Part 2 Specific Issues of Arbitration in Brazil, 17 Construction Contracts between Private Parties

2020 ◽  
Author(s):  
Tolentino Augusto
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Technical Knowledge ◽  
Arbitral Tribunal ◽  
Construction Contracts ◽  
Construction Claims ◽  
The Subject ◽  
Arbitral Proceedings ◽  
Almost All

This chapter describes arbitration involving construction contracts in Brazil. Construction contracts are known for being highly specialized in their form and use of terminology. Among the features of these contracts is the wide use of arbitration as a method of resolving disputes arising in connection with them, especially disputes requiring in-depth technical knowledge. The Brazilian Arbitration Law (BAL) provides that ‘all persons capable of entering into contracts can resort to arbitration to settle disputes referring to transferable property rights and claims. It can be affirmed that almost all construction contracts contemplate these types of rights and claims, which allow the use of arbitration to resolve any disputes arising in connection with those contracts. Moreover, the possibility of having a specialist who knows the subject matter in dispute sitting on the arbitral tribunal is perhaps the greatest advantage of arbitration. With respect to construction claims, this advantage becomes even more salient given the complexity of such claims. The chapter then studies each step of arbitral proceedings concerning construction contracts in Brazil, especially those conducted between private parties.

Culture

2020 ◽  
pp. 45-63
Author(s):  
Mbosowo Bassey Udok
Keyword(s):  
Subject Matter ◽  
Human Existence ◽  
Technical Knowledge ◽  
Human Beings ◽  
Cultural Backgrounds ◽  
Patterns Of Behavior ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
The Impact

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.

Cartographies of Indian Cinema

2020 ◽  
pp. 235-249
Author(s):  
Lipika Kankaria ◽  
Sutanuka Banerjee
Keyword(s):  
Subject Matter ◽  
Modern Technology ◽  
Social Implications ◽  
Technical Knowledge ◽  
Indian Cinema ◽  
The Subject

The origin of cinema in India has transnational roots and can be traced back to as early as the 1920s. The multicultural connections were not only evident in terms of the cast and the crew but also in terms of the reach of the subject matter as portrayed on screen that had a global appeal. Application of modern technology and interactions between communities created a glocal space that transcended geopolitical boundaries. It is also interesting to note how actors and filmmakers from other nationalities became an integral part of these narratives. This culminated in an excellent combination of foreign technical knowledge and the creativity of the Indian film fraternity that produced an array of unforgettable masterpieces. This chapter attempts to chart the history and map the course of Indian cinema by applying a transnational lens and reexamining the cultural and social implications of these films. Moreover, it aims to situate the evolution of Indian cinema, keeping in view the intersection of gender, race, class, religion, and other categories.

Ch.3 International Exhaustion of Rights

2020 ◽  
Author(s):  
Correa Carlos Maria
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
Dispute Settlement ◽  
Foreign Market ◽  
Trips Agreement ◽  
Parallel Imports ◽  
The Subject ◽  
Domestic Law

This chapter focuses on the issue of exhaustion of rights. Article 6 disclaims any intent in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement to limit the Members’ freedom to regulate the issue of exhaustion of rights with regard to all types of intellectual property rights (IPRs). It declares the admissibility of the international exhaustion of rights, that is, the possibility of legally importing into a country a product protected by intellectual property rights, after the product has been legitimately put on the market in a foreign market. These imports—made by a party without the authorization of the title-holder but equally legal—are generally known as ‘parallel imports’. Moreover, Article 6 of the TRIPS Agreement has left Member countries freedom to incorporate the principle of exhaustion of rights into their domestic law with a national, regional, or international reach. The issue as such cannot be the subject matter of a dispute settlement under the Agreement.

Part III Jurisdiction, Foreign Judgments and Awards, 14 Limitations on Jurisdiction

2017 ◽  
Author(s):  
Torremans Paul
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Subject Matter ◽  
The Subject

This chapter discusses the limitations of the English courts' jurisdiction under the traditional rules. It first considers three types of limitations: limitations that affect the subject matter of the issue, limitations that affect the kind of relief sought, and limitations relating to persons between whom the issue is joined. It also explains limitations on jurisdiction imposed by certain statutes before addressing jurisdiction in respect of foreign property such as foreign immovables and intellectual property rights. Furthermore, it describes jurisdiction over the parties, focusing on persons who cannot invoke the jurisdiction and those who may claim exemption from the jurisdiction. The chapter concludes with an overview of statutory limitations on jurisdiction.

Ten Years of the Botswana Matrimonial Causes Act—Further Proposals for Divorce Reform

1982 ◽  
Vol 26 (2) ◽  
pp. 163-176
Author(s):  
A. J. G. M. Sanders
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Frame Of Reference ◽  
Customary Law ◽  
National Assembly ◽  
High Court ◽  
The Subject ◽  
Court Of Appeal

The Matrimonial Causes Act, 1 of 1973 (Cap. 29:07 of the Laws of Botswana) was passed by the National Assembly on 27 October, 1972. It was assented to by the then President of Botswana, the late Sir Seretse Khama, on 2 February, 1973, and entered into force a week later on 9 February, 1973. The Act applies to civil marriages only, i.e. marriages concluded in terms of the Marriage Act (Cap. 29:01); customary law marriages have been excluded from its operation. As its short title indicates, the Act deals with matrimonial causes, that is to say divorce, judicial separation and the annulment of marriages and matters incidental thereto such as the property rights of spouses, custody, guardianship, maintenance and the jurisdiction of the courts.During its first 10 years of existence the Act has been the subject-matter of many a decision of the High Court and provisions of it have been considered also by the Court of Appeal. Most of these decisions deal with divorce. In academic circles, too, the Act received attention, witness the review by Chris Himsworth in theJournal of African Law. This review was written immediately after the Act came into force. An updated account is therefore appropriate. As I intend to approach the Act from a broader historical and jurisprudential angle, I will deal with it afresh rather than use Himsworth's penetrating but positivistic analysis as a frame of reference.

III. Provisional Measures under the Brussels Convention

1999 ◽  
Vol 48 (4) ◽  
pp. 970-972
Author(s):  
Wendy Kennett
Keyword(s):  
Subject Matter ◽  
National Court ◽  
Brussels Convention ◽  
Protective Measures ◽  
European Court ◽  
Provision Of Services ◽  
The Subject ◽  
Arbitral Proceedings ◽  
Definition Of

The definition of provisional and protective measures and the scope of Article 24 of the 1968 Brussels Convention were matters addressed by the European Court in Case C–391/95, Van Uden Maritime BV v. KG in Firma-Decoline. The plaintiff was seeking interim payment under a contract even though the dispute over payment had been referred to arbitration. As an initial issue the European Court noted that the existence of arbitral proceedings on the merits did not take the dispute over provisional measures out of the scope of the Convention. The subject-matter of the dispute, which was determinative in establishing the applicability of the Convention, was payment under a contract for the provision of services. The existence of an arbitration agreement was, nevertheless, found relevant by the Court. The Court noted that normally a national court with jurisdiction to hear the merits of a case would also have jurisdiction to hear any application for provisional or protective measures. Where the proceedings had validly been referred to arbitration, however, no national court would have jurisdiction to hear the merits of the case under the Convention. Article 24 was then the only basis on which a court might assume jurisdiction to grant provisional measures.

De Moeilijkheidsgraad Van Technische Vertalingen

1993 ◽  
Vol 45 ◽  
pp. 21-24
Author(s):  
Frans van Zaaien
Keyword(s):  
Subject Matter ◽  
Product Liability ◽  
Technical Knowledge ◽  
Source Text ◽  
Technical Translation ◽  
The Subject ◽  
The Way

Have you ever had problems reading the directions for using a newly bought piece of equipment? If so, than apparently it was a translation that gave the translator difficulties. The degree of difficulty of a translation is determined by various factors, and depends not only on the knowledge the translator has of the subject matter and its specific jargon. It can also depend on the way in which the source text was delivered, e.g. without explaining figures, and equally on the technical knowledge the eventual reader possesses. The term "degree of difficulty" is therefore relative and can have a different value, dependent on the task. A further problem with technical translations for consumers is the product liability that is going to be more and more an essential part of directions for use. This article addresses the question of what can be considered a good technical translation.

Part I Commentary on the ICDR International Rules, 19 Article 19—Arbitral Jurisdiction

2019 ◽  
Author(s):  
Gusy Martin F ◽  
Hosking James M
Keyword(s):  
Subject Matter ◽  
Arbitral Tribunal ◽  
The Subject

This chapter looks at Article 19 of the ICDR Rules. An arbitral tribunal must consider whether it has jurisdiction over the subject matter of any dispute that comes before it. Article 19 provides the tribunal with authority to determine this preliminary question by deciding any objections to its jurisdiction relating to the ‘existence, scope, or validity of the arbitration agreement’. Under Article 19(3), jurisdictional objections must be made no later than the filing of the Answer to a particular claim, counterclaim, or set-off. Meanwhile, Article 19(4) is a new provision added to the ICDR Rules with the 2014 amendments to make clear that objections to jurisdiction will not prevent the ICDR from administrating the case in the preliminary stages of the arbitration, including for purposes of constituting the tribunal.

4 The Arbitral Proceedings

2016 ◽  
Author(s):  
Rieder Markus S ◽  
Kreindler Richard
Keyword(s):  
Money Laundering ◽  
Ad Hoc ◽  
German Law ◽  
Legal Framework ◽  
Arbitral Tribunal ◽  
Typical Structure ◽  
Step Model ◽  
Wide Range ◽  
The Subject ◽  
Arbitral Proceedings

This chapter addresses the legal framework applicable to proceedings before arbitral tribunals seated in Germany. On this basis, it first discusses the typical structure and frequent steps of arbitral proceedings. Regarding the initiation of arbitral proceedings, German law follows a three-step model consisting of: request for arbitration, constitution of the arbitral tribunal and initial pleadings by claimant (statement of claim) and respondent (statement of defence). German ad-hoc proceedings usually contain few mandatory formalities for the request for arbitration. Pursuant to the ZPO, its minimum contents are designation of the parties, designation of the subject matter of the dispute, and reference to the applicable arbitration agreement. The chapter concludes by examining a wide range of special situations, highlighting the steps taken by the German Institute of Arbitration (DIS) during events such as multi-party arbitration, as well as issues of fraud, money laundering, and corruption.

SIGNS OF AN ACTION FOR THE RECOGNITION OF A PROPERTY RIGHT

2021 ◽  
pp. 172-183
Author(s):  
Tikhon P. Podshivalov ◽  
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Property Right ◽  
Court Decision ◽  
Legal Basis ◽  
The Subject ◽  
Legal Uncertainty ◽  
The Moment ◽  
Definition Of ◽  
The Right

The article examines the definition of a closed list of features of a claim for the recogni-tion of a property right. The establishment of the features of a claim for the recognition of property right allows to correlate, distinguish the claim for the recognition of property right with other property claims and methods of protection of property rights, which ensures the prevention of competition lawsuits. Peculiarities of the action for recognition of property right are conditioned by its proprietary nature, i.e. by attributing it to proprietary lawsuits. The features of the action for recognition of the right in rem shall characterise the subject matter of proof and the conditions of satisfying such an action. The peculiarities of an action for recognition of property right may be divided into special and general characteristics - special characteristics are of qualifying nature allowing to distin-guish it from other property lawsuits; general characteristics result from the characteristic of this method of protection as a type of property action, since these characteristics are inherent to all property lawsuits. An action for recognition of property right is characterized by the following specific features: presence of the plaintiff's lawful possession of the subject of dispute; proprietary right acquired by the plaintiff on sufficient legal basis and preserved, exists for him at the time of the dispute; there is legal uncertainty in belonging of a person to a proprietary right; presence of the defendant's contesting the presence of proprietary right of the plaintiff; exclusive nature of application; independent legal significance of the claim for recognition of property right; non-contractual nature of claim; legal nego General, universal features of an action for recognition of property rights are as follows: non-contractual nature: there must be no binding relations between the plaintiff and the defendant regarding the subject matter of the dispute; legal uncertainty concerns individually identified thing, in most cases immovable thing, which physically exists at the moment of court decision; restoration character - vindication and negative actions restore situation existing before violation - restoration of possession and restoration of c An action for recognition of a property right cannot have the following properties: abso-lute nature of the claim; existence of a subject of ownership; absence of grounds indicating termination of ownership right; universality in application.

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