Part V The End of an Emergency Arbitration, 9 The Emergency Arbitrator’s Decision

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
National Court ◽  
Arbitral Tribunal ◽  
The Core ◽  
Formal Requirements

This chapter describes the emergency arbitrator's decision, which may take the form of an order or award. The challenge for the emergency arbitrator is to produce a principled and coherent decision within the prescribed timeframes, and to ensure this complies with formal requirements set out in the applicable rules. The core obligation as regards the emergency arbitrator's decision is that the emergency arbitrator should ensure that the emergency arbitration decision is valid. The majority of Emergency Arbitration Rules expressly recognise that the decision of the emergency arbitrator binds the parties when it is rendered. However, the emergency arbitrator and the arbitral tribunal are empowered to revisit that decision. Following the emergency arbitrator's decision, a party has three options to challenge it: before the emergency arbitrator; before the arbitral tribunal; or in enforcement proceedings before a national court. The chapter also considers the provisions concerning the automatic expiration of emergency arbitrator decisions, as well as the determination and allocation of the costs of the proceedings.

On Arbitral Jurisdiction. How to Deal with the Complementarity between Arbitral Tribunals and the Courts?

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Cesare Cavallini
Keyword(s):  
Arbitral Tribunal ◽  
The Core ◽  
Arbitration Process ◽  
Complementary Role ◽  
Domestic Legislation ◽  
Model Law ◽  
Core Issues ◽  
Considerable Body ◽  
Optimum Balance

Abstract Why might one argue that the arbitral tribunal should have the “competence” to rule, as of right, upon its own jurisdiction? Is this natural power consistent with the legitimacy of arbitration? Can it unquestionably achieve the greatest level of efficiency for the parties? Although a considerable body of literature has attempted to answer these questions, this article aims to address (and partially reframe) the core issues relating to arbitral jurisdiction by comparing different legal systems and operative solutions in order to search for new and valuable insights on the topic . There is no doubt, in fact, that the orthodox position traditionally starts from the assumption that access to the courts within parallel proceedings, which (also) questions the allocation of jurisdiction, is problematic also due to the risk of delaying tactics by one party. According to this line of reasoning, when the authority of the arbitrators is challenged, the balance between the legitimacy and the efficiency of the arbitration process could be conditioned by prejudices relating to the (necessary) interference of the courts with the power of the arbitral tribunal to determine its own potestas judicandi (or its lack thereof) on the merits. In an attempt to move on from the classical framing of this issue and towards a comparative evaluation of the rationales and values underlying domestic legislation on arbitral jurisdiction, considered also with reference to the provisions of the UNCITRAL Model Law, this article will seek to provide a solution that is rooted in the complementary role of the courts and of arbitral tribunals. The complementarity between arbitral tribunals and the courts will be shown to be key in securing the legitimacy of arbitration and the actual pre-eminence of this source of alternative private justice and, accordingly, also as a way of striking the optimum balance with the efficiency of the arbitration process.

Part I Overview of Emergency Arbitration, 1 The Principles of Emergency Arbitration

2021 ◽  
Author(s):  
Sim Cameron
Keyword(s):  
National Court ◽  
Arbitral Tribunal ◽  
The Third

This chapter discusses the rationale for emergency arbitration, and the fifteen core principles that are identifiable from the convergence of emergency arbitration rules. The rationale for emergency arbitration is best understood by illustrating the dilemmas which may be faced if the procedure is unavailable and a party requires urgent relief prior to the constitution of the arbitral tribunal. In the absence of emergency arbitration, a party required to resolve a dispute by arbitration and that is in need of urgent relief typically has three options to obtain it. The first option is to request the urgent measures from a national court. The second option is to commence arbitration and, subject to the parties' agreement, applicable laws, and arbitration rules, apply for the urgent measures once the tribunal is in place. The third option is to utilise other procedures, if available, to obtain urgent relief.

7 Role of National Courts during the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Status Quo ◽  
Arbitral Tribunal ◽  
Judicial Control ◽  
National Courts ◽  
The Status ◽  
Model Law ◽  
Interim Measures

This chapter examines the role that national courts play at the beginning, during, and end of arbitration proceedings. Arbitration is dependent on the support of the courts, which alone have the power to intercede when one party seeks to sabotage proceedings. This intervention may be possible at the beginning of the arbitral process in the context of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. National courts may also intervene during proceedings: it may be necessary for the arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration. Under the UNCITRAL Rules and Model Law, such orders are called ‘interim measures’. The chapter also describes how national courts exercise judicial control over the resulting award.

4 Establishment and Organisation of an Arbitral Tribunal

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Trade Association ◽  
Arbitral Tribunal ◽  
Arbitration Process ◽  
Judicial Proceedings ◽  
Professional Institution ◽  
The Creation ◽  
The Right

This chapter describes the creation of the arbitral tribunal, the step in the arbitration process that follows the decision to start arbitration. Choosing the right arbitral tribunal is critical to the success of the arbitral process. It is a choice that impacts not only on the parties to the particular dispute, but also on the reputation and standing of the process itself. It is, above all, the quality of the arbitral tribunal that makes or breaks the arbitration, and it is one of the unique factors distinguishing arbitration from national judicial proceedings. There are several different methods of appointing an arbitral tribunal, of which the chapter enumerates and discusses the six most usual: by agreement of the parties; by means of the list system; by the co-arbitrators appointing a presiding arbitrator; by a professional institution or a trade association, such as the ICC; and by a national court.

Introduction

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
The Other ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Other Hand ◽  
Principal Method ◽  
Prior Decision ◽  
Commercial Disputes

This introductory chapter discusses the judiciary problems that may arise from the increasing number of multi-fora disputes in the international arbitration. International arbitration is widely considered to be the principal method of dispute resolution for international commercial disputes, which commonly involve multiple parties, contracts, and issues. The multiplicity of the subjects involved in the disputes often results in conflicts concerning the proper forum to be applied, and give rise to the question: if a national court renders a decision on the jurisdiction of the arbitral tribunal, would the arbitrators be bound by the prior decision, or could they decide anew whether they have jurisdiction? If the arbitrators are bound by a national court judgment, the parties’ arbitration agreement may be frustrated. On the other hand, if the arbitrators are not bound by the prior judgment and decide that there is a valid arbitration agreement, parallel court and arbitration proceedings may ensue.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

A scanning electron microscopic study on dissolving process of cholesterol gallstones by chenodeoxycholic acid (CDCA)

1978 ◽  
Vol 36 (2) ◽  
pp. 522-523
Author(s):  
T. Kanetaka ◽  
M. Cho ◽  
S. Kawamura ◽  
T. Sado ◽  
K. Hara
Keyword(s):  
Electron Microscope ◽  
Chenodeoxycholic Acid ◽  
Outer Surface ◽  
Electron Microscopic ◽  
Cholesterol Gallstones ◽  
The Core ◽  
Scanning Electron Microscopic Study ◽  
Scanning Electron Microscopic ◽  
Acceleration Voltage ◽  
Scanning Electron

The authors have investigated the dissolution process of human cholesterol gallstones using a scanning electron microscope(SEM). This study was carried out by comparing control gallstones incubated in beagle bile with gallstones obtained from patients who were treated with chenodeoxycholic acid(CDCA).The cholesterol gallstones for this study were obtained from 14 patients. Three control patients were treated without CDCA and eleven patients were treated with CDCA 300-600 mg/day for periods ranging from four to twenty five months. It was confirmed through chemical analysis that these gallstones contained more than 80% cholesterol in both the outer surface and the core.The specimen were obtained from the outer surface and the core of the gallstones. Each specimen was attached to alminum sheet and coated with carbon to 100Å thickness. The SEM observation was made by Hitachi S-550 with 20 kV acceleration voltage and with 60-20, 000X magnification.

The Structure and Development of Microbodies in the Fat Body and other Tissues of an Insect (Calpodes Ethlius)

1970 ◽  
Vol 28 ◽  
pp. 148-149
Author(s):  
M. Locke ◽  
J. T. McMahon
Keyword(s):  
Electron Microscopy ◽  
Liquid Crystals ◽  
Fat Body ◽  
Competitive Inhibitor ◽  
Dense Core ◽  
Urate Oxidase ◽  
Blood Proteins ◽  
Free Base ◽  
The Core ◽  
The Matrix

The fat body of insects has always been compared functionally to the liver of vertebrates. Both synthesize and store glycogen and lipid and are concerned with the formation of blood proteins. The comparison becomes even more apt with the discovery of microbodies and the localization of urate oxidase and catalase in insect fat body.The microbodies are oval to spherical bodies about 1μ across with a depression and dense core on one side. The core is made of coiled tubules together with dense material close to the depressed membrane. The tubules may appear loose or densely packed but always intertwined like liquid crystals, never straight as in solid crystals (Fig. 1). When fat body is reacted with diaminobenzidine free base and H2O2 at pH 9.0 to determine the distribution of catalase, electron microscopy shows the enzyme in the matrix of the microbodies (Fig. 2). The reaction is abolished by 3-amino-1, 2, 4-triazole, a competitive inhibitor of catalase. The fat body is the only tissue which consistantly reacts positively for urate oxidase. The reaction product is sharply localized in granules of about the same size and distribution as the microbodies. The reaction is inhibited by 2, 6, 8-trichloropurine, a competitive inhibitor of urate oxidase.

Exsolution and inversion in pigeonite from the Whin Sill, Northern England

1978 ◽  
Vol 36 (1) ◽  
pp. 474-475
Author(s):  
P.P.K. Smith
Keyword(s):  
High Temperature ◽  
Low Temperature ◽  
Homogeneous Nucleation ◽  
Silicate Mineral ◽  
Antiphase Boundaries ◽  
Two Phase ◽  
Primitive Form ◽  
The Core ◽  
Nucleation Mechanisms ◽  
And Inversion

Grains of pigeonite, a calcium-poor silicate mineral of the pyroxene group, from the Whin Sill dolerite have been ion-thinned and examined by TEM. The pigeonite is strongly zoned chemically from the composition Wo8En64FS28 in the core to Wo13En34FS53 at the rim. Two phase transformations have occurred during the cooling of this pigeonite:- exsolution of augite, a more calcic pyroxene, and inversion of the pigeonite from the high- temperature C face-centred form to the low-temperature primitive form, with the formation of antiphase boundaries (APB's). Different sequences of these exsolution and inversion reactions, together with different nucleation mechanisms of the augite, have created three distinct microstructures depending on the position in the grain.In the core of the grains small platelets of augite about 0.02μm thick have farmed parallel to the (001) plane (Fig. 1). These are thought to have exsolved by homogeneous nucleation. Subsequently the inversion of the pigeonite has led to the creation of APB's.

Intramitochondrial Viruses of Reptilian Cell Origin

1972 ◽  
Vol 30 ◽  
pp. 318-319
Author(s):  
Philip D. Lunger ◽  
H. Fred Clark
Keyword(s):  
Particle Production ◽  
Outer Zone ◽  
Density Variation ◽  
Core Region ◽  
Mitochondrial Membranes ◽  
Virus Particles ◽  
The Core ◽  
Vipera Russelli ◽  
Maturation Stages ◽  
Type Particle

In the course of fine structure studies of spontaneous “C-type” particle production in a viper (Vipera russelli) spleen cell line, designated VSW, virus particles were frequently observed within mitochondria. The latter were usually enlarged or swollen, compared to virus-free mitochondria, and displayed a considerable degree of cristae disorganization.Intramitochondrial viruses measure 90 to 100 mμ in diameter, and consist of a nucleoid or core region of varying density and measuring approximately 45 mμ in diameter. Nucleoid density variation is presumed to reflect varying degrees of condensation, and hence maturation stages. The core region is surrounded by a less-dense outer zone presumably representing viral capsid.Particles are usually situated in peripheral regions of the mitochondrion. In most instances they appear to be lodged between loosely apposed inner and outer mitochondrial membranes.

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