scholarly journals Ad Hoc or Institutional Arbitration - A Clear-Cut Distinction? A Closer Look at Borderline Cases

2017 ◽  
Author(s):  
Ulrich G. Schroeter

It is generally accepted in both theory and practice of arbitration that there are two basic forms of arbitration, ad hoc and institutional. This long established dichotomy has rarely been questioned, and it has mostly worked well in international arbitration practice.The present contribution investigates the traditional distinction between ad hoc and institutional arbitration in more detail by looking at "borderline cases", i.e. constellations that cannot easily be allocated to one of these two categories. Four groups of borderline cases are discussed: (1) UNCITRAL arbitrations, in particular those administered by arbitral institutions; (2) cases in which the parties have chosen institutional rules, but not the issuing institution (and vice versa), (3) the modification of institutional rules by the parties and the identification of a possible "mandatory" core of institutional rules, and (4) "mix and match" (or "hybrid") arbitrations combining one arbitral institution's rules with the case's administration by a different arbitral institution. By identifying the factors that were decisive for these borderline cases being regarded as institutional or ad hoc, the article is trying to gain insight into the core characteristics underlying each arbitration category. Drawing on these insights, it develops and explains a novel definition of "institutional arbitration".

2011 ◽  
Vol 3 (2) ◽  
pp. 467 ◽  
Author(s):  
Helmut Weiss

In this article the author presents a short overview on the theory of intercultural and interreli-gious pastoral care and counseling. He is giving some explanations about the multicultural situation in Europe, the “synthetic” personality and some definition of interculturality. After describing language and culture as “soft” concepts, religion as a “sign language” and giving some remarks to intercultural and interreligious competencies, he brings an example of a con-versation with a patient in a German hospital to give some insight into the practice of intercul-tural and interreligious pastoral care and counseling. He is ending with presenting a few theo-logical thesis.


Author(s):  
Rinkle Chhabra ◽  
Anuradha Saini

Mobile Ad Hoc Networks (MANET) are autonomous, infrastructure less and self-configuring networks. MANETs has gained lots of popularity due to on the fly deployment i.e. small network setup time and ability to provide communication in obstreperous terrains. Major challenges in MANETs include routing, energy efficiency, network topology control, security etc. Primary focus in this article is to provide method and algorithm to ensure significant energy savings using re-configurable directional antennas. Significant energy gains can be clinched using directional antenna. Key challenges while using directional antenna are to find destination location, antenna focusing, signal power and distance calculations. Re-configurable directional antenna can ensure significant energy gains if used intelligently. This article provides a brief insight into improved energy savings using re-configurable directional antennas and an associated algorithm


2020 ◽  
Vol 23 (8) ◽  
pp. 906-921
Author(s):  
R.A. Alborov ◽  
S.M. Kontsevaya ◽  
S.V. Kozmenkova

Subject. This article deals with the theory-and practice-relevant issues of classification and content definition of different types of capital used as sources of operations financing, and recommendations for developing their accounting in agricultural organizations. Objectives. The article aims to substantiate the organizational and methodological aspects of capital accounting development to generate information on value reserve and creation of value as new in the organization's integrated reporting. The article also aims to define the classification and content of capital types as sources of financing for the organization's activities and develop recommendations for developing the accounting of the availability, increase, reduction or transformation of the relevant types of capital in the organization's business activities. Methods. For the study, we used the methods of analysis and synthesis, induction and deduction, analogy, and comparison. The scientific works of domestic specialists and regulations, including the International Standard on Integrated Reporting (IR) are the methodological basis of this work. Results. The article defines conceptual provisions and offers practical recommendations on the set-up and development of capital flow accounting in the corporate governance system of the agricultural organization. It clarifies the classification and economic content of capital as a source of funding for the organization's reproduction activities. The article also offers an original method of accounting for the value reserve (balances) and capital changes. Conclusions and Relevance. The practical application of the developed recommendations for value accounting and capital changes will help generate all the necessary information in the integrated reporting of the agricultural organization to assess its reserves of value, create value as new, economic, environmental, and social efficiency of the organization's activities. The results of the study can be used to develop the theory, methodology and techniques of accounting of capital types as sources of financing of value creation as a result of the agricultural organization's business activities.


2020 ◽  
Vol 3 (3) ◽  
pp. 32-37
Author(s):  
Shavkat Abdullayev ◽  

The article discusses the theoretical foundations, current status and ways of improving consumer lending in Uzbekistan. It were studied the views of foreign and domestic scientists on the definition of consumer credit. There are analyzed the disadvantages of consumer credits and are proposed ways to improve them


2021 ◽  
Vol 13 (11) ◽  
pp. 5870
Author(s):  
Philipp Kruse

Social Entrepreneurship (SE) describes a new entrepreneurial form combining the generation of financial and social value. In recent years, research interest in SE increased in various disciplines with a particular focus on the characteristics of social enterprises. Whereas a clear-cut definition of SE is yet to be found, there is evidence that culture and economy affect and shape features of SE activity. In addition, sector-dependent differences are supposed. Building on Institutional Theory and employing a mixed qualitative and quantitative approach, this study sheds light on the existence of international and inter-sector differences by examining 161 UK and Indian social enterprises. A content analysis and analyses of variance were employed and yielded similarities as well as several significant differences on an international and inter-sector level, e.g., regarding innovativeness and the generation of revenue. The current study contributes to a more nuanced picture of the SE landscape by comparing social enterprise characteristics in a developed and a developing country on the one hand and different sectors on the other hand. Furthermore, I highlight the benefits of jointly applying qualitative and quantitative methodologies. Future research should pay more attention to the innate heterogeneity among social enterprises and further consolidate and extend these findings.


Energies ◽  
2021 ◽  
Vol 14 (11) ◽  
pp. 3078
Author(s):  
Carlo Cintolesi ◽  
Francesco Barbano ◽  
Silvana Di Sabatino

Thermal convective flows are common phenomena in real urban canyons and strongly affect the mechanisms of pollutant removal from the canyon. The present contribution aims at investigating the complex interaction between inertial and thermal forces within the canyon, including the impacts on turbulent features and pollutant removal mechanisms. Large-eddy simulations reproduce infinitely long square canyons having isothermal and differently heated facades. A scalar source on the street mimics the pollutant released by traffic. The presence of heated facades triggers convective flows which generate an interaction region around the canyon-ambient interface, characterised by highly energetic turbulent fluxes and an increase of momentum and mass exchange. The presence of this region of high mixing facilitates the pollutant removal across the interface and decreases the urban canopy drag. The heating-up of upwind facade determines favourable convection that strengthens the primary internal vortex and decreases the pollutant concentration of the whole canyon by 49% compare to the isothermal case. The heating-up of the downwind facade produces adverse convection counteracting the wind-induced motion. Consequently, the primary vortex is less energetic and confined in the upper-canyon area, while a region of almost zero velocity and high pollution concentration (40% more than the isothermal case) appears at the pedestrian level. Finally, numerical analyses allow a definition of a local Richardson number based on in-canyon quantities only and a new formulation is proposed to characterise the thermo-dynamics regimes.


2021 ◽  
Vol 168 (3) ◽  
Author(s):  
Kevin C. Olsen ◽  
Will H. Ryan ◽  
Ellen T. Kosman ◽  
Jose A. Moscoso ◽  
Don R. Levitan ◽  
...  

AbstractMany benthic marine invertebrates resemble plants in being modular and either sessile or sedentary, and by relying on an external vector to disperse their gametes. These shared features, along with recent evidence of inbreeding in these taxa, suggest that theory and practice bearing on the evolutionary costs and benefits of inbreeding for plants could advance our understanding of the ecology and evolution of invertebrate animals. We describe how the theory for the evolution of inbreeding and outbreeding could apply to benthic invertebrates, identify and compare techniques used to quantify inbreeding in plants and animals, translate relevant botanical concepts and empirical patterns to their zoological equivalents, and articulate predictions for how inbreeding might be associated with major axes of variation in sessile and sedentary marine invertebrates. The theory of inbreeding and outbreeding provides critical insight into major patterns of life-history variation in plants and holds similar promise as a complementary perspective on the evolution of reproductive traits, lifespan, ecological strategies, and dispersal in marine invertebrates. Extending what we have learned from plants to marine invertebrates promises to broaden the general study of mating systems.


1975 ◽  
Vol 42 (3) ◽  
pp. 552-556 ◽  
Author(s):  
A. J. Padgaonkar ◽  
K. W. Krieger ◽  
A. I. King

The computation of angular acceleration of a rigid body from measured linear accelerations is a simple procedure, based on well-known kinematic principles. It can be shown that, in theory, a minimum of six linear accelerometers are required for a complete definition of the kinematics of a rigid body. However, recent attempts in impact biomechanics to determine general three-dimensional motion of body segments were unsuccessful when only six accelerometers were used. This paper demonstrates the cause for this inconsistency between theory and practice and specifies the conditions under which the method fails. In addition, an alternate method based on a special nine-accelerometer configuration is proposed. The stability and superiority of this approach are shown by the use of hypothetical as well as experimental data.


2021 ◽  
Author(s):  
Dieter Issler

<p>On physical grounds, the rate of bed entrainment in gravity mass flows should be determined by the properties of the bed material and the dynamical variables of the flow. Due to the complexity of the process, most entrainment formulas proposed in the literature contain some ad-hoc parameter not tied to measurable snow properties. Among the very few models without free parameters are the Eglit–Grigorian–Yakimov (EGY) model of frontal entrainment from the 1960s and two formulas for basal entrainment, one from the 1970s due to Grigorian and Ostroumov (GO) and one (IJ) implemented in NGI’s flow code MoT-Voellmy. A common feature of these three approaches is their treating erosion as a shock and exploiting jump conditions for mass and momentum across the erosion front. The erosion or entrainment rate is determined by the difference between the avalanche-generated stress at the erosion front and the strength of the snow cover. The models differ with regard to how the shock is oriented and which momentum components are considered. The present contribution shows that each of the three models has some shortcomings: The EGY model is ambiguous if the avalanche pressure is too small to entrain the entire snow layer, the IJ model neglects normal stresses, and the GO model disregards shear stresses and acceleration of the eroded mass. As they stand, neither the GO nor the IJ model capture situations―observed experimentally by means of profiling radar―in which the snow cover is not eroded progressively but suddenly fails on a buried weak layer as the avalanche flows over it. We suggest a way to resolve the ambiguity in the EGY model and sketch a more comprehensive model combining all three approaches to capture gradual entrainment from the snow-cover surface together with erosion along a buried weak layer.</p>


Author(s):  
Marian Sikora ◽  
Janusz Gołdasz

The aim of this work is to provide an insight into the rattle noise phenomena occurring in double-tube (twin-tube) vehicle suspension dampers. In the dampers the particular phenomenon results from interactions between the valve(s) and the fluid passing through them. The rattling noise phenomena is known to degrade the vehicle passenger’s perception of ride comfort as well as to influence the performance of the dampers at low and medium speeds in particular. In the paper the authors reveal the results of a DOE (Design of Experiment) study involving several design parameters known to affect rattling occurrence. By running a series of purpose-designed tests the authors investigate not only the contribution of each particular parameter but the interactions between them. The results are presented in the form of pareto charts, main effect plots as well as interaction plots. It is expected the outcome of the analysis will aid in a better comprehension of the phenomena as well the definition of valve configurations to minimize their performance degradation.


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