Selection of the Applicable Law by Contract

Keyword(s):  
Author(s):  
von Segesser Georg

This chapter examines the effect of the Hague Convention on the Law Applicable to Trusts and on their Recognition (Hague Trust Convention) on the law applicable to the arbitration of trust disputes. It also considers the extent to which arbitrators can apply the conflict of laws rules of the convention in cases where the parties have not agreed that these rules should govern the issues in dispute. The chapter is organized as follows. Section II addresses the selection of the applicable substantive law by arbitral tribunals in cases where the parties have not agreed on the applicable law. Sections III and IV cover international conventions and, in particular the Hague Trust Convention, as sources for the selection of the applicable law. Section V deals with the validity and effect of arbitration agreements while Section VI considers the effects of a choice of-law-clause and the binding effect of such a clause for the arbitral proceedings. Section VII addresses the effect of specific conflict of laws rules of the Hague Trust Convention on the law applicable to the merits in international trust arbitration disputes.


Author(s):  
Margarita Katunina ◽  
Leila Makhir Kizi Yusifzade

authors in this article focus their attention on concept, system and foundations of arising of obligations in private international law. The authors pay special attention to such a foundation of emergence of obligations as contract and its nature. The main principles of selection of applicable law are considered.


2019 ◽  
Vol 11 (2) ◽  
pp. 718
Author(s):  
Alfonso Ortega Giménez

Resumen: La regulación respecto los derechos de los pasajeros en el transporte aéreo tiene por objeto que aquellos consumidores se vean completamente resarcidos por los perjuicios que pudieran sufrir en el desarrollo de su vuelo, y que el pasajero pueda hacer valer sus derechos frente al transportista u operador aéreo en caso de cancelación, denegación de embarque o retraso significativo del vuelo. Este derecho de compensación plantea cuestiones relevantes de competencia judicial internacional, a la hora de determinar los tribunales ante los que el pasajero debe acudir para ejercitar de forma efectiva su derecho. En un sector como el de transporte aéreo de pasajeros es habitual la inclusión de cláusulas de elección de tribunales dentro de las condiciones y términos del transporte impuestas por el operador y cuya eficacia habrá de evaluarse a la luz del Derecho internacional privado.Palabras clave: transporte aéreo internacional, pasajeros, Convenio de Montreal, competencia judicial internacional, Derecho aplicable.Abstract: The regulation regarding passenger passenger rights in air transport aims to ensure that consumers are fully compensated for the damages they may suffer in the development of their flight, and that the passenger can assert their rights against the carrier or operator air in case of cancellation, denied boarding or significant flight delay. This right of compensation raises relevant issues of international judicial competence when determining the courts before which the passenger must go to effectively exercise their right. In a sector such as passenger air transport, it is usual to include clauses for the selection of courts within the conditions and terms of transport imposed by the operator and whose effectiveness will have to be evaluated in the light of private international private law.Keywords: international air transport, passengers, Montreal Convention, international jurisdiction, applicable law.


2019 ◽  
Vol 42 ◽  
Author(s):  
Gian Domenico Iannetti ◽  
Giorgio Vallortigara

Abstract Some of the foundations of Heyes’ radical reasoning seem to be based on a fractional selection of available evidence. Using an ethological perspective, we argue against Heyes’ rapid dismissal of innate cognitive instincts. Heyes’ use of fMRI studies of literacy to claim that culture assembles pieces of mental technology seems an example of incorrect reverse inferences and overlap theories pervasive in cognitive neuroscience.


1975 ◽  
Vol 26 ◽  
pp. 395-407
Author(s):  
S. Henriksen

The first question to be answered, in seeking coordinate systems for geodynamics, is: what is geodynamics? The answer is, of course, that geodynamics is that part of geophysics which is concerned with movements of the Earth, as opposed to geostatics which is the physics of the stationary Earth. But as far as we know, there is no stationary Earth – epur sic monere. So geodynamics is actually coextensive with geophysics, and coordinate systems suitable for the one should be suitable for the other. At the present time, there are not many coordinate systems, if any, that can be identified with a static Earth. Certainly the only coordinate of aeronomic (atmospheric) interest is the height, and this is usually either as geodynamic height or as pressure. In oceanology, the most important coordinate is depth, and this, like heights in the atmosphere, is expressed as metric depth from mean sea level, as geodynamic depth, or as pressure. Only for the earth do we find “static” systems in use, ana even here there is real question as to whether the systems are dynamic or static. So it would seem that our answer to the question, of what kind, of coordinate systems are we seeking, must be that we are looking for the same systems as are used in geophysics, and these systems are dynamic in nature already – that is, their definition involvestime.


1978 ◽  
Vol 48 ◽  
pp. 515-521
Author(s):  
W. Nicholson

SummaryA routine has been developed for the processing of the 5820 plates of the survey. The plates are measured on the automatic measuring machine, GALAXY, and the measures are subsequently processed by computer, to edit and then refer them to the SAO catalogue. A start has been made on measuring the plates, but the final selection of stars to be made is still a matter for discussion.


Author(s):  
P.J. Killingworth ◽  
M. Warren

Ultimate resolution in the scanning electron microscope is determined not only by the diameter of the incident electron beam, but by interaction of that beam with the specimen material. Generally, while minimum beam diameter diminishes with increasing voltage, due to the reduced effect of aberration component and magnetic interference, the excited volume within the sample increases with electron energy. Thus, for any given material and imaging signal, there is an optimum volt age to achieve best resolution.In the case of organic materials, which are in general of low density and electric ally non-conducting; and may in addition be susceptible to radiation and heat damage, the selection of correct operating parameters is extremely critical and is achiev ed by interative adjustment.


Author(s):  
P. M. Lowrie ◽  
W. S. Tyler

The importance of examining stained 1 to 2μ plastic sections by light microscopy has long been recognized, both for increased definition of many histologic features and for selection of specimen samples to be used in ultrastructural studies. Selection of specimens with specific orien ation relative to anatomical structures becomes of critical importance in ultrastructural investigations of organs such as the lung. The uantity of blocks necessary to locate special areas of interest by random sampling is large, however, and the method is lacking in precision. Several methods have been described for selection of specific areas for electron microscopy using light microscopic evaluation of paraffin, epoxy-infiltrated, or epoxy-embedded large blocks from which thick sections were cut. Selected areas from these thick sections were subsequently removed and re-embedded or attached to blank precasted blocks and resectioned for transmission electron microscopy (TEM).


Author(s):  
K.-H. Herrmann ◽  
D. Krahl ◽  
H.-P Rust

The high detection quantum efficiency (DQE) is the main requirement for an imagerecording system used in electron microscopy of radiation-sensitive specimens. An electronic TV system of the type shown in Fig. 1 fulfills these conditions and can be used for either analog or digital image storage and processing [1], Several sources of noise may reduce the DQE, and therefore a careful selection of various elements is imperative.The noise of target and of video amplifier can be neglected when the converter stages produce sufficient target electrons per incident primary electron. The required gain depends on the type of the tube and also on the type of the signal processing chosen. For EBS tubes, for example, it exceeds 10. The ideal case, in which all impinging electrons create uniform charge peaks at the target, is not obtainable for several reasons, and these will be discussed as they relate to a system with a scintillator, fiber-optic and photo-cathode combination as the first stage.


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