scholarly journals The Third-Party Funding in Arbitration: A Challenge in Times of Crisis

2021 ◽  
Vol 4 (2) ◽  
pp. 1
Author(s):  
Maria João Mimoso ◽  
Joana Lourenço Pinto
Keyword(s):  
Ethical Issues ◽  
State Of The Art ◽  
The State ◽  
Third Party ◽  
Technical Knowledge ◽  
Arbitral Tribunal ◽  
The Third ◽  
Contractual Relationship ◽  
Party Funding ◽  
Financial Result

Arbitration as a way of resolving disputes between companies is essentially linked to the advantages of arbitration, especially with the speed and neutrality of arbitration, as well as the confidentiality, the possibility of choosing arbitrators with precise technical knowledge in the area of litigation, among others. The parties choose arbitration as a means of resolving disputes, relating to interests of an equity nature, bearing in mind that for some legislators the emphasis is on the availability of rights, arising from the contractual relationship that unites them. The payment of costs is a sine qua non condition for the constitution of the arbitral tribunal. The parties must proceed with the payment of taxes and fees, respectively to the arbitration center they have chosen and the arbitrators they have chosen. Considering that the economic situation of the companies may fluctuate, either during the execution of the main contract, or when the dispute arises, the constitution of the arbitral tribunal and during the procedural iter, the possibility of financing the arbitration was outlined. Third-Party Funding is a figure that involves a third-party, unrelated to the litigation, who will defray the expenses due by one of the parties to the arbitration. It will have as a counterpart the participation in the eventual financial result achieved through the success of the arbitration. As a methodology, in addition to analyzing the state of the art, we will indicate real cases and the reasons for the growth of this instrument, without forgetting the ethical issues involved.

Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. V. Turkmenistan: Procedural Order No. 3 (ICSID)

2016 ◽  
Vol 55 (1) ◽  
pp. 92-97 ◽  
Author(s):  
Diane A. Desierto
Keyword(s):  
Third Party ◽  
Arbitral Tribunal ◽  
The Third ◽  
The Third Party ◽  
Party Funding

On June 12, 2015, the Arbitral Tribunal in Muhammet Çap & Sehil Inşaat Endustri ve Ticaret Ltd. Sti. v. Turkmenistan, composed of Professor Julian D.M. Lew (President), Professor Laurence Boisson de Chazournes (Arbitrator), and Professor Bernard Hanotiau (President), issued its Procedural Order No. 3, ordering claimants to confirmwhether its claims in this arbitration are being funded by a third-party funder, and if so, shall, advise Respondent and the Tribunal of the name or names and details of the third-party funder(s), and the nature of the arrangements concluded with the third-party funder(s), including whether and to what extent it/they will share in any successes that Claimants may achieve in this arbitration.This is the first publicly available written order issued by an arbitral tribunal constituted under the rules of the International Centre for Settlement of Investment Disputes (ICSID) that compels claimants to disclose information about any third-party funding arrangements.

Health Informatics Education in the Third World

1989 ◽  
Vol 28 (04) ◽  
pp. 270-272 ◽  
Author(s):  
O. Rienhoff
Keyword(s):  
Developing Countries ◽  
Health Informatics ◽  
Third World ◽  
State Of The Art ◽  
The State ◽  
Collaboration Network ◽  
Educational Tools ◽  
The Third ◽  
The Third World

Abstract:The state of the art is summarized showing many efforts but only few results which can serve as demonstration examples for developing countries. Education in health informatics in developing countries is still mainly dealing with the type of health informatics known from the industrialized world. Educational tools or curricula geared to the matter of development are rarely to be found. Some WHO activities suggest that it is time for a collaboration network to derive tools and curricula within the next decade.

A Study of the State of the Art in Synthetic Emotional Intelligence in Affective Computing

2020 ◽  
pp. 1199-1212
Author(s):  
Syeda Erfana Zohora ◽  
A. M. Khan ◽  
Arvind K. Srivastava ◽  
Nhu Gia Nguyen ◽  
Nilanjan Dey
Keyword(s):  
Emotional Intelligence ◽  
Affective Computing ◽  
Ethical Issues ◽  
State Of The Art ◽  
Real Life ◽  
Life Time ◽  
The State ◽  
Point Of View ◽  
General Idea ◽  
Tremendous Amount

In the last few decades there has been a tremendous amount of research on synthetic emotional intelligence related to affective computing that has significantly advanced from the technological point of view that refers to academic studies, systematic learning and developing knowledge and affective technology to a extensive area of real life time systems coupled with their applications. The objective of this paper is to present a general idea on the area of emotional intelligence in affective computing. The overview of the state of the art in emotional intelligence comprises of basic definitions and terminology, a study of current technological scenario. The paper also proposes research activities with a detailed study of ethical issues, challenges with importance on affective computing. Lastly, we present a broad area of applications such as interactive learning emotional systems, modeling emotional agents with an intention of employing these agents in human computer interactions as well as in education.

scholarly journals Progressive Boundary Refinement Network for Temporal Action Detection

2020 ◽  
Vol 34 (07) ◽  
pp. 11612-11619
Author(s):  
Qinying Liu ◽  
Zilei Wang
Keyword(s):  
State Of The Art ◽  
The State ◽  
Action Detection ◽  
Fine Grained ◽  
The Third ◽  
One Stage ◽  
The Family ◽  
Main Components ◽  
Temporal Action ◽  
Boundary Refinement

Temporal action detection is a challenging task due to vagueness of action boundaries. To tackle this issue, we propose an end-to-end progressive boundary refinement network (PBRNet) in this paper. PBRNet belongs to the family of one-stage detectors and is equipped with three cascaded detection modules for localizing action boundary more and more precisely. Specifically, PBRNet mainly consists of coarse pyramidal detection, refined pyramidal detection, and fine-grained detection. The first two modules build two feature pyramids to perform the anchor-based detection, and the third one explores the frame-level features to refine the boundaries of each action instance. In the fined-grained detection module, three frame-level classification branches are proposed to augment the frame-level features and update the confidence scores of action instances. Evidently, PBRNet integrates the anchor-based and frame-level methods. We experimentally evaluate the proposed PBRNet and comprehensively investigate the effect of the main components. The results show PBRNet achieves the state-of-the-art detection performances on two popular benchmarks: THUMOS'14 and ActivityNet, and meanwhile possesses a high inference speed.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Art.5.2.4

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Burden Of Proof ◽  
Third Party ◽  
The Third ◽  
Contractual Relationship ◽  
The Third Party

This commentary focuses on Article 5.2.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning defences of the promisor against the promisee and against the beneficiary. Art 5.2.4 stipulates that the promisor may assert against the beneficiary all defences which the promisor could assert against the promisee. The phrase ‘all defences’ has to be read as ‘all defences based on the contract from which the third party derives its right, but not those based on other relationships between the promisor and the promisee’. The promisor has to prove the existence of a defence against the promisee arising out of the contractual relationship which confers a right upon the beneficiary. The burden of proof is on the beneficiary if it wants to argue that the parties agreed not to make the promisor's defences available against the beneficiary.

scholarly journals Third-party funding: The effect of the growing third-party funding industry in international arbitration on New Zealand

2021 ◽  
Author(s):  
◽  
Eva Boolieris
Keyword(s):  
New Zealand ◽  
The State ◽  
Third Party ◽  
International Arbitration ◽  
The Law ◽  
Partnership Agreement ◽  
Party Funding

<p>The quickly rising trend of third-party funding in international arbitration is an extremely novel and complex challenge for the international arbitration community. Third-party funding has a long history in the law of litigation funding but this new trend will require the international arbitration community to grapple with this concept in a new setting. As domestic countries have taken hugely varying approaches to third-party funding in a litigation context, the international arbitration community has a wealth of choice available to it in deciding how to approach this trend. There are many outstanding issues in this area and there is much speculation as to how these issues will be resolved. New Zealand will be affected by the choices that the international arbitration community makes in this regard when New Zealand engages in international arbitration. The possibility of the Trans-Pacific Partnership Agreement (TPPA) coming into force is also likely to exacerbate some of the effects of the choices made on the state of New Zealand in investor-state arbitration.</p>

scholarly journals Beyond the “Third Wave of Positive Psychology”: Challenges and Opportunities for Future Research

2022 ◽  
Vol 12 ◽  
Author(s):  
Marié P. Wissing
Keyword(s):  
Positive Psychology ◽  
State Of The Art ◽  
Well Being ◽  
The State ◽  
Future Research ◽  
Complex Nature ◽  
Third Wave ◽  
Health And Wellness ◽  
The Third ◽  
Challenges And Opportunities

The positive psychology (PP) landscape is changing, and its initial identity is being challenged. Moving beyond the “third wave of PP,” two roads for future research and practice in well-being studies are discerned: The first is the state of the art PP trajectory that will (for the near future) continue as a scientific (sub)discipline in/next to psychology (because of its popular brand name). The second trajectory (main focus of this manuscript) links to pointers described as part of the so-called third wave of PP, which will be argued as actually being the beginning of a new domain of inter- or transdisciplinary well-being studies in its own right. It has a broader scope than the state of the art in PP, but is more delineated than in planetary well-being studies. It is in particular suitable to understand the complex nature of bio-psycho-social-ecological well-being, and to promote health and wellness in times of enormous challenges and changes. A unique cohering focus for this post-disciplinary well-being research domain is proposed. In both trajectories, future research will have to increase cognizance of metatheoretical assumptions, develop more encompassing theories to bridge the conceptual fragmentation in the field, and implement methodological reforms, while keeping context and the interwovenness of the various levels of the scientific text in mind. Opportunities are indicated to contribute to the discourse on the identity and development of scientific knowledge in mainstream positive psychology and the evolving post-disciplinary domain of well-being studies.

scholarly journals Framework for Generating Configurable SAT Solvers

2011 ◽  
Vol 6 (1) ◽  
pp. 50-59
Author(s):  
Bernardo C. Vieira ◽  
Fabrício V. Andrade ◽  
Antônio O. Fernandes
Keyword(s):  
State Of The Art ◽  
The State ◽  
Equivalence Checking ◽  
Decision Heuristics ◽  
Sat Solvers ◽  
The Third ◽  
Sat Solver ◽  
Run Time

The state-of-the-art SAT solvers usually share the same core techniques, for instance: the watched literals structure, conflict clause recording and non-chronological backtracking. Nevertheless, they might differ in the elimination of learnt clauses, as well as in the decision heuristic. This article presents a framework for generating configurable SAT solvers. The proposed framework is composed of the following components: a Base SAT Solver, a Perl Preprocessor, XML files (Solver Description and Heuristics Description files) to describe each heuristic as well as the set of heuristics that the generated solver uses. This solvers may use several techniques and heuristics such as those implemented in BerkMin, and in Equivalence Checking of Dissimilar Circuits, and also in Minisat. In order to demonstrate the effectiveness of the proposed framework, this article also presents three distinct SAT solver instances generated by the framework to address a complex and challenging industry problem: the Combinational Equivalence Checking problem (CEC).The first instance is a SAT solver that uses BerkMin and Dissimilar Circuits core techniques except the learnt clause elimination heuristic that has been adapted from Minisat; the second is another solver that combines BerkMin and Minisat decision heuristics at run-time; and the third is yet another SAT solver that changes the database reducing heuristic at run-time. The experiments demonstrate that the first SAT solver generated is a faster solver than state-of-the-art SAT solver BerkMin for several instances as well as for Minisat in almost every instance.

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