with the injury of paranasal sinuses. D. By the presenceof severe structural injuries of the brain substance: injuries ofsubcortical ganglia, brain stem, and cerebellum, extended loci ofbrain contusion and crushing, multiple loci of brain contusion andcrushing. E. By the presence of injuries of functionally importantbrain vessels: main arteries (trunks and their major branches).venous sinuses.Results: Difficult severe injuries were diagnosed in 74 (46.25%)patients out of 160 cases of combat gTBIs. 18 patients out of160 patients with gTBIs died. Mortality comprised 11.25%. Themortality rate for severe combat gTBIs is 24.3%.Conclusion: Detection at the stage of diagnosing of severe combatgTBIs takes surgical tactics and intensive therapy into the rightdirection in accordance with developed practical recommendations

Modern Concepts of Microsurgical Treatment of Large and Giant Vestibular Schwannomas

Aim: To improve the results of treating large and giant vestibularschwannomas. Method: A prospective study of surgical treatment of 67 consecutivepatients with vestibular schwannomas (VS) during the period from 2011 to 2016. All patients were operated on by the author of thestudy. The results of treatment were compared with the previousperiod (2006 - 2010). VSs were removed using the retrosigmoidapproach. The function of the facial nerve was analyzed. In addition, English sources on the Internet were analyzed. Results: Two (3%) patients with medium VS, 12 (17.9%) withmoderately large VS, 31 (46.3%) with large VS and 22 (32.8%) withgiant VS were operated on. Thus, large and giant schvannomasoccurred in 79.1% of cases. Total removal of VS was performed in59 (88.1%) cases, subtotal in 7 (10.4%), and partial in 1 (1.5%) case. In the study group 2 patients died. Postoperative mortality rate - 3%. Conclusion: In the surgical series of studies patients with large andgiant VSs, which were discovered in 79.1% of cases, predominate. The main objective of VS surgery is a maximum complete removalof the tumor while preserving function of the brain stem, bloodvessels and cranial nerves. Application of modern technologies (ultrasound aspiration, trepanation of the internal auditory canal, neuromonitoring of the facial nerve function, preoperative surgeryplanning based on multimodal operation support) allows toincrease radicality of surgeries and to improve functional outputseven for large and giant VSs

Yavaa: supporting data workflows from discovery to visualization

Recent years have witness an increasing number of data silos being opened up both within organizations and to the general public: Scientists publish their raw data as supplements to articles or even standalone artifacts to enable others to verify and extend their work. Governments pass laws to open up formerly protected data treasures to improve accountability and transparency as well as to enable new business ideas based on this public good. Even companies share structured information about their products and services to advertise their use and thus increase revenue. Exploiting this wealth of information holds many challenges for users, though. Oftentimes data is provided as tables whose sheer endless rows of daunting numbers are barely accessible. InfoVis can mitigate this gap. However, offered visualization options are generally very limited and next to no support is given in applying any of them. The same holds true for data wrangling. Only very few options to adjust the data to the current needs and barely any protection are in place to prevent even the most obvious mistakes. When it comes to data from multiple providers, the situation gets even bleaker. Only recently tools emerged to search for datasets across institutional borders reasonably. Easy-to-use ways to combine these datasets are still missing, though. Finally, results generally lack proper documentation of their provenance. So even the most compelling visualizations can be called into question when their coming about remains unclear. The foundations for a vivid exchange and exploitation of open data are set, but the barrier of entry remains relatively high, especially for non-expert users. This thesis aims to lower that barrier by providing tools and assistance, reducing the amount of prior experience and skills required. It covers the whole workflow ranging from identifying proper datasets, over possible transformations, up until the export of the result in the form of suitable visualizations

Evaluating a lost opportunity to sue

Where a defendant’s wrong deprived the plaintiff of an opportunity to bring an action and obtain a judgment against a third party, the court deciding on the defendant’s liability will determine how the action against the third party would have been decided, rather than forming a view on whether the plaintiff ought to have succeeded. The plaintiff’s loss will be assessed by reference to the degree of probability that the hypothetical action would have succeeded. Two figures must thus be determined: the likely amount that the plaintiff would have been awarded had an action against the third party been successfully brought, and the probability that such an action would have been successful. This article explores the principles governing the determination of those two figures. In addition, this article investigates how benefits obtained by the plaintiff as a result of the third party’s wrong impact upon the defendant’s liability

Retrosigmoid Approach to the Cerebellopontine Angle Tumors - A Single Center Experience with a Systematic Review of Literature

Aim: To study special features of applying the retrosigmoidsuboccipital approach (RSSA) in surgery for cerebellopontineangle (CPA) tumors, the possibilities for expanding the approach,complications and ways of their prevention.Method: The prospective analysis of the RSSA application in 112patients with CPA tumors, who were examined and treated in Mechnikov Hospital from 2010 to 2016 inclusive, has been made. All patients were operated on by the author of the study. TPC tumorswere removed using the retrosigmoid approach with the followingequipment: microscopes, electrotrepans, ultrasonic dissectoraspirator, high-frequency coagulation with bipolar coagulationtweezers, and intraoperative neuromonitoring system.Results: By applying the RSSA, we removed 67 vestibularschwannomas (VS), 4 non-vestibular schwannomas (3 schwannomasof caudal group of CNs and 1 schwannoma of trigeminal nerve), 30 CPA meningiomas, 7 epidermoid tumors, 1 hemangioblastoma, 1 chondroblastoma, 1 choroid papilloma, 1 cancer mts. Ownexperience and literature analysis allow to make the conclusionsabout advantages and disadvantages of RSSA application. Conclusion: RSSA is a safe and relatively simple technique with avery low percentage of complications. RSSA provides an excellentpanoramic examination of the entire CPA and a wide opening ofthe tumor regardless of its type and size. At all stages dissection isperformed under a direct visual control, in such a case the locationof the cranial nerves can be determined at an early stage, thusincreasing the chances of preserving the nerves and allowing radicalremoval of the tumor