A Guide to the ICDR International Arbitration Rules

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Life Cycle ◽  
Dispute Resolution ◽  
Comparative Perspective ◽  
International Division ◽  
International Arbitration ◽  
Thematic Structure ◽  
Key Issues ◽  
Information Practice ◽  
Fee Schedule ◽  
The Relationship

The International Centre for Dispute Resolution (ICDR) is the international division of the American Arbitration Association (AAA). Given that in excess of 600 arbitrations are now administered every year under the ICDR Rules, this book answers the need for a comprehensive comparative guide devoted to them. This second edition is fully revised and updated throughout to reflect all changes and updates to the Rules since the first edition published. The ICDR International Arbitration Rules are structured in accordance with the typical life cycle of an international arbitration and the book follows this thematic structure, providing cross-referencing to assist the reader in understanding the relationship between the various rules and genuine issues likely to be encountered during an arbitration. The commentary embraces each of the Articles in their entirety, as well as the Expedited Procedure Articles, and includes discussion of how each provision compares to analogous rules of other major arbitral institutions. The book’s comparative perspective emphasizes key issues to consider when drafting an arbitral clause or strategizing over the conduct of an arbitration. This second edition features multiple appendices and difficult-to-find resources to form a collection of core materials which include the ICDR Rules, the administrative fee schedule, guidelines for exchanges of information, practice notes, and key AAA cooperation agreements with other institutions.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

Part I Overview of Emergency Arbitration, 2 The Foundations of Emergency Arbitration

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
Dispute Resolution ◽  
Rapid Rise ◽  
International Division ◽  
International Arbitration ◽  
Interim Measures

This chapter traces the foundations of emergency arbitration, from the historic opposition to, and subsequent rapid rise of, interim measures in international arbitration, of which emergency arbitration represents the pinnacle. The concept of emergency arbitration first appeared in the rules of the American Arbitration Association (AAA), and then the International Centre for Dispute Resolution (ICDR), which is the international division of the AAA. The ICDR set ambitious standards, providing for the appointment of an emergency arbitrator within one business day of receipt of the application, and for the establishment of a procedural timetable within two business days of that appointment, but otherwise not prescribing any timeframe within which the emergency arbitrator's decision must be issued. As it transpired, the ICDR Rules (2006) not only set the emergency arbitration scene, but they also clearly defined the landscape. Statistics illustrate that emergency arbitration has filled a void in international arbitration, and that it is becoming increasingly popular.

Business: Making Cents of Coding Systems: Billing for Professional Services

2010 ◽  
Vol 20 (1) ◽  
pp. 3-8
Author(s):  
Dee Adams Nikjeh
Keyword(s):  
Professional Services ◽  
Speech Language Pathology ◽  
Coding Systems ◽  
Language Pathology ◽  
Program Funding ◽  
Fee Schedule ◽  
Procedure Codes ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

Abstract Administrators and supervisors face daily challenges over issues such as program funding, service fees, correct coding procedures, and the ever-changing healthcare regulations. Receiving equitable reimbursement for speech-language pathology and audiology services necessitates an understanding of federal coding and reimbursement systems. This tutorial provides information pertaining to two major healthcare coding systems and explains the relationship of these systems to clinical documentation, the Medicare Physician Fee Schedule and equitable reimbursement. An explanation of coding edits and coding modifiers is provided for use in those occasional atypical situations when the standard use of procedural coding may not be appropriate. Also included in this tutorial is a brief discussion of the impact that the Medicare Improvements for Patients and Providers Act of 2008 (HR 6331 Medicare Improvements for Patients and Providers Act [MIPPA], 2008) has had on the valuation of speech-language pathology procedure codes.

‘The Oral Versus The Written’

Moreana ◽  
2008 ◽  
Vol 45 (Number 175) (3) ◽  
pp. 14-50 ◽  
Author(s):  
Brian Cummings
Keyword(s):  
Religious Practice ◽  
Philosophical Argument ◽  
Key Issues ◽  
Confessional Identity ◽  
The Relationship

The relationship between scripture and tradition has always been recognised as central to the controversy between More and Tyndale in the late 1520s and early 1530s. It was already one of the key issues in the English campaign against Luther instigated in 1521, and in the 1540s became one of the lynchpins of confessional identity both among Catholic theologians at Trent and in the English reformed articles of 1553. This is often seen as a doctrinal issue, but beneath the surface it can also be seen as part of a profound philosophical argument about the authority of oral and written evidence, an argument which goes back to the origins of Jewish and Christian religious practice and which continues to haunt the ecumenical concerns of today.

scholarly journals More than a method: trusting relationships, productive tensions, and two-way learning as mechanisms of authentic co-production

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Sarah E. Knowles ◽  
Dawn Allen ◽  
Ailsa Donnelly ◽  
Jackie Flynn ◽  
Kay Gallacher ◽  
...  
Keyword(s):  
Patient Involvement ◽  
Ways Of Knowing ◽  
Knowledge Mobilisation ◽  
Academic Knowledge ◽  
Willingness To Change ◽  
Different Types ◽  
Hybrid Knowledge ◽  
Key Issues ◽  
Field Notes ◽  
The Relationship

Abstract Background Knowledge mobilisation requires the effective elicitation and blending of different types of knowledge or ways of knowing, to produce hybrid knowledge outputs that are valuable to both knowledge producers (researchers) and knowledge users (health care stakeholders). Patients and service users are a neglected user group, and there is a need for transparent reporting and critical review of methods used to co-produce knowledge with patients. This study aimed to explore the potential of participatory codesign methods as a mechanism of supporting knowledge sharing, and to evaluate this from the perspective of both researchers and patients. Methods A knowledge mobilisation research project using participatory codesign workshops to explore patient involvement in using health data to improve services. To evaluate involvement in the project, multiple qualitative data sources were collected throughout, including a survey informed by the Generic Learning Outcomes framework, an evaluation focus group, and field notes. Analysis was a collective dialogic reflection on project processes and impacts, including comparing and contrasting the key issues from the researcher and contributor perspectives. Results Authentic involvement was seen as the result of “space to talk” and “space to change”. "Space to talk" refers to creating space for shared dialogue, including space for tension and disagreement, and recognising contributor and researcher expertise as equally valuable to the discussion. ‘Space to change’ refers to space to adapt in response to contributor feedback. These were partly facilitated by the use of codesign methods which emphasise visual and iterative working, but contributors emphasised that relational openness was more crucial, and that this needed to apply to the study overall (specifically, how contributors were reimbursed as a demonstration of how their input was valued) to build trust, not just to processes within the workshops. Conclusions Specific methods used within involvement are only one component of effective involvement practice. The relationship between researcher and contributors, and particularly researcher willingness to change their approach in response to feedback, were considered most important by contributors. Productive tension was emphasised as a key mechanism in leading to genuinely hybrid outputs that combined contributor insight and experience with academic knowledge and understanding.

Innovation and Corporate Social Responsibility in SMEs

2015 ◽  
Vol 808 ◽  
pp. 359-363
Author(s):  
Cristina Feniser ◽  
Florin Lungu
Keyword(s):  
Corporate Social Responsibility ◽  
Life Cycle ◽  
Open Innovation ◽  
Social Goals ◽  
New Approach ◽  
Rational Management ◽  
Corporate Social ◽  
Qualitative Exploration ◽  
Whole Life Cycle ◽  
The Relationship

So far little attention has been given the differences or the compatibilities between CSR and innovation. Few works treats CSR in combination with innovation. What exactly is the relationship between CSR and innovation? Recent phenomena such as open innovation is based on the concept that the stakeholder's dialogue that overlaps with some dimensions of CSR. Being innovative means to bring organizational and technical improvements which will translate into a better position in the market. These improvements don't just aim the product, but the process by which it is obtained and its whole life-cycle. We're talking about a new approach to innovation, namely its orientation towards sustainability. Although SMEs have many features which facilitate implementation of CSR, activities of this type in such organizations are still limited. SMEs managers often make choices that are related to rational management. This leads to divergence between economical and social goals. Through a qualitative exploration of the concepts of CSR and innovation, we wanted to find out from some managers whether there is a link between innovation and CSR in SMEs and whether the activities corresponding to the two concepts overlap in a certain measure.

scholarly journals The survival of business takeovers and new venture start-ups

2020 ◽  
Vol 29 (3) ◽  
pp. 797-826
Author(s):  
Guoqian Xi ◽  
Jörn Block ◽  
Frank Lasch ◽  
Frank Robert ◽  
Roy Thurik
Keyword(s):  
Life Cycle ◽  
Survival Rate ◽  
Firm Survival ◽  
Organizational Ecology ◽  
New Venture ◽  
Firm Characteristics ◽  
Entry Modes ◽  
Survival Patterns ◽  
Start Ups ◽  
The Relationship

Abstract Business takeovers and new venture start-ups are two important and distinct entry modes of entrepreneurship. They differ from resource-based and organizational ecology perspectives. We compare firm survival patterns and determinants associated with the two entry modes. From two large French datasets, we find that business takeovers have a higher survival rate than new venture start-ups. However, these differences in survival probability reduce over the entrepreneurship life cycle and when controlling for different entrepreneur and firm characteristics. Moreover, we identify differences in determinants of survival for the two groups, highlighting a distinction between the two entrepreneurship entry modes. This work contributes to the literature on the relationship between entrepreneurship entry and firm survival, thereby contributing to both entrepreneurship and firm survival research.

Economic and Social Rights, Budgets and the Convention on the Rights of the Child

2013 ◽  
Vol 21 (2) ◽  
pp. 248-277 ◽  
Author(s):  
Aoife Nolan
Keyword(s):  
Decision Making ◽  
Social Rights ◽  
Child Rights ◽  
Rights Of The Child ◽  
Budget Analysis ◽  
Key Issues ◽  
Significant Obstacle ◽  
The Right ◽  
The Relationship

Recent years have seen an explosion in methodologies for monitoring children’s economic and social rights (ESR). Key examples include the development of indicators, benchmarks, child rights-based budget analysis and child rights impact assessments. The Committee on the Right of the Child has praised such tools in its work and has actively promoted their usage. Troublingly, however, there are serious shortcomings in the Committee’s approach to the ESR standards enshrined in the UN Convention on the Rights of the Child (CRC), which threaten to impact upon the efficacy of such methodologies. This article argues that the Committee has failed to engage with the substantive obligations imposed by Article 4 and many of the specific ESR guaranteed in the CRC in sufficient depth. As a result, that body has not succeeded in outlining a coherent, comprehensive child rights-specific ESR framework. Using the example of child rights-based budget analysis, the author claims that this omission constitutes a significant obstacle to those seeking to evaluate the extent to which states have met their ESR-related obligations under the CRC. The article thus brings together and addresses key issues that have so far received only very limited critical academic attention, namely, children’s ESR under the CRC, the relationship between budgetary decision-making and the CRC, and child rights-based budget analysis.

Introduction

2016 ◽  
pp. xvi-22
Author(s):  
Linda Kalof
Keyword(s):  
Public Policy ◽  
Political Theory ◽  
Animal Studies ◽  
Cultural Representations ◽  
Key Issues ◽  
The Relationship ◽  
Animal Question

This chapter introduces the field of animal studies as an interdisciplinary scholarly endeavor to understand the relationship humans have with other animals. That relationship is mapped into five major categories, reflected in the titles of each of the handbook’s five parts: “Animals in the Landscape of Law, Politics and Public Policy”; “Animal Intentionality, Agency, and Reflexive Thinking”; “Animals as Objects in Science, Food, Spectacle and Sport”; “Animals in Cultural Representations”; and “Animals in Ecosystems.” The chapters in each part are summarized and key issues in the “animal question” are explicated. Chapter topics include animals in research, entertainment, law, political theory, public policy, agency, tourism and ecology. Concluding remarks include an appeal for altruistic coexistence for all beings in the earth’s ecosystem.

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