12 The Powers of the Tribunal: (SIAC RULES 27 AND 31)

2018 ◽  
Author(s):  
Choong John
Keyword(s):  
International Arbitration ◽  
Applicable Law ◽  
History Of ◽  
The Law ◽  
First Time ◽  
Do So

This chapter discusses some of the key powers of a Singapore International Arbitration Centre (SIAC) tribunal under Rules 27 and 31. The 2016 edition of the SIAC Rules makes clear for the first time in the history of SIAC that the tribunal's prescribed powers are subject to any agreement of the parties. But that does not mean the tribunal can only exercise its powers under Rule 27 upon an agreement of the parties or after being requested to do so by a party. A tribunal can exercise its powers under Rule 27 of its own motion (i.e. sua sponte). Under Rule 31, the tribunal has the power to determine the law applicable to the substance of a dispute (in the absence of the parties having agreed the applicable law) and to determine a dispute on equitable grounds (if authorized to do so by the parties).

Solicitors and the Law of Maintenance 1590–1640

1973 ◽  
Vol 32 (1) ◽  
pp. 56-80 ◽  
Author(s):  
J. H. Baker
Keyword(s):  
History Of ◽  
The Law ◽  
First Time ◽  
The Temple

The surviving image of the Elizabethan and Jacobean solicitor was created for us by the pamphleteers and playmongers, who could be sure of immediate applause or popular sympathy by introducing into their work a few caricatures drawn from the seamier recesses of the legal world. We are encouraged by these writers to imagine a London plagued by these vermin of the law, scurrying in and around the Temple and lurking in the shadows of Westminster Hall, waiting to pounce on the unsuspecting bumpkin who had the misfortune to wander near their reach. Whether and to what extent these portraits bear any relation to reality are questions which social historians have yet to answer. Legal historians have made but a slight contribution to the history of solicitors during the period which, for them, was the most critical of all. To this period may be assigned the beginning of a process of demarcation between the functions of barristers and solicitors, and when we understand how this came about we shall have traced for the first time the origin of the solicitors' branch of the profession.

scholarly journals Civilians and insurance: approximations of reality to the law

2015 ◽  
Vol 83 (3-4) ◽  
pp. 323-364
Author(s):  
Guido Rossi
Keyword(s):  
Early Modern ◽  
Roman Law ◽  
History Of ◽  
The Subject ◽  
The Law ◽  
Do So

In the study of the history of insurance, much attention has been paid to early modern jurists. Their importance as a source for the study of the subject is, however, debatable. Early modern jurists were more interested in systematising insurance than in describing it for what it was. Their main effort lay in explaining this non-Roman contract in Roman law terms. To do so, something had to be sacrificed - reality.


6 Conduct of the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Public Policy ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Regime ◽  
Mandatory Rules ◽  
Recognition And Enforcement ◽  
The Law ◽  
Arbitral Proceedings ◽  
Do So

This chapter outlines the conduct of the tribunal and the parties during arbitration proceedings. In general, an arbitral tribunal must conduct the arbitration in accordance with the procedure agreed by the parties. If it fails to do so, the award may be set aside, or refused recognition and enforcement. However, the freedom of the parties to dictate the procedure to be followed in an international arbitration is not unrestricted. The procedure must comply with any mandatory rules and public policy requirements of the law of the juridical seat of the arbitration. It must also take into account the provisions of the international rules on arbitration, such as those of the ICC, which aim to ensure that arbitral proceedings are conducted fairly. Accordingly, a balance must be struck between the parties’ wishes concerning the procedure to be followed and any overriding requirements of the legal regime that governs the arbitration.

Captain Duff, the Sultan of Kelantan and Their Legacy in the Law of State Immunity and International Arbitration

2021 ◽  
Vol 37 (2) ◽  
pp. 463-481
Author(s):  
Lawrence Collins
Keyword(s):  
Colonial History ◽  
International Arbitration ◽  
State Immunity ◽  
House Of Lords ◽  
History Of ◽  
British Colonial ◽  
The Law

  The article links the 1927 decision of the House of Lords in Duff Development Co Ltd v Government of Kelantan to the history of Captain Duff in Kelantan and its place in British colonial history and its role in the modern law of state immunity and international arbitration.

3 Applicable Laws

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
Arbitral Tribunal ◽  
International Arbitration ◽  
Legal Rules ◽  
Applicable Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Substantive Law ◽  
Guidelines And Recommendations ◽  
Governing Law

This chapter analyses the different applicable laws that govern international arbitration. International arbitration, unlike its domestic counterpart, usually involves more than one system of law or of legal rules. It identifies five different systems of law that may have a bearing on an international arbitration in practice: the law governing the arbitration agreement and the performance of that agreement; the law governing the existence and proceedings of the arbitral tribunal (the lex arbitri); the law, or the relevant legal rules, governing the substantive issues in dispute (generally described as the ‘applicable law’, the ‘governing law’, ‘the proper law of the contract’, or ‘the substantive law’); other applicable rules and non-binding guidelines and recommendations; and the law governing recognition and enforcement of the award.

5 Applicable Law

2017 ◽  
Author(s):  
Kim Joongi
Keyword(s):  
New York ◽  
Default Rule ◽  
Private Law ◽  
International Arbitration ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
International Private Law ◽  
The Law ◽  
New York Convention

This chapter focuses on the choice and enforcement of applicable law in arbitration agreements. In international arbitration cases, Article V(1)(a) of the New York Convention provides that the validity of an arbitration agreement should be first determined under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made. Hence, if the parties have not chosen the applicable law for an arbitration agreement, ‘the default rule’ is that the law of the place of arbitration shall apply. This chapter addresses the question as it applies to Korea and considers cases where conflict or a misapplication of the law is in effect. Moreover, it also covers several cases in which courts have applied the Act on International Private Law (AIPL), Korea’s conflict-of-laws statute, to determine the applicable law.

scholarly journals Persian Mining Product (PMP) Is Future of Iranian Minerals Branding

2017 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Keyvan Jafari Tehrani ◽  
Homa Moayed Jafari
Keyword(s):  
Direct Investment ◽  
Mining Activities ◽  
Key Factors ◽  
Kingdom Of Saudi Arabia ◽  
Mining Companies ◽  
History Of ◽  
The Subject ◽  
First Time ◽  
Do So

Abstract— This electronic document is browsing across history of Iranian minerals export to clarify the key factors which helped to achieve the success or loose the chance on the subject. Iran with great reserve of minerals which consisting of 68 types has a great potential to substitute minerals export income instead of oil. This is the same scenario that Kingdom of Saudi Arabia also is planning to do so. To achieve this goal, need more attention and focus on mining activities such as exploration, extraction, production, processing of ore as well as export. During a last decade which Iran imposed under tremendous and hard European and United States sanctions, had less chance and hope to follow up this plan. But since beginning 2016 which the most of trading and business sanctions have been removed, Iran not only can equip its mines by brand new machinery and technology but may get much better interest from foreign mining companies and investors to do finance or invest as FDI (Foreign Direct Investment) in Iranian mines. Iran needs by proper planning increase share of GDP for mining production from some existing figure below 1% to above 5% to rely less on oil income, which has already had a share of 23% in Iran’s GDP. We believe to bypass this road need to create a professional brand for Iranian minerals. Hereby we are introducing for the first time a new abbreviation for branding of Iranian minerals named PMP (Persian Mining Product) as a solution for this purpose.

scholarly journals Independent Effects of Hypertension and Obesity on Left Ventricular Mass and Geometry: Evidence from the Cardiovision 2030 Study

2019 ◽  
Vol 8 (3) ◽  
pp. 370 ◽  
Author(s):  
Andrea Maugeri ◽  
Jana Hruskova ◽  
Juraj Jakubik ◽  
Martina Barchitta ◽  
Oriana Lo Re ◽  
...  
Keyword(s):  
Linear Regression Analysis ◽  
Left Ventricular ◽  
Normal Weight ◽  
Lv Mass ◽  
History Of ◽  
Independent Association ◽  
Independent Effects ◽  
Weight Loss Interventions ◽  
First Time ◽  
Do So

Obesity and hypertension independently promote pathological left ventricular remodelling (LVR) and left ventricular hypertrophy (LVH), but to what extent they do so when they do not coexist is unclear. We used data from the Cardiovision Brno 2030 study to assess—for the first time in a region where no investigations have been previously carried out—the independent association of obesity and hypertension with LV geometry, and to evaluate the effects of hypertension in normal weight patients and the effects of obesity in normotensive patients. Overall, 433 individuals, aged 25–65 years, with no history of cardiovascular disease and/or antihypertensive treatment, were stratified into four groups according to BMI and hypertension: normal weight non-hypertensive (NWNH), normal weight hypertensive (NWH), overweight/obese non-hypertensive (ONH) and overweight/obese hypertensive (OH). LVR was classified as normal, concentric LVR (cLVR), concentric LVH (cLVH) or eccentric LVH (eLVH). Linear regression analysis demonstrated that body mass index (BMI) and systolic blood pressure (SBP) are the main predictors of LV mass and that they interact: SBP had a stronger effect in overweight/obese (β = 0.195; p = 0.033) compared to normal weight patients (β = 0.134; p = 0.048). Hypertension increased the odds of cLVR (OR = 1.78; 95%CI = 1.04–3.06; p = 0.037) and cLVH (OR = 8.20; 95% CI = 2.35–28.66; p = 0.001), independent of age, sex and BMI. Stratified analyses showed that NWH had a greater odd of cLVH (OR = 7.96; 95%CI = 1.70–37.08; p = 0.008) and cLVR (OR = 1.62; 95%CI = 1.02–3.34; p = 0.047) than NWNH. In the absence of hypertension, obesity was not associated with LVM and abnormal LV geometry, suggesting that it is not per se a determinant of LVR. Thus, antihypertensive therapy still remains the first-line approach against LVH in hypertensive patients, though weight loss interventions might be helpful in those who are obese.

Renunciation

2017 ◽  
Author(s):  
Eileen H. Tamura
Keyword(s):  
United States ◽  
The United States ◽  
Public Law ◽  
Project Director ◽  
History Of ◽  
The Law ◽  
Franklin Roosevelt ◽  
First Time

This chapter recounts how President Franklin Roosevelt signed Public Law (PL) 405 on July 1, 1944, which amended the Nationality Act of 1940 to allow U.S. citizens living in the United States to renounce their citizenship during wartime. Although not stated explicitly, the law was aimed at dissident Nisei. As Manzanar Project Director Ralph Merritt remarked of the statute, “This is the first time in the history of a civilized nation that a government has permitted a citizen, during a state of war, to renounce his citizenship.” Officials had several motives for favoring such a law. Some sought to have renunciants exchanged for U.S. citizens detained in Japan. Indeed, the chairman of the House Immigration and Naturalization Committee, Samuel Dickstein, suggested that the law's provisions be publicized in the camps, to be followed by notices “calling for volunteers to go to Japan in trade for Americans.”

scholarly journals Lavoisier na sala de aula: A abordagem da história da química para o ensino da lei de conservação das massas

2019 ◽  
Vol 20 ◽  
pp. 63-72
Author(s):  
Lucas Peres Guimarães ◽  
Denise Leal de Castro
Keyword(s):  
Elementary Education ◽  
History Of Science ◽  
Conservation Of Mass ◽  
Historical Episode ◽  
History Of ◽  
The Law ◽  
The Masses ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

Resumo Lavoisier na sala de aula: A abordagem da história da para o ensino da lei de conservação das massas Esse trabalho tem como principal objetivo verificar a importância da abordagem do episódio histórico de Lavoisier para o ensino da Lei da Conservação das Massas no 9o ano do ensino fundamental em uma escola municipal de Volta Redonda (RJ). Para isso, foi construída uma sequência didática que foi dividida em três momentos, totalizando quatro aulas de cinquenta minutos. O primeiro momento tem como principal objetivo mostrar a vida de Lavoisier muito além do laboratório, buscando assim demonstrar que a vida do cientista é mais do que experimentos realizados no laboratório. No segundo momento foi trabalhada a relação de Lavoisier com a Lei da Conservação das Massas, abrindo espaço para a discussão sobre a Natureza da Ciência demonstrando como foi a superação da teoria do flogisto. O terceiro momento da sequência didática foi discutida a Lei da Conservação das Massas através de um experimento investigativo em que os alunos foram convidados a pensar o experimento com as informações históricas adquiridas. Durante a sequência didática com os discentes foram colhidas as ideias prévias que estes possuíam sobre o trabalho do cientista, demonstrado o contexto e as pessoas envolvidas com o cientista e as dificuldades encontradas por ele. O uso dessa proposta didática demonstrou ser favorável a um ambiente para proporcionar a criação de hipóteses e de questionamento por parte dos educandos, demonstrando ser possível a inserção da História da Ciência no Ensino como fio condutor de uma sequência didática em uma escola pública. Palavras-chave: Lei da Conservação das Massas. História da Ciência. Ensino de Química Abstract This work has as its main objective to verify the importance of the approach of historical episode of Lavoisier for teaching the Law of Conservation of the masses in the 9th year of elementary education in a municipal school of Volta Redonda (RJ). For this reason, it was built a didactic sequence that has been divided into three times, totaling four classes of fifty minutes. The first time it has as main objective to show the life of Lavoisier far beyond the laboratory, thus seeking to demonstrate that the life of the scientist is more than experiments conducted in the laboratory. The second time was worked on the relationship of Lavoisier with the Law of Conservation of Mass, opening up space for the discussion of the nature of science by demonstrating how was the overcoming of phlogiston theory. The third moment of the didactic sequence was discussed the Law of Conservation of the masses through an investigative experiment in which students were invited to consider the experiment with historical information acquired. During the didactic sequence with the learners were harvested the previous ideas that these were the work of a scientist, demonstrated the context and the individuals involved with the scientist and the difficulties encountered by him. The use of this didactic proposal proved to be conducive to an environment for the creation of hypotheses and questions on the part of students, demonstrating that it is possible to insert in the History of Science in education as a leitmotif of a didactic sequence in a public school. Keywords: Law of Conservation of mass. History of Science. Teaching of Chemistry

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