scholarly journals Mechanisms for resolving international contracts for building and construction disputes: آليات حسم منازعات العقود الدولية للبناء والتشييد

Author(s):  
Yasir Tagelsir Mohamed Osman Yasir Tagelsir Mohamed Osman

Consider of resolving international contracts for building and construction is extremely important for architects and building construction implementers, as international building and construction contracts are complex contracts and countless international parties participate in their implementation. The aim of this research is to show the legal implications of implementing dispute resolution mechanisms, international contracts in construction and construction. The International Building and Construction Contract does not deviate from being a complex, international commercial contract, from private law contracts, even with the presence of the state or a legal person as a party to the contracts, this does not change their legal nature as contracts of law. The private where the results of the following research study showed: 1- The failure of national legislation to address many of the problems arising from international contracts for building and construction, which are of a technical nature due to their rapid development that are unable to keep pace with those national legislations, thus enhancing the role of rapidly developing and modifying model contracts to ensure simulation of the practical reality of these new technical problems and to provide the best means. To solve it, we extracted from the research the following results. 2- Model contracts are not considered contracts in the strict legal sense as they do not include consent between two parties, but rather they are a pre- prepared contract formulation in printed form, so that it is ready for use by the parties to the contract, and it is not evidence except for the persons who agreed to the agreement to refer to it where the search was used The inductive approach to measuring and understanding its archeology, as it relied on reviewing previous literature and studies in explaining the legal implications, and the research recommendations came as follows: 1- Attaching special importance to drafting international contracts for building and construction, and entrusting this task to a team of legal, technical and economic experts who have the scientific and practical qualities that qualify them to do this task in the best way, so that the parties to these contracts can avoid or at least reduce the disputes arising from these contracts. 2- Preparation and drafting of a unified Arab contract as a model for concluding international contracts for building and construction, which is evident in the customs and habits of this industry derived from our contemporary reality and in line with the legal concepts prevailing in our Arab countries, so that they act as the actual guarantee on which every contractor from our Arab society depends.

2020 ◽  
Vol 15 (4) ◽  
pp. 351-361
Author(s):  
Liwei Huang ◽  
Arkady Shemyakin

Skewed t-copulas recently became popular as a modeling tool of non-linear dependence in statistics. In this paper we consider three different versions of skewed t-copulas introduced by Demarta and McNeill; Smith, Gan and Kohn; and Azzalini and Capitanio. Each of these versions represents a generalization of the symmetric t-copula model, allowing for a different treatment of lower and upper tails. Each of them has certain advantages in mathematical construction, inferential tools and interpretability. Our objective is to apply models based on different types of skewed t-copulas to the same financial and insurance applications. We consider comovements of stock index returns and times-to-failure of related vehicle parts under the warranty period. In both cases the treatment of both lower and upper tails of the joint distributions is of a special importance. Skewed t-copula model performance is compared to the benchmark cases of Gaussian and symmetric Student t-copulas. Instruments of comparison include information criteria, goodness-of-fit and tail dependence. A special attention is paid to methods of estimation of copula parameters. Some technical problems with the implementation of maximum likelihood method and the method of moments suggest the use of Bayesian estimation. We discuss the accuracy and computational efficiency of Bayesian estimation versus MLE. Metropolis-Hastings algorithm with block updates was suggested to deal with the problem of intractability of conditionals.


2021 ◽  
Vol 80 (Suppl 1) ◽  
pp. 1029.1-1029
Author(s):  
Y. Livshits ◽  
O. Teplyakova ◽  
A. Sarapulova

Background:Telemedicine counseling (TMC) has gained rapid development during the COVID-19 pandemic. The prospect of using this technology in rheumatology was based on the possibility of getting maximum information about the patient during the survey, examination and interpretation of laboratory and instrumental data, that is excepting direct contact with the patient. Several rheumatological clinics have reported on the success of using TMC. However, there is very little data of the difficulties that can be encountered when organizing this process.Objectives:To characterize the identified problems during TMC in rheumatology, to suggest potential directions for their elimination.Methods:Since June 2021, on the basis of the Medical Association “New Hospital”, Yekaterinburg, Russian Federation, 76 TMCs have been performed on the profile of rheumatology in patients aged 29 to 71 years. Of these, 13 applied to the primary TMC, the other patients were preliminarily examined in person. The consultation included the preliminary acquaintance with the examination results, a 20-minute video communication and writing of a conclusion. After each TMC, a survey was conducted between the doctor and the patient, including the identified deficiencies in counseling. The frequency of identified problems is presented as an absolute indicator and as a percentage of the total number of TMCs performed.Results:We noted a high degree of patient satisfaction: 74 (97.4%) responded that they received answers to all. However, according to the doctor, the following groups of problems were identified.[1]Technical problems in 29 (38.2%): most often there were various problems with the Internet, but there were also registered: the end of the charge on the patient’s tablet, the patient was not registered in the electronic queue. Elimination of these violations depends on the work of IT-specialists, but each consulting physician should be prepared for an immediate transition to an alternative form of communication (for example - telephone).[2]Lack of objective examination, leading to the impossibility of correct remote diagnosis - 8 (10.5%). This problem was identified due to the inability to establish the presence or absence of arthritis during the initial diagnosis (6 cases) and to clarify the nature of the rash (2 cases). All patients are invited for a face-to-face consultation.[3]The need to write prescriptions for psychotropic drugs - 12 (15.8%), which under the conditions of national legislation cannot be done in the TMC regime.[4]The time spent directly on remote communication with the patient was 17.2 minutes (from 8 to 31), however, taking into account the study data and writing the conclusion, the total time was 40.7 minutes (from 21 to 73). Thus, it turned out that the average time for remote and face-to-face consultations is the same, while TMC’s payment is only about 50% of the face-to-face consultation. This situation reduces the doctor’s interest in carrying out TMC. The solution to the problem is associated with reducing the time for the documentation process through technical improvements. In addition, of the 9 patients in whom the TMC process lasted 60 minutes or more, 5 were diagnosed with fibromyalgia. It is possible that with a previously established diagnosis of fibromyalgia, only face-to-face counseling should be recommended to patients.Conclusion:The TMC system is promising, however, there are a number of problems that need to be improved, since they can reduce the doctor’s interest in using this technology.Disclosure of Interests:None declared


2014 ◽  
Vol 533 ◽  
pp. 401-408
Author(s):  
Zi Ying Chen ◽  
Jia Lin Hu ◽  
Jia Yao Li ◽  
Wei Xun Long

With the rapid development of power grid, black start has been an indispensable part of power grid construction, and the gradually mature microgrid technology will play an important role in solving power system problems. Otherwise, plug-in electric vehicle will become an important load in future power grid. The black start concept, research status, black start scheme development and its verification are stated in detail; distributed generation and microgrid are introduced; the strategy about taking microgrid as black start power sources is proposed; and key technical problems existing on the combination of black start, microgrid and plug-in electric vehicle are explored according to the microgrid control and operation characteristics. On the basis of summarizing black start and microgrid research development and achievements in the globe, this paper discusses prospects of black start and provides new views and suggestions for its further research.


2021 ◽  
Vol 1 (1) ◽  
pp. 20-36
Author(s):  
Ye Liangying

Abstract The Arabic language is the common official language for the Arab nation, and one of the most important components of its identity, and it is also the link that connects the past of the Arabs with their present and their future, as it recorded the historical changes of the Arab nation over the course of the development extending for more than 1,600 years, and embodied its characteristics and preserved its culture and civilization through time. Arabic is one of the oldest foreign languages taught in China, and it played a pivotal role in promoting exchanges between China and Arab countries in various fields, politically, economically and culturally. After the founding of the People’s Republic of China, Arabic language teaching in Chinese universities achieved a remarkable development under the enlightened educational guidance, and succeeded in preparing batches of distinguished people who contributed and are contributing to the development of relations between Arab countries and China. After entering the 21st century and with the establishment of the China-Arab States Cooperation Forum and the consolidation of Sino-Arab strategic cooperation relations, especially with the launch of the Belt and Road Initiative and the concept of “One Community with a Shared Future for Mankind”, the cooperation relations between China and the Arab countries have reached a new threshold on various levels. Simultaneously, Arabic teaching in Chinese universities has entered the path of rapid development and achieved unparalleled remarkable results.


1983 ◽  
Vol 50 (4b) ◽  
pp. 1139-1151 ◽  
Author(s):  
N. Olhoff ◽  
J. E. Taylor

This paper presents a survey of the field of optimal structural design, with the main emphasis laid on fundamental aspects. The basic concepts for structural optimization problems are outlined, and we discuss the mathematical formulation and the characteristic properties and features of such problems for both discrete and continuum structures. A picture of the present status of the field is given, and we present an assessment of areas that are currently of special importance and undergoing rapid development. Furthermore, we identify some types of problems that require particular care in their formulation, and we indicate issues for future research.


2013 ◽  
Vol 743 ◽  
pp. 73-77
Author(s):  
Jun Li Yuan

Abstract: With the rapid development of Chinese economy, more and more requirements of large public buildings, large space and has more functions, the engineering design, construction and bring many technical problems, in order to solve the technical problem, the construction of scientific research departments continue to research and development of new materials, new technology, new methods of construction, city of Puyang stadium the tennis project 44M*24M large span structure, adopts the ‘made of light material combined unit filled prestressed concrete cast-in-situ slab’ structure technology, solves the light, save steel, concrete, reduces the structure thickness, good economic practicability.


2021 ◽  
Vol 2 (2) ◽  
pp. 31-34
Author(s):  
Daesu Ha ◽  
Jisu Kim ◽  
Jaegyun Kim ◽  
Taemin Ha

Korean national laws may have limited application in the sports sector. Sports rules that restrain government intervention have allowed organizations to exercise power as autonomous and private sectors at the global level (Kim, 2011). Despite these constraints, certain issues, including criminal problems, economic interests, and bodily integrity in sports, sometimes call for intervention from judicial powers (Park, 2016). As it is impossible to completely avoid physical contact in team sports games, acts of violence that have high chances of harming others naturally take place during games and competitive events. Thus, this paper seeks to define whether violence in sports is subject to criminal prosecution. After a descriptive exploration of pre-existing studies through a systematic literature review, qualitative research was conducted to examine the precedents in accordance with legal transition and flow. Legal concepts in Korea were first established, and key points of previous works and studies were examined thoroughly (Sohn, 2011). It is critical to judge the intentionality of such actions for a legal interpretation to see whether they can be deemed offensive (Sohn, 2011). As the concept of violence is defined as a physical assault on bodies, illegally exercised physical coercion, and invasion of other people’s bodies, thus validating such action as a crime, the benefit and protection of law to be honored in such incidents are bodily integrity and its physiological functions (Oh, 2019). In order to decide criminality under penal law, each case consists of the “component validity-illegality-obligation” (Yeon et al., 2018).


Kosmik Hukum ◽  
2021 ◽  
Vol 21 (2) ◽  
pp. 38
Author(s):  
Ninik Alfiyah ◽  
Mohammad Saleh

The rapid development of information technology has been responded to positively by the Indonesian government for a long time, especially in organizing an electronic GMS, as regulated in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies. Guidelines for implementing e-GMS were only issued in 2020 because the Covid-19 pandemic threatens the economy and/or the stability of the country's financial system, this provision is in the form of POJK Number 16/POJK.04 / 2020. In Article 12 of the POJK, the implementation of e-GMS is obliged to be made in the form of a notary deed. This raises problems regarding the procedures for reading and signing deeds that cannot be done electronically because they are considered contrary to the Civil Code, the Law on Notary Position, and the ITE Law. The purpose of this research is to analyze the legal basis for the implementation of e-GMS and the minutes of the meeting and the legal consequences of reading and signing the e-GMS Notarial Deed electronically. This study uses a normative juridical research method. The results of the study explain that if the notary reads and signs the e-GMS deed electronically, it will have implications for the evidentiary power of the deed, which is equivalent to the letter under the bill because no regulation explicitly gives the notary authority in that field, so the advice given is e. -RUPS can be conducted electronically, however, the minutes of the meeting are made by the minutes of the meeting, and a copy is given to a notary so that the deed is in the form of a deed of partij and not a deed of relaas. Keywords:  legal implications, reading and signing of the deed, e-GMS


2021 ◽  
pp. 20-24
Author(s):  
Olena STANISLAVYK ◽  
Oleksandr KOVALENKO

Introduction. The transition to the digital economy and rapid development of information technologies actualize the task of companies to find new models of business management. The formation and development of the digital strategy integrated with business and HR strategies becomes prerequisite for ensuring the stable competitive position of enterprise in the market due to its transformation into the technological one. Personnel management is a dynamic subsystem of any enterprise, and qualitative rethinking of human resources management methods and technologies entails a significant impact on the results of the enterprise as a whole. It confirms the special importance of studying the impact of digitization on this area of management. The purpose of the paper is to study the features of personnel management of enterprises on the basis of digitalization. Results. Important aspects of digitization impact on enterprise personnel management are shown. It is focused the attention on the transformation of the most important subsystem of enterprise management – the system of personnel management under the influence of the digital economy. At the junction of digitalization and personnel management, a new form of management arises – digitalized personnel management. The main theoretical provisions of digitalized personnel management are considered, its principles, influence on the internal environment and the labor market as a whole are indicated. Conclusion. Personnel management is the most dynamic subsystem of the enterprise, and a qualitative rethinking of methods and technologies of personnel management entails a significant impact on the results of the enterprise as a whole. It confirms the special importance of studying the impact of digitalization on this area of management. Transformation of personnel management processes under the influence of digitalization is inevitable due to the evolution of enterprise management in general and it is a positive event, because entails increasing efficiency and shifting staff employment to more creative professions, which require unique knowledge, skills and abilities. Undoubtedly, such qualitative transformations will affect not only the internal environment of the enterprise, but also the labor market as a whole and in connection with it the education system. To achieve the positive effect of such transformations, comprehensive work is needed to implement them both at the level of individual enterprises and at the level of the national economic system. Modernization of personnel management methods may require significant investment in technology and communication, but the consequences of non-compliance with consumer experience can be significant not only for the reputation, brand, involvement and retention of employees, but also to achieve the key purpose of the enterprise.


Author(s):  
Mohammed Nasser Al-Suqri ◽  
Khalsa Abdullah Al-Hinai ◽  
Kawther Mohammed Al-Hashmi

The rapid development of Information and Communication Technologies (ICTs) and the advent of the World Wide Web (WWW) in the 1990s and universally centralized digital media for information storage, organization, retrieval, and management have led to the emergence of the Digital Library, which, while not replacing the traditional library per se, has contributed to the creation of hybrid forms combining the characteristics and organizational structure of both the digital and the traditional library models. This chapter draws on existing literature to highlight the potential opportunities, which digital libraries offer to the countries of the Arab world, and to examine the challenges inherent in their development and how these might best be overcome. The chapter concludes that libraries in many Arab countries are still hindered by a severe lack of resources, trained and experienced staff, and adequate infrastructure, and these problems could severely undermine attempts to move towards digitizing libraries. It is the role of the governments of these countries, along with commercial organizations, information professionals, academic specialists, and other groups to acknowledge the benefits and opportunities offered by digital libraries and work together to make them a reality in the Arab world.


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