bluuebunny/crossref_metadata_2025 huggingface dataset:
Predicting Spatiotemporal Forest Cover Dynamics Using the CA-Markov Model in the Chuta Gorgis Forest between 1983 and 2050
Authors: Nagasa Milkessa Dangia , Edosa Birhanu Tadesa
Published: July 2024

Objective: The objective of this study was to analyze spatio-temporal forest cover dynamics in the Chuta Gorgis forest in Gimbi District, Oromia Regional State, West Ethiopia over the last 40 years and predict future changes. Methods: Satellite image acquisition and field observation were employed as data collection techniques. Post-classification comparison change detection methods were utilized for forest cover change analysis. Landsat images from 1983, 1991, and 2023 were used to analyze forest cover changes and determine the types of land cover to which the forest changed. CA-Markov was employed to model future changes in forest cover. Results: The study revealed significant land use and land cover (LULC) changes in the study area, particularly in forest cover. From 1983 to 2023, the area experienced a decline in forest cover from 499 ha to 417 ha. Agricultural activity was identified as a major contributor to environmental pressure and forest cover change. This rapid alteration of forest cover led to various environmental issues, including soil erosion, loss of soil fertility, biodiversity loss, runoff, and flooding. The predicted forest cover change for the year 2050 indicates further decline, with forest cover diminishing to 386 ha. Conclusion: The findings underscore the urgent need for effective planning to protect the existing forest from further degradation. The study highlights the adverse impact of forest cover change on the livelihoods of the rural community in the study area, resulting in low agricultural productivity and socioeconomic challenges. Corrective measures, informed by the study’s findings, are recommended to mitigate the negative consequences of forest cover change and promote sustainable land management practices in the region.
An evaluation of clinical and epidemiological characteristics and autoantibody status of children with type 1 diabetes mellitus at presentation
Authors: Bolu Semih , Aşık Abdulvahit , Bucak İbrahim Hakan
Published: July 2024

Aim: The purpose of this study was to examine clinical and epidemiological characteristics and autoantibody status of children diagnosed with type 1 diabetes mellitus (DM) at presentation.
Methods: The data retrieved from the medical records of 80 patients with type 1 DM, aged under 18 and diagnosed at the Adıyaman Education and Research Hospital, pediatric endocrinology clinic and emergency department between September 2016 and December 2021 were examined retrospectively. Patients’ symptoms at presentation and clinical and laboratory findings were recorded.
Results: Thirty-four (42.5%) of the children with type 1 DM were girls and 46 (57.5%) were boys, with a mean age of 10.69±4.75 years. The presentation was most common in the 5-10 (33.8%) and 10-15 (31.3%) age groups. Diabetic ketoacidosis (DKA) was present in 36 (45%) of the children with type 1 DM at presentation, ketosis without acidosis in 30 (38%), and only hyperglycemia in 14. Sixty percent of the patients under five years of age, 48% of those in the 5-10 age group, and 33.3% of the 10-18 age group presented with DKA, and the frequency of presentation with DKA was higher among patients under five years of age than in the other age groups. Severe DKA findings were present in 13 (36%) cases, moderate findings in 10 (27.8%), and mild findings in 13 (36.1%). Anti-glutamic acid decarboxylase positivity was present in 14 cases (53.2%), islet cell antibody positivity in 37 (48%), and anti-insulin antibody positivity in 11 (14.2%).
Conclusion: The incidence rate of DKA in children with newly diagnosed type 1 DM and the rate of severe ketoacidosis among them are quite high in the province of Adıyaman. This shows the need to continue diabetes awareness programs and to reach a larger number of people.
Smoking Is Markedly Associated With 30-Day Readmission and Revision Surgery After Surgical Treatment of Clavicle Fracture
Authors: Ling Kenny , VanHelmond Taylor , Mehta Nishank , Barry Alaydi , Wang Eric , Komatsu David E. , Wang Edward D.
Published: July 2024

Background:

A recent database study found that 15.2% of clavicle fractures underwent surgical treatment. Recent evidence accentuates the role of smoking in predicting nonunion. The purpose of this study was to further elucidate the effect of smoking on the 30-day postoperative outcomes after surgical treatment of clavicle fractures.

Methods:

The authors queried the American College of Surgeons National Surgical Quality Improvement Program database for all patients who underwent open reduction and internal fixation of clavicle fracture between 2015 and 2020. Multivariate logistic regression, adjusted for notable patient demographics and comorbidities, was used to identify associations between current smoking status and postoperative complications.

Results:

In total, 6,132 patients were included in this study of whom 1,510 (24.6%) were current smokers and 4,622 (75.4%) were nonsmokers. Multivariate analysis found current smoking status to be significantly associated with higher rates of deep incisional surgical-site infection (OR, 7.87; 95% CI, 1.51 to 41.09; P = 0.014), revision surgery (OR, 2.74; 95% CI, 1.67 to 4.49; P < 0.001), and readmission (OR, 3.29; 95% CI, 1.84 to 5.89; P < 0.001).

Conclusion:

Current smoking status is markedly associated with higher rates of deep incisional surgical-site infection, revision surgery, and readmission within 30 days after open reduction and internal fixation of clavicle fracture.
Hypermobility Among Adolescents and the Association With Spinal Deformities: A Large Cross-Sectional Study
Authors: Hershkovich Oded , Gordon Barak , Derazne Estela , Tzur Dorit , Afek Arnon , Lotan Raphael
Published: July 2024

Introduction:

Adolescent idiopathic scoliosis and Scheuermann kyphosis are common spinal deformities (SD) among adolescents. The potential link between hypermobility and SD is a topic of debate. We aimed to investigate the prevalence of hypermobility and its association with SD.

Methods:

A cross-sectional analysis of records of 17-year-old subjects who were recruited into mandatory military service was conducted. Study population comprised 1,220,073 subjects. Prevalence rates were calculated for hypermobility and different categories of SD by severity, studying the strength of the association between hypermobility and SD.

Results:

Of 1,220,073 subjects, 0.0111% exhibited hypermobility. Spinal deformities were identified in 10.5% of subjects. Specifically, 7.9% had mild SD, 2.4% had moderate SD, and 0.1% had severe SD. The overall association between hypermobility and SD showed an odds ratio of 2.31 (P < 0.001). Subgroup analyses revealed ORs of 1.226 (P = 0.041) for mild deformities, 5.783 (P < 0.001) for moderate deformities, and 4.01 (P = 0.002) for severe deformities. The association was stronger for moderate and severe SD.

Conclusions:

This study establishes a notable association between hypermobility and SD among adolescents. The findings highlight the importance of understanding this relationship, which could contribute to advancements in comprehending SD development. Additional research is warranted to expand upon these findings.
Current Concepts in the Orthopaedic Management of Duchenne Muscular Dystrophy
Authors: Weintraub Matthew , Gupta Arjun , Khokhar Ahmed , Vives Michael , Kaushal Neil
Published: July 2024

Duchenne muscular dystrophy (DMD), a genetic condition marked by progressive muscle degeneration, presents notable orthopaedic challenges, especially scoliosis, which deteriorates patients' quality of life by affecting sitting balance and complicating cardiac and respiratory functions. Current orthopaedic management strategies emphasize early intervention with corticosteroids to delay disease progression and the use of surgical spinal fusion to address severe scoliosis, aiming to enhance sitting balance, alleviate discomfort, and potentially extend patient lifespan. Despite advancements, optimal management requires ongoing research to refine therapeutic approaches, ensuring improved outcomes for patients with DMD. This review synthesizes recent findings on surgical and nonsurgical interventions, underscoring the importance of a multidisciplinary approach tailored to the dynamic needs of patients with DMD.
Iedereen doet alles.  Een blik op de competenties van  GGZ-professionals in een context van deïnstitutionalisering
Authors: Magerman Jürgen , De Smet Stefaan , De Mayer Jessica , Vanderplasschen Wouter
Published: July 2024

De paradigmashift van een institutionele geestelijke gezondheidszorg naar meer gemeenschapsgerichte zorg geënt op een herstelgerichte visie hertekent het landschap van de geestelijke gezondheidszorg. Dit impliceert dat de rol, competenties en vaardigheden waarover hulpverleners beschikken eveneens moeten evolueren. Ook de beroepsidentiteiten dreigen te eroderen gezien er meer gekozen wordt voor transdisciplinaire werkvormen.
Met dit onderzoek willen we nagaan welke competenties leidinggevenden uit uiteenlopende settings binnen de geestelijke gezondheidszorg noodzakelijk achten voor basiswerkers om in deze nieuwe geestelijke gezondheidsstructuren te werken. Ook wensen we te exploreren wat volgens leidinggevenden en experten de rol van de beroepsidentiteit nog is in deze structuren. 
 
27 participanten bestaande uit 23 leidinggevenden uit drie Belgische GGZ-regio’s en vier experten werden via semigestructureerde interviews bevraagd welke competenties zij als noodzakelijk zien. De ad verbatim getranscribeerde interviews werden via de principes van een inhoudsanalyse geanalyseerd. Zelfsturende organisatievormen sluiten beter aan bij de realiteit van het werkveld. De leidinggevenden benadrukken nieuwe generieke competenties die nodig zijn bij de vermaatschappelijking zoals zelfsturing en netwerking. Beroepsspecificiteit blijft een belangrijke rol spelen, maar is moeilijker benoembaar. Dit uit zich niet in het toekennen van specifieke competenties aan een specifieke beroepsgroep, wel in de blikrichting die deze beroepsgroep heeft, gekleurd door de gehanteerde theoretische kaders.
Impact of School Learning Action Cell Program on Teachers’ Instructional Competence in Misamis Oriental: Basis for Professional Development Plan
Authors: Antiola Mary Ann , Ferenal Estrella S
Published: July 2024

The School Learning Action Cell (SLAC) program is a platform designed for teachers to enhance their teaching skills continuously. A study conducted in the Division of Misamis Oriental aimed to assess the impact of the SLAC program on teachers’ instructional competence. The research focused on describing the characteristics of the participants, evaluating the level of impact of the SLAC program on teachers’ instructional competence, examining the teachers’ instructional competence level, establishing the relationship between the program’s impact and teachers’ competence, testing the effects of the program on instructional competence, and developing a professional development plan based on the study’s findings. The study involved 350 public elementary school teachers and utilized statistical analysis methods like frequency, percentage, mean, standard deviation, and Pearson Correlation. Results indicated a significant positive impact of the SLAC program on teachers’ instructional competence, highlighting the effectiveness of the program in enhancing teaching skills. The study recommended the implementation of the developed professional development plan to support further teachers’ growth and engagement in Misamis Oriental’s educational system.
Extent to Which Grade12 Arabic Textbooks Meet the United Arab Emirates Goals of Sustainable Development in the United Arab Emirates
Authors: Almahdawi Asmaa Jumah
Published: July 2024

The study explored the effectiveness of Arabic textbooks for Grade 12 in the UAE in promoting sustainable development. It highlights the importance of renewable energy and environmental conservation and emphasizes the need for an interdisciplinary approach to education. The research also highlights the need for a comprehensive framework that considers social, economic, and environmental aspects of sustainable development. The study uses both quantitative and qualitative analyses. Four student interviews were done as part of a qualitative study in order to improve the research's outcomes, and a 200 participant sample was used in quantitative analysis to provide a nuanced understanding of the teaching of sustainable development in UAE school textbooks.
Mediating the Irish Way: Taking an Alternative Approach to Alternative Dispute Resolution in India
Authors: Manchanda Harshil , Mohindroo Aryan , Jain Silpi
Published: July 2024

In the past couple of decades, Ireland and India, both common law countries, have made attempts to strengthen the mediation regime in their respective countries, however, Ireland has experienced greater growth, both in terms of law and practice. Through this article, the authors attempt to study the developments in the legal regime on mediation in both countries and propose the adoption of certain features of the Irish model into the Indian legal system for greater regulation of mediation practices. The authors explore the various features of the Irish regime and the suitability of adopting the same into the Indian system. The authors address a wide range of issues relating to building a robust regulatory framework in India, such as the scope of enacting a legislation, providing better enforcement mechanisms and enhancing the quality of mediators.
Similar ? Equal – a Nuanced Approach to Remote Hearings: A Dutch Perspective
Authors: van Zelst Bas
Published: July 2024

This article proposes a nuanced approach to remote hearings, from the perspective of Dutch law. The Dutch Arbitration Act was revised in 2015. It grants an arbitral tribunal the discretionary power to decide that a hearing be conducted ‘by electronic means’. This article challenges the notion that that power is of a mandatory nature. It submits that the power for arbitrators to opt for a remote hearing is limited by fundamental principles of procedural law, the principle of parity, in particular. The article goes on to list relevant considerations in opting for a remote hearing in Netherlands-seated arbitral proceedings and considers this approach to be feasible in the international setting as well.
Revisiting Kompetenz-kompetenz and Arbitrability in the US Supreme Court: Vicious Circle of Delegation Clauses and Carve-Out Provisions in Henry Schein Inc. V. Archer and White Sales Inc.
Authors: Korynevych Viktoriia
Published: July 2024

The US courts have long recognized that arbitral tribunal has power to rule on arbitrability as long as parties ‘clearly and unmistakably’ delegated such power in the arbitration clause. The question as to what exactly constitutes ‘clear and unmistakable’ delegation still remains unanswered. In the 2020–2021 term, the US Supreme Court will have an opportunity to shed some light on the concept of ‘clear and unmistakable’ delegation. In 2019, in Henry Schein Inc. v. Archer and White Sales Inc., the Fifth Circuit Court of Appeals held that the presence of carve-out provisions in the arbitration clause negates an otherwise ‘clear and unmistakable’ delegation of arbitrability to arbitral tribunal. In other words, if arbitration clause excludes, for example, intellectual property disputes or injunctions, then arbitrability question automatically goes to courts. On 8 December 2020, the US Supreme Court heard the argument in the case and will likely decide it in 2021.
A Comparison of Singapore and Hong Kong’s Third-Party Funding Regimes to England and Australia
Authors: Kenny Caroline
Published: July 2024

Singapore and Hong Kong have both recently reformed their international arbitration statutes to permit third-party funding of international arbitration, albeit subject to regulation. Meanwhile, the United Kingdom and Australia have operated as mature third-party litigation funding markets for many years with little regulation. This article considers the historical objections to third-party funding and compares the regulatory framework for third-party funding in England and Australia to Hong Kong and Singapore. It also examines relevant provisions in the rules of the major arbitral institutions in each of these jurisdictions. It concludes that Singapore and Hong Kong have proceeded cautiously, preferring greater regulation for third-party funding than England and Australia. This is a welcome development for an industry often thought to profit too generously at the expense of funded clients.
Framework for the Resolution of Disputes Under the Belt and Road Initiative
Authors: Goh Allison
Published: July 2024

This article proposes a decision-making framework for the selection of a dispute resolution mechanism within the context of Belt and Road Initiative (BRI) projects. While arbitration remains the default choice for the resolution of international disputes, there is increased appetite for other mechanisms. Bolstered by the Singapore Convention on Mediation, the use of mediation, including in hybrid procedures like Med-Arb, is increasing. Dispute boards, such as under the Singapore Infrastructure Dispute-Management Protocol, are also a valued option as they are well-suited for large-scale infrastructure projects, which are the backbone of the BRI. Among international commercial courts, the China International Commercial Courts is likely to become a favourable destination for Chinese parties to site BRI disputes due to its flexibility and status as part of the Supreme People’s Court. Against the myriad of options available to parties, the decision-making framework aims to assist parties to choose an appropriate dispute resolution mechanism for their BRI contract.
Investor Accountability in International Investment Arbitration: Overcoming the Jurisdictional Hurdles in Placing the Foreign Investor in the Respondent Seat
Authors: Tien Chong Daniel Ling
Published: July 2024

The lack of investor accountability in Investor-State Dispute Settlement (‘ISDS’) has resulted in many instances of errant foreign investors taking advantage of the lax domestic laws and weak regulatory environments of the Host States in which they invest. From egregious violations of human rights to flagrant disregard for environmental considerations, many foreign investors have become a scourge to local communities – one for which locals have no effective panacea. While the rights of foreign investors are extensive, the limits to foreign investor behaviour are few and far between. The sovereign right of Host States to regulate are anxiously constrained, but investors are given free rein to operate in any manner which they deem fit. This article highlights the current lack of investor responsibility in ISDS and the impact which ensues. Based on a variety of primary and secondary sources, it proposes several possible solutions for the way forward.
Appeals in Arbitration: ‘To Be or Not to Be’
Authors: Thirgood Russell
Published: July 2024

The author recognizes and thanks Ms Caitlin Philp for her assistance with respect to research and proofreading for this article. Views expressed in this article are those of the author alone. This is an edited version of a paper delivered on 25 March 2021 as part of the Chartered Institute of Arbitrator’s Young Member Group ADR World Tour: Arbitration and Mediation as a Global Force for Good. From January to April 2021 regional webinars were presented providing a view of the ADR landscape from Asia, Africa, Australia, North America, The Caribbean and Central America, South America, Russia, Europe, India, The Middle East and China. These presentations and panel discussions highlighted the unique importance that ADR plays in allowing the global economy to remain operative during times of great economic uncertainty, such as that which arose during the global coronavirus pandemic. This article draws attention to the potential advantages and disadvantages of allowing for appeals on questions of law in international commercial arbitration. While allowing for appeals may look attractive on paper, the author concludes that the pure Model Law approach whereby appeals on questions of law are not permitted is the preferred course and best honours the fundamental principle of party autonomy which underpins the arbitral framework.
Application of Precedents in International Arbitration
Authors: Dhawan Pulkit
Published: July 2024

In spite of the extensive development and use of arbitration, there is a lack of clarity on the application of precedent in international arbitration. It has been commonly accepted that international arbitration has no system of legally binding precedent; yet arbitral awards refer to past decisions, and lawyers still rely upon past decisions in support of their arguments. However, an inconsistent set of decisions and incoherence in laws persists, as there is no binding precedential value for an award. There has been an increase in demand for consistency and predictability in arbitration decisions, in order to allow the development of law. Application of a binding doctrine of precedent is often considered as a means to achieve this desired coherence and growth in international arbitration. This article identifies the application of precedent in the current regime and examines the need for a binding doctrine of precedent within the arbitration mechanism. By understanding the present use of precedent along with its benefits and costs, it becomes possible to evaluate whether the application of precedent is compatible with the arbitration mechanism. This article also explores possible approaches to applying the binding doctrine of precedent in arbitration without hampering the basic tenets of the arbitration process.
The Move Towards Multi-Party Interim Appeal Arbitration: How Efficacious?
Authors: Sharma Divyansh
Published: July 2024

The Appellate Body (AB) of the World Trade Organisation (WTO) is in a period of severe crisis. Though generally composed of seven members, the forum’s composition has now dropped below three, the minimum number required to hear any new appeal. At its root, this deadlock arises out of the United States’ veto against any further appointments to the AB. However, it is important to understand the potential fallout likely to occur when approaching solution-oriented discussions from this perspective. This article hypothesizes that the crisis is not limited merely to AB members’ appointment but originates from a threat to core WTO tenets of mutual trust and multilateralism. In this context, it argues that the Multi-Party Interim Appeal (MPIA) Arbitration Procedure is a mere ‘band-aid’ solution that promotes complacence within Member States and distracts attention from the structural WTO transformations necessary to escape from the current impasse. Further, the article finds that the legal and practical feasibility of the procedure is suspect, and thus there is an urgent need to explore alternative means to restore a functioning multilateral trade disputes mechanism.
The Mediation Process of the Djibouti-Eritrea Territorial Dispute: Responsibilities Of, and Possible Defenses For, Qatar for Moving Out of the Process
Authors: T. Berhe Isaias , W. Andemariam Senai , M. Weldemichael Luwam
Published: July 2024

In June 2008 Djiboutian and Eritrean troops fought along the border between the two states. In June 2010, Qatar brokered a mediation agreement between the two states. In 2017 a multidimensional crises engulfed Qatar against four states (the Quartet). Djibouti and Eritrea apparently sided with the Quartet and Qatar quit the mediation process without giving official reasons. Qatar’s behaviour raises some fundamental questions. To address these questions, this article first presents the nature and substance of the unique mediation agreement. This article emphasizes on Qatar’s responsibilities, under international law, for quitting the mediation process. Possibilities for Qatar to justify its withdrawal and, should there be no such justification, the remedies available to Djibouti and Eritrea will then be discussed. This article recommends pursuing a more comprehensive dispute settlement process in light of the limited scope of the mediation agreement and the need to address other issues related to the dispute.
French Wine in New Bottles: Revirement de Jurisprudence in French Consumer Arbitration Law
Authors: Chevalier Maxime
Published: July 2024

For almost two centuries, French judges had closed their eyes when arbitration agreements were inserted in international consumer contracts, allowing such clauses to stand and favouring the rigid application of French international arbitration law at all costs. Arbitration agreements inserted in international consumer contracts were systematically enforced, in the name of both the negative effect of the compétence-compétence and the autonomy of international arbitration agreements. However, in the PwC case, the Cour de cassation recently reversed its long-standing jurisprudence by refusing to enforce an international consumer arbitration agreement. To do so, the Court quashed the applicability of the negative effect of compétence-compétence, giving supremacy to European law protecting consumers, and characterized this arbitration agreement as abusive. While such an audacious decision is to be welcomed, it could open the door to European law’s primacy over French international arbitration law. Besides, international consumer arbitration agreements are not all abusive. Online arbitration agreements should be enforceable against consumers, even if such a process presents challenges.
The Development of Investor-State Mediation and Its Future in Supporting Energy Transition
Authors: Crow Jessica , Kumberg Wolf von
Published: July 2024

This Article provides updates on the recent developments in investor-state mediation and sheds light on some of the efforts undertaken by several institutions to regulate and promote this amicable mode of dispute resolution. This development is particularly important in the light of climate change and the efforts being made by governments to reduce greenhouse gas (GHG) emissions in order to meet the long-term temperature goals established in the Paris Agreement. As states and private enterprise move forward to put in place sustainable energy systems and to eliminate fossil fuel emissions, this will lead to a seismic shift in the way we deal with energy production. This, in turn, will lead to disputes based on current investments and contractual commitments in heavy emitting industries. States, in particular, will be vulnerable to investment claims as they make changes to domestic energy policy and environmental regulations become more stringent over time. This article will seek to explore how mediation might be used as an effective mechanism to deal with these investor-state climate-related disputes.
Document Production, Late Evidence, Cross-Examinations and Witness Coaching in CIETAC Arbitrations Seated in Vienna, Austria
Authors: Peter Adolf
Published: July 2024

The article explores China International Economic and Trade Arbitration Commission (CIETAC) arbitrations seated in Vienna and addresses legal implications of the interplay between the CIETAC Arbitration Rules and the Austrian arbitration law in connection with document production, additional rounds of written submissions/late submissions of new facts and evidence, and crossexaminations including witness preparation and coaching. The Austrian arbitration law vests the arbitral tribunal with the power to conduct the proceedings in such a manner as it considers appropriate. As a consequence, the arbitral tribunal is authorized (unless the parties agree otherwise) to apply the Rules on the Taking of Evidence in International Arbitration of the International Bar Association (IBA Evidence Rules), the CIETAC Guidelines on Evidence (CIETAC Guidelines) or the Prague Rules. As a consequence, the article also highlights some of the most important differences between the IBA Evidence Rules, the CIETAC Guidelines and the Prague Rules. US-style discoveries or fishing expeditions violate Austrian public policy. Cross-examinations are allowed, but witness coaching and leading questions are available only to a limited extent. The article provides a proposal for new provisions to be included in CIETAC’s ProceduralOrder No. 1 covering additional rounds of written submissions, the late submission of evidence and the introduction of new facts.
Artificial Intelligence in International Arbitration: A Step Too Far?
Authors: O. Onyefulu Annabelle
Published: July 2024

The emergence of the global pandemic has propelled the increased usage of artificial intelligence (Hereinafter referred to as ‘AI’) in the workplace. Technological advancement in the legal environment, evident in such functionalities as digitalization, blockchain, and machine learning, amongst others, have significantly affected international arbitration. The application of these technologies may promote efficiency, cost, and speed on the one hand, whilst perhaps, violating the current regulatory frameworks in international arbitration on the other. Accordingly, this research article undertakes a brief analysis of the future of international arbitration vis-à-vis the introduction of new technologies, including an evaluation of the possibility of replacing human arbitrators with AI arbitrators. Attention is paid to the public policy requirements and ethical issues that may arise therefrom.
Arbitrating in a Modern World: Challenges and Opportunities
Authors: Blanke Gordon
Published: July 2024

This lecture was delivered as the 2023 International Dispute Resolution Institute (IDRI) Annual Lecture in Abuja, Nigeria, on 28 April 2023. It discusses the major challenges and opportunities of arbitrating in a modern world. In doing so, it addresses the increasing digitalization of arbitration, the introduction of two main new types of arbitration, i.e., digital/online arbitrations on the one hand and free zone arbitration on the other, as well as the arbitration of new types of disputes, i.e., disputes involving economic sanctions and disputes related to human rights (HR). In this sense, this lecture offers a tour d’horizon of the changing face of arbitration in the 21st century, testifying to its innate procedural flexibility and adaptability. Arbitrators and arbitral institutions, in turn, are advised to adapt in order to stay relevant in the modernizing discourse of arbitration.
Cryptocurrency Insolvency Disputes: Challenges and the Efficiency of Mediation
Authors: Babaie Atie
Published: July 2024

The global cryptocurrency industry wields significant influence over financial markets, with farreaching consequences for entire economies. While cryptocurrencies hold the potential to foster innovation, transparency, and benefits across various industries, they also introduce problems and disruptions, particularly in cases involving cryptocurrency insolvency and its resolution. In such instances, mediation, an alternative dispute resolution (ADR) technique wherein a neutral third party known as a mediator facilitates discussions and aids in reaching a mutually agreeable solution, can prove invaluable. By employing mediation in contentious cryptocurrency insolvency matters, it becomes possible to achieve resolutions that benefit both debtors and creditors, while also bolstering national economies. This research delves into the existing mechanisms for cryptocurrency dispute resolution and the challenges they present, drawing from recent cases in different countries. The objective of this study is to evaluate the position of mediation in global insolvency disputes, followed by the presentation of potential avenues that position mediation as an efficient mechanism for addressing insolvency disputes concerning cryptocurrencies.
Kompetenz-Kompetenz: An Irish and UK Evaluation of Judicial Perspective
Authors: Cookman Daniel
Published: July 2024

The purpose of this article is to highlight that arbitrators in certain instances retain determination of their own jurisdiction.1 I contend that, while arbitrators retain competence on jurisdictional matters, this competence is not exclusive to the arbitration tribunal. To the extent that a court is always precluded from reviewing an agreement purporting to contain an arbitration clause, I examine when a court will preclude a party from ‘having their day in Court’ on the grounds that the parties concluded a valid arbitration agreement. Examination will be provided from both an Irish and English perspective.
The Worldly Arbitrator: Conflicts of Interest Due to Close Personal Friendship and Enmity in a Cross-Cultural Context
Authors: A. Escobar Alejandro
Published: July 2024

This article considers conflicts of interest based on “close personal friendship” and “enmity” in the light of the enhanced importance of the factual context for such allegations. The article surveys recent decisions of national courts and arbitral institutions. It concludes that the threshold for finding a conflict on these grounds remains high, mainly because arbitrators enjoy a relatively broad sphere of professional activity. There seems to be convergence on the application of an objective test along the lines of the IBA Guidelines, which encourages transparency. Consistent with this view, arbitrators should apply a significantly lower threshold for disclosure of relevant (i.e., non-trivial) personal relationships. Enmity, however, seems to follow a different dynamic and is less amenable to arbitrator disclosure.
Different Approaches to Counsel Conflicts of Interest: Moving Towards a Common Duty
Authors: Keating Ruth , Brynmor Thomas Kc David
Published: July 2024

The general and universal duty of counsel to avoid creating conflicts of interest in arbitration is vexed – some would question the very existence of such a duty. As is explored in this article, the fundamental issue is the tension between the right of individual parties to choose the counsel they wish and the right of all participants to an independent and impartial tribunal. Surrounding all of this is the fact that each counsel will, in the background, be subject to their own domestic ethical regulations. Drawing on case law examples and arbitral rules, this article explores whether a universal duty of counsel to avoid conflicts of interests exists and, if so, the scope of such duty.
A Commentary to the HKIAC Early Determination Procedure
Authors: Liu Joe
Published: July 2024

Summary disposition of disputes in arbitration is now supported by express provisions in many arbitration rules. The Hong Kong International Arbitration Centre (HKIAC) introduced its Early Determination Procedure (EDP) in the 2018 HKIAC Administered Arbitration Rules, providing a two-stage process for early determination of manifestly unmeritorious points of law or fact under a short timeframe. This article reviews the historical development, drafting intention, current statistics and tribunal decisions in respect of EDP based on the author’s first-hand experience in drafting the provisions and seeing how they were applied in practice.
Summary Procedure under the SCC Arbitration Rules
Authors: Sidklev Johan , Mellberg Philip
Published: July 2024

As summary procedure has become an increasingly emergent feature of international arbitration, it has simultaneously given rise to numerous questions regarding its use and application.While the specifics of the procedure vary across the arbitration institutes which have now expressly incorporated this procedure, its essence is that certain issues of fact or law may be decided on a preliminary basis. In other words, summary procedure allows the arbitral tribunal to dismiss claims on the merits without conducting a full arbitration. It stands to reason that such a procedure could have benefits from the point of view of efficiency – arguably one of the most fundamental aspects of arbitration – but it has been questioned to what extent it is consistent with other fundamental considerations in arbitration, such as the right to be heard. Such questions with respect to this largely unused procedure are only few of many more which have been recognized in international arbitration discourse in recent years.This article constitutes our contribution to this discourse by focusing on the summary procedure under the SCC Arbitration Rules adopted in 2017 while viewing it in its proper international context.
Decisions by the ICC Court Allowing Arbitrations to Proceed
Authors: Carlevaris Andrea , Digón Rocío
Published: July 2024

As with similar provisions in other arbitration rules, Article 6(4) of the ICC Rules gives the ICC Court the authority to decide whether, and with respect to which parties and claims, an arbitration may proceed following a referral by the Secretary General under Article 6(3). As recognized by the case law in several jurisdictions, these decisions are administrative, and not jurisdictional, in nature, even though they may require a prima facie analysis of the arbitration agreement. The Court shall allow an arbitration to proceed when the parties have submitted evidence showing that an arbitration agreement under the Rules may exist.Article 6(4) operates as a gatekeeper for the parties’ ability to arbitrate.
Prima Facie Jurisdiction under the DIAC Arbitration Rules 2022
Authors: Coello Hedberg Christoffer , Barna Peter , Sobek Antonin
Published: July 2024

The Dubai International Arbitration Centre (DIAC, or Centre) is a leading, independent arbitral institution for the Middle East, Africa and South Asia. The Centre is committed to excellence, efficiency, and diversity and, in the past year, it has implemented several changes to meet the demands of users, including appointing a new Executive Director; expanding the Secretariat and appointing an experienced Registrar and Deputy Registrar with a track record of putting users first; reforming the Arbitration Court; and adopting modernised Arbitration Rules (the Rules). This article describes the procedure and threshold applied by the Centre when determining whether it has prima facie jurisdiction to administer an arbitration and presents examples from the Centre’s caseload to provide practitioners with a better understanding of the applicable standard.
Leveraging Privacy Torts: A Case for Statutory Damages under European Data Protection Law
Authors: Pastukhov Oleksandr
Published: July 2024

Privacy torts remain poor relations of European Union (EU) data protection law. The Data Protection Directive’s rules on compensation for damages caused by intrusions of privacy remained largely unchanged in the General Data Protection Regulation (GDPR) that is preoccupied with administrative measures against the violators of its rules more than with arming the victims of privacy infringements with effective and efficient rules on privacy torts. This article addresses the issue of the underutilization of the right of private action under EU data protection law by identifying deficiencies of the rules on damages contained in both the Directive and the Regulation and arguing for their reinforcement with provisions on statutory damages. In search for guidance, it looks into the application of statutory damages in intellectual property (IP) law, their potentially punitive effect and, on the basis of the privacy case law of the European Court of Human Rights, offers indications of possible amounts of the statutory damages being proposed.
The Impact of the European Union Customs Reform on the Origin and the Customs Value of Goods
Authors: Grave Jean-Michel
Published: July 2024

The origin and the customs value of goods are topics which are not on the front of the European Union (‘EU’) customs reform. However, the adoption and application of the proposals for that reform, as presented in the Special Issue 18-11/12 of this Journal, would have a significant impact on the EU rules on origin and customs valuation, as well as on decisions taken by the customs authorities in those matters. This impact would be manifest for the calculation of import duties under the simplified tariff treatment that would apply for distances sales of goods imported from third countries (e-commerce). The reform would also confirm the extension of the scope of decisions relating to binding information to customs valuation (BVI decisions) and affect some aspects of the management of those decisions. As regards preferential origin, it would introduce new conditions for retrospective claims of preferential tariff treatment on originating goods imported in the EU. It would as well provide for the possible adoption of implementing measures to determine the customs value in specific situations, and attribute a supporting role to a new EU Customs Authority (‘EUCA’) in origin and valuation matters. We are still too early in the legislative process to assess to which extent the proposed common provisions on customs infringements and non-criminal sanctions would contribute to harmonize the treatment of e.g., undervaluation or misdeclaration of origin by Member States. This article aims at zooming on those various effects, in the field of origin and customs valuation, pf the proposed reform.
Life on the Island: Collage Portraiture and Storytelling as Community Building
Authors: Gerstenblatt Paula , Luken Lisa , Chalmers Elizabeth
Published: July 2024

This qualitative study explored the experiences of island residents who participated in a collage portraiture workshop. Workshop participants used collage portraiture, an arts-based research method, to tell their stories of island life and engage with fellow community members. Nine island residents participated in the workshop and were interviewed about the experience using a semi-structured interview guide. Interviews were transcribed verbatim, and data analysis revealed three overarching themes: (a) the process of collage portraiture, (b) collage portraiture as storytelling, and (c) future use of collage portraiture. This study contributes to a small body of literature investigating the use of collage portraiture as a method of storytelling and as an arts-based research method for use in community building.
Relação do diabetes com a resistência à insulina
Authors: Gomes Silvio Pires , Rezende Antônio Flávio de , Oliveira Victor Hugo Silva de , Oliveira Vinicius Pedro Silva de
Published: July 2024

A insulina é um hormônio anabólico produzido pelo pâncreas, especificamente pelas células beta. É um polipeptídio responsável por diminuir o açúcar circulante na corrente sanguínea, facilitando o influxo de glicose nas células, sendo capaz de regular vários processos metabólicos. A resistência à insulina, caracterizada pela redução ou perda da capacidade de estímulo, insulinodependente, propiciando a metabolização da glicose, pode ocorrer devido a déficits nos receptores de insulina ou alterações nos mecanismos de sinalização. Eventos hiperglicemiantes persistentes ou doenças endócrinas, podem predispor indivíduos a desenvolver diabetes mellitus tipo 2, mais comum da diabetes, que está associada a um estilo de vida sedentário e dieta hipercalórica, correlacionando-se diretamente à obesidade. A obesidade é uma doença multifatorial associada a um risco elevado de desenvolvimento de outras doenças crônicas adjacentes e desempenha um papel importante na produção de adipocinas pró e anti-inflamatórias. Proteínas pró-inflamatórias estão envolvidas na inflamação sistêmica, induzindo o desenvolvimento de resistência à insulina, levando à hiperinsulinemia, frequentemente associada à obesidade. Essa associação leva à vasoconstrição, retenção de sódio e ativação do sistema nervoso simpático, ocasionando a hipertensão arterial. Essas comorbidades em conjunto constituem o que chamamos de síndrome metabólica.
ON PATRIOTIC EDUCATION OF STUDENTS IN THE PROCESS OF PHYSICAL EDUCATION AND SPORTS
Authors: Галушко С.И.
Published: July 2024

Сложные годы постсоветского развития страны с концепцией деидеологизации общества привели к снижению внимания к патриотическому воспитанию, необходимость усиления которого среди молодежи и студентов становится все очевидней. Введение в практику проведения занятий физической культурой и спортом в стенах Санкт-Петербургской государственной художественно-промышленной академии им. А. Л. Штиглица элементов патриотического воспитания студентов на примерах мужества и героизма, проявленных в период Великой Отечественной войны жителями блокадного Ленинграда и его защитниками, позволяет помочь учащимся сориентироваться в условиях сложной международной обстановки. С этой целью руководством академии принято решение о проведении ознакомительных занятий для студентов 1-го курса, проводимых преподавателями кафедры физического воспитания на территории Музея обороны и блокады Ленинграда.

The difficult years of the post-Soviet development of the country with the concept of de-ideologization of society have led to a decrease in attention to patriotic education, the need to strengthen it among young people and students is becoming increasingly obvious with the tightening of existing challenges. The introduction of elements of patriotic education of students of the St. Petersburg Stieglitz State Academy of Arts and Design into the practice of physical culture and sports based on examples of courage and heroism shown during the Great Patriotic War by residents of besieged Leningrad and its defenders, allows students to navigate in a difficult international situation. Stieglitz Academy administration decided to conduct introductory classes for first-year students conducted by teachers of the Department of Physical Education on the territory of the Museum of Defense and Siege of Leningrad.
RUSSIAN BOGATYR: PERCEPTION OF TRADITION
Authors: Балаева С.В.
Published: July 2024

Герой-богатырь занимает в русской культуре особое место: это человек, наделенный мудростью, силой, добротой, стремлением к справедливости. Это образ защитника Русской земли, сформированный многими поколениями. В XXI в. образы богатыря и других исконных персонажей русского эпоса и сказок проходят испытание зарубежными влияниями.

The bogatyr occupies a special place in Russian culture: he is a person endowed with wisdom, strength, kindness, and a desire for justice. This is the defender of the Russian land, formed by many generations. In the twenty first century the images of the bogatyr and other original characters of the Russian epic and fairy tales are being tested by foreign influences.
THEMATIC TRENDS FOR GRADUATION WORKS FOR CHURCH ARCHITECTURE: PRACTICE OF THE DEPARTMENT OF MONUMENTAL AND DECORATIVE PAINTING OF THE STIEGLITZ ACADEMY
Authors: Крылов С.Н.
Published: July 2024

На рубеже столетий для художников-монументалистов открылась дополнительная, не допустимая в Советском Союзе, возможность творческой реализации — церковное направление. В публикации представлен опыт кафедры монументально-декоративной живописи Академии Штиглица, связанный с увековечиванием образов святых покровителей Земли Русской.

At the turn of the 20th century, an additional, unacceptable in the Soviet Union, opportunity for creative realization opened up for muralists — the direction of the church. The publication presents the experience of the department of monumental and decorative painting of the Stieglitz Academy, associated with the perpetuation of the images of the patron saints of the Russian Land.