6 Commencement of the Arbitration (Articles 4 and 5, Schedule 1)

Author(s):  
Moser Michael ◽  
Bao Chiann

This chapter discusses the initial procedural steps in an arbitration under the HKIAC Rules. The commencement of an arbitration represents the starting point for the arbitral process. This is a critical step as the commencement is relevant to timing issues including limitation periods, and a party commencing an arbitration precludes the possibility of referring the same dispute to a court. Hence the chapter describes the form and content requirements for submitting the Notice of Arbitration (‘Notice’). It then addresses the requirements for filing an Answer to the Notice of Arbitration (‘Answer’) and the applicable time limit. Lastly, the chapter deals with payment of the Registration Fees and Administrative Fees charged by HKIAC for rendering its case administration services.

2017 ◽  
Author(s):  
Ulrich G. Schroeter

Mads Bryde Andersen & René Franz Henschel (eds.), A tribute to Joseph M. Lookofsky, Copenhagen: Djøf Publishing (2015), 335-362Article 39(2) of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) imposes a cut-off period on the buyer's remedies for the delivery of non-conforming goods, depriving the buyer of all remedies under the CISG if he has not given notice of non-conformity to the seller within two years after the goods were handed over.Despite the fact that the CISG contains no rules on the limitation of actions (prescription), courts in various jurisdictions have held that Article 39(2) CISG preempts the application of limitation periods under domestic laws that are shorter than two years. The present article challenges this approach and argues that the prevailing interpretation of Article 39(2) CISG misunderstands the provision's purpose. If construed correctly, no conflict exists between the CISG's two-year cut-off rule and shorter domestic limitation periods.


1994 ◽  
Vol 3 (1) ◽  
pp. 53-73 ◽  
Author(s):  
R Pijnenborg

The establishment of a pregnancy depends upon mechanisms of forming close contacts between embryonic/fetal and maternal tissues. The starting point is the attachment of the blastocyst to the uterine wall, and this critical step is followed by a series of different morphogenetic events leading to placentation. These processes depend on the invasive properties of extra-embryonic trophectoderm-derived cells that show their highest expression in species with haemochorial placentation, i.e. Insectivores, rodents, and primates including the human. In this review we will concentrate upon the human with occasional reference to other species.


1979 ◽  
Vol 7 ◽  
pp. 141-155
Author(s):  
Jan H. Hulstijn

Starting-point for the two pilot studies reported here was the question whether systematicity in interlanguage is the same for different types of L2 behavior. We hypothesized that: 1. If L2 learners know the correct L2 rule they make more errors (deviations from that particular L2 rule) in an oral production task in which they are pressed for time than in a task where they can speak as slowly as they want, provided that they have not yet reached the level of complete automatic mastery of the rule. In other words, under these conditions L2 learners show variability. 2. If L2 learners do not know the correct L2 rule, they make the same number of errors in the + time limit as in the - time limit task. In this case their interlanguage is invariable. These hypotheses are consistent with both skill theory (Levelt 1976) and with an early version of the Monitor Theory, which predicts that, with increasing processing time, L2 output will improve due to the monitor. In both studies we analysed word order errors in Dutch (L2) made by adult speakers of English (LI) who live in Holland and are learning Dutch. The first pilot study consisted of two longitudinal case studies (fig. I). In the second pilot study 18 Ss where scored on 3 tests: 1. A knowledge test for the L2 word order rules under investigation. Ss had to correct sentences containing word order errors. This test yielded a criterion for classifying Ss as having + or - knowledge. 2. An oral production test (retelling in L2 of passages of LI speech) with restricted time. Response length was the same as the length of the stimulus passage, i.e. about 24 seconds. 3. The same test as under 2, the difference being that Ss had ample time for their responses. Each group (+ and - knowledge according to test 1) made as many errors in test 2 as in test 3 (+ and - time limit): table 3. Thus no evidence was found for hypothesis I , which, however , does not mean that it has been falsified. Two possible explanations are offered, both in accordance with a later version of the Monitor Theory (Krashen 1979). First, Ss may have concentrated on communication rather than on grammatical correctness, in both oral tests. Second, word order rules may be so hard for most learners that their performance does not improve even when they have plenty of time for planning their utterances.


Author(s):  
Brealey Mark ◽  
George Kyla

This chapter discusses the limitation periods applicable to claims for damages, judicial review, and appeals against infringement decisions. It first considers the relevant limitation rules barring competition law infringement claims for loss and damage, with emphasis on rules relating to private actions for claims in the High Court and in the Competition Appeal Tribunal (CAT) based on infringements of competition law occurring before 9 March 2017. Limitation rules applicable to loss and damage resulting from infringements of competition law occurring on or after 9 March 2017 are also examined, along with follow-on proceedings commenced before and after 1 October 2015, and claims based on infringements after 8 March 2017. The chapter concludes with an analysis of the time limit for making appeals and judicial review in the CAT, applying for judicial review in the High Court, commencing arbitral proceedings, and seeking equitable relief.


Author(s):  
L.R. Wallenberg ◽  
J.-O. Bovin ◽  
G. Schmid

Metallic clusters are interesting from various points of view, e.g. as a mean of spreading expensive catalysts on a support, or following heterogeneous and homogeneous catalytic events. It is also possible to study nucleation and growth mechanisms for crystals with the cluster as known starting point.Gold-clusters containing 55 atoms were manufactured by reducing (C6H5)3PAuCl with B2H6 in benzene. The chemical composition was found to be Au9.2[P(C6H5)3]2Cl. Molecular-weight determination by means of an ultracentrifuge gave the formula Au55[P(C6H5)3]Cl6 A model was proposed from Mössbauer spectra by Schmid et al. with cubic close-packing of the 55 gold atoms in a cubeoctahedron as shown in Fig 1. The cluster is almost completely isolated from the surroundings by the twelve triphenylphosphane groups situated in each corner, and the chlorine atoms on the centre of the 3x3 square surfaces. This gives four groups of gold atoms, depending on the different types of surrounding.


2019 ◽  
Vol 476 (24) ◽  
pp. 3687-3704 ◽  
Author(s):  
Aphrodite T. Choumessi ◽  
Manuel Johanns ◽  
Claire Beaufay ◽  
Marie-France Herent ◽  
Vincent Stroobant ◽  
...  

Root extracts of a Cameroon medicinal plant, Dorstenia psilurus, were purified by screening for AMP-activated protein kinase (AMPK) activation in incubated mouse embryo fibroblasts (MEFs). Two isoprenylated flavones that activated AMPK were isolated. Compound 1 was identified as artelasticin by high-resolution electrospray ionization mass spectrometry and 2D-NMR while its structural isomer, compound 2, was isolated for the first time and differed only by the position of one double bond on one isoprenyl substituent. Treatment of MEFs with purified compound 1 or compound 2 led to rapid and robust AMPK activation at low micromolar concentrations and increased the intracellular AMP:ATP ratio. In oxygen consumption experiments on isolated rat liver mitochondria, compound 1 and compound 2 inhibited complex II of the electron transport chain and in freeze–thawed mitochondria succinate dehydrogenase was inhibited. In incubated rat skeletal muscles, both compounds activated AMPK and stimulated glucose uptake. Moreover, these effects were lost in muscles pre-incubated with AMPK inhibitor SBI-0206965, suggesting AMPK dependency. Incubation of mouse hepatocytes with compound 1 or compound 2 led to AMPK activation, but glucose production was decreased in hepatocytes from both wild-type and AMPKβ1−/− mice, suggesting that this effect was not AMPK-dependent. However, when administered intraperitoneally to high-fat diet-induced insulin-resistant mice, compound 1 and compound 2 had blood glucose-lowering effects. In addition, compound 1 and compound 2 reduced the viability of several human cancer cells in culture. The flavonoids we have identified could be a starting point for the development of new drugs to treat type 2 diabetes.


2020 ◽  
Vol 5 (5) ◽  
pp. 1175-1187
Author(s):  
Rachel Glade ◽  
Erin Taylor ◽  
Deborah S. Culbertson ◽  
Christin Ray

Purpose This clinical focus article provides an overview of clinical models currently being used for the provision of comprehensive aural rehabilitation (AR) for adults with cochlear implants (CIs) in the Unites States. Method Clinical AR models utilized by hearing health care providers from nine clinics across the United States were discussed with regard to interprofessional AR practice patterns in the adult CI population. The clinical models were presented in the context of existing knowledge and gaps in the literature. Future directions were proposed for optimizing the provision of AR for the adult CI patient population. Findings/Conclusions There is a general agreement that AR is an integral part of hearing health care for adults with CIs. While the provision of AR is feasible in different clinical practice settings, service delivery models are variable across hearing health care professionals and settings. AR may include interprofessional collaboration among surgeons, audiologists, and speech-language pathologists with varying roles based on the characteristics of a particular setting. Despite various existing barriers, the clinical practice patterns identified here provide a starting point toward a more standard approach to comprehensive AR for adults with CIs.


2006 ◽  
Vol 37 (3) ◽  
pp. 131-139 ◽  
Author(s):  
Juliane Degner ◽  
Dirk Wentura ◽  
Klaus Rothermund

Abstract: We review research on response-latency based (“implicit”) measures of attitudes by examining what hopes and intentions researchers have associated with their usage. We identified the hopes of (1) gaining better measures of interindividual differences in attitudes as compared to self-report measures (quality hope); (2) better predicting behavior, or predicting other behaviors, as compared to self-reports (incremental validity hope); (3) linking social-cognitive theories more adequately to empirical research (theory-link hope). We argue that the third hope should be the starting point for using these measures. Any attempt to improve these measures should include the search for a small-scale theory that adequately explains the basic effects found with such a measure. To date, small-scale theories for different measures are not equally well developed.


2005 ◽  
Vol 36 (3) ◽  
pp. 103-115 ◽  
Author(s):  
Robert A. Wicklund

Abstract: Solidarity in the classic sense pertains to a cohesion among humans that entails physical contact, shared emotions, and common goals or projects. Characteristic cases are to be found among families, close friends, or co-workers. The present paper, in contrast, treats a phenomenon of the solidarity of distance, a solidarity based in fear of certain others and in incompetence to interact with them. The starting point for this analysis is the person who is motivated to interact with others who are unfamiliar or fear-provoking. Given that the fear and momentary social incompetence do not allow a full interaction to ensue, the individual will move toward solidarity with those others on a symbolic level. In this manner the motivation to approach the others is acted upon while physical and emotional distance is retained.


PsycCRITIQUES ◽  
2006 ◽  
Vol 51 (4) ◽  
Author(s):  
Joseph L. Polman
Keyword(s):  

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