bluuebunny/crossref_metadata_2025 huggingface dataset:
The Collaborative Economy Legal Conundrum: A Way Forward Through Harmonization
Authors: Inglese Marco
Published: March 2022

The collaborative economy has recently arisen as a new phenomenon, disrupting some of the most consolidated acquisitions of the European Union’s internal market. At the national level, tribunals, legislatures and municipalities have to cope with new regulatory challenges for which old patterns are no longer suitable. Consumers and economic operators, in turn, are exploiting the countless opportunities the collaborative economy brings. Against this background, this article will be structured as follows. First, it will identify the constitutive elements of the collaborative economy, linking them to the completion of the EU digital single market in light of the judgments involving Uber recently delivered by the Court of Justice of the European Union. Second, since the Italian Parliament has a legislative proposal in the pipeline aimed at boosting the collaborative economy and at regulating online platforms, this specific national experience will be taken as a model for a possible EU regulatory intervention. Third, taking stock of that element, this article will argue in favour of an EU legislative act in the form of a directive that would regulate at least the most controversial aspects of the collaborative economy. In conclusion, this article will forward the argument that such a directive would benefit both operators and consumers, enhancing transparency in online transactions as well as improving legal certainty.
A Frictionless Border for Gibraltar: Stumbling Blocks and Solutions Following Brexit
Authors: Meinen Lilian
Published: March 2022

Gibraltar is a British Overseas Territory of around 6 square kilometers, inhabited by 30,000 people. Despite its size, it is an important issue within Brexit negotiations. In Gibraltar, 96% of the voters voted to ‘remain’ within the European Union (‘EU’), but are now set to leave when the EU and the United Kingdom (‘UK’) reach a withdrawal agreement. This article examines the question of what stumbling blocks will arise for Gibraltar following Brexit, and which solutions could be considered in order for Gibraltar to have a ‘frictionless’ border with the EU. As Gibraltar’s economy concentrates on the services sector, where not only Gibraltarians but also a lot of Spanish and other EU nationals work, the free movement of services and persons are of particular importance. This article analyses their trade-related consequences, and then focuses on two models that can provide some insight on the future relationship between the EU and the UK, with special consideration for Gibraltar: (1) the ‘reverse Greenland-model’, and (2) the Norwegian model. It concludes that there will definitely be some stumbling blocks on the way, but that the softer the Brexit, the less friction there will be on the border.
Internal Market Acquis as a Tool in EU External Relations: From Integration to Disintegration
Authors: Öberg Marja-Liisa
Published: March 2022

Brexit and the ensuing uncertainty about the United Kingdom’s (UK’s) future relationship with the European Union (EU) have brought the participation of non-EU Member States in the internal market to the centre of academic attention. The latter phenomenon is not novel and many of the existing frameworks for cooperation between the EU and its neighbourhood countries have been used as models for a possible post-Brexit arrangement. This article identifies the various roles played by the internal market acquis – both of integration and disintegration – in the EU’s relations with its neighbourhood by analysing the dynamics between the aims of various bilateral and multilateral instruments and the character and scope of the internal market acquis contained therein. The article argues that over time the function of the internal market acquis has evolved from providing a legal framework for the functioning of the internal market among the EU’s Member States to also integrating third countries into the Union’s sphere of influence beyond the accession process, and even membership. The internal market can thus no longer be regarded as an ‘internal’ and exclusive affair for the committed few that offers inspiration and limited access for third countries but rather as a dynamic and geographically inclusive form of collaboration between the Union and its periphery.

internal market acquis, EU external relations, neighbourhood policy, European Common Aviation Area, Energy Community, Transport Community, European Economic Area, Switzerland, AA/DCFTA, Brexit, integration, disintegration
Technology Transfer Contracts and the TRIPS: Interpreting High and Low Consensus Norms
Authors: Davies Arwel
Published: March 2022

China’s rules and practices in relation to technology transfer have been of long-standing concern to its trading partners. These concerns are most strongly evident in the United States Trade Representative’s section 301 Report which foreshadowed the imposition of substantial increased tariffs on Chinese goods; a move which was quickly mirrored by China. This article subjects some of these concerns to legal scrutiny. Particular attention is given to China’s treatment of grantback clauses in technology transfer contracts which speak to the ownership of improvements made to \licensed technology. China’s outgoing and recently revised rules are evaluated under two questions. The first is whether China’s rules are discriminatory contrary to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) national treatment obligation. The second is the extent to which states are free under the TRIPS to interfere with freedom of contract in technology transfer. The article identifies a shift as between the two questions from high consensus, to low consensus norms. While the prohibition on discrimination must be strictly interpreted and applied, other TRIPS provisions which touch upon the control of anti-competitive practices in technology licensing, do not remotely reflect a stable international consensus. Interpretations of these provisions should therefore seek to accommodate different approaches, rather than presume that they reflect and prioritize one approach to the exclusion of others.

technology transfer, technology licensing, grantback clauses, TRIPS, national treatment
Investment Screening in the Netherlands
Authors: de Kok Jochem
Published: March 2022

Despite imperfections, the Dutch framework for investment screening could function as a model for more proportionate and clearer investment screening rules. From a procedural perspective, the Dutch framework illustrates that it is possible to establish objective thresholds in order to more specifically target certain companies or categories of companies. Substantively, the Dutch framework shows that the general test of ‘security’ can be narrowed down to more specific substantive criteria. Providing clearer procedural thresholds and substantive tests under investment screening regulations, both in the Netherlands and elsewhere, will help ensure that investments are only restricted or prohibited where genuinely necessary and proportionate in order to safeguard national security interests. The Commission and national authorities throughout the Union should therefore endeavour to establish clearer procedural thresholds and frameworks of assessment to ensure that only transactions that can reasonably pose a threat to security or public order are made subject to filing obligations and are assessed on the basis of more clearly defined substantive criteria.

investment screening, FDI screening, security screening, investment law, national security, proportionality, Chinese investments, Regulation 2019/452, investeringstoets, veiligheidstoets, ongewenste zeggenschap
Loophole or Fire Alarm? The Consensus Requirement for the Appointment of Appellate Body Members and the Institutional Design of the WTO
Authors: Vidigal Geraldo
Published: March 2022

The past four years have shown that, in contrast to previous assessments that saw the WTO dispute settlement organs as exercising irresistible authority over the WTO Agreements, a WTO Member can single-handedly derail the functioning of the WTO by obstructing appointments to the Appellate Body. This article investigates the origins and character of this feature of theWTO Agreements and examines possible means to overcome it, arguing that merely appointing seven new Appellate Body members will not be sufficient to the future operation of the dispute settlement system. If Members wish to avoid obstruction of appointments becoming a regularly employed negotiation tactic, they must explicitly establish that this possibility is not an integral feature of the institutional design of the WTO– a fire alarm thatMembers can resort to in case they are dissatisfied with developments within the organization – but an unwarranted loophole in the WTO institutional structure. Among the possible courses of action available to address it, one that is both politically feasible in the short term and unlikely to have its legal effects disputed is a decision, made by consensus by theMembership, to clarify the relationship between the decision-making authority of the Ministerial Conference and the provisions governing appointment of Appellate Body members.

World Trade Organization, Appellate Body, International Dispute Settlement, Institutional Design, Dispute Settlement Body, International Courts
The Political Psychology of Vertical Trust Between the European Union and the Member States
Authors: Lonardo Luigi
Published: March 2022

Mutual trust in European Union law traditionally refers to a horizontal relationship between Member States, requiring them to consider ‘all the other Member States to be complying with EU law’, as the European Court of Justice has repeatedly stated. This Article considers a new perspective: is it possible to detect the existence of trust between Member States on one hand and the European Union’s institutions on the other hand? If so, what are its legal manifestations? And what light does trust shed on the cooperation between the peoples of Europe? To answer these questions, the Article seeks to offer a synthetic vision of the case law, selecting legal issues of European integration as examples of ascending (from Member States to the EU) and descending (from EU to Member States) trust. It then discusses reasons why the Court of Justice of the European Union may want to create a relationship of trust with Member States, drawing from the fruitful insights of political psychology.

EU law, mutual trust, political psychology, vertical trust, supremacy, internal market
Servicing the Internal Market: The Contribution of Positive Harmonization Through the Services Directive and Its Interaction with Negative Integration
Authors: Maletic Isidora
Published: March 2022

The article considers the principal legal implications of the key, general legislative framework on services regulation, the Services Directive (Directive 2006/123/EC on services in the internal market), exploring, several years since its implementation deadline and in view of the emerging litigation, the resilience of this regulatory endeavour at the heart of the EU’s economy. In particular, the present contribution analyses focal aspects of the directive, especially as interpreted by the Court of Justice of the European Union, through the prism of the directive’s objectives of legal certainty, acquis compatibility, and synchronization. In doing so, the study evaluates the contribution of the directive to positive harmonization and its interaction with the negative integration regime for the completion of the internal market in services.

Free movement of services, Freedom of establishment, Services Directive, Directive 2006/ 123, Positive harmonization, Negative harmonization, Exhaustive harmonization, Administrative cooperation, Purely internal situation, Healthcare
Turnover Taxes, the Fight for the National Tax Base and the EU Court of Justice: An Undeserved Triumph for Member State Direct Tax Autonomy?
Authors: Varju Marton , Papp Mónika
Published: March 2022

The additional taxation of corporate turnover has emerged in the EU Member States and at the EU level as part of efforts to secure the national tax base and presumably to enable a fair and equitable sharing of the tax burden among corporate taxpayers covered by the national tax jurisdiction. Its introduction is usually based on the expectation that such taxation enables the exercise of taxing rights over value generated in the national analogue and digital economy when the traditional taxation of corporate income seems to fail in achieving the same. However, turnover taxes are problematic tax instruments from a legal perspective and their lawfulness is debatable as a matter of both EU and national law. After years of contestation before the European Commission and the courts of the EU based on EU internal market and State aid law, it has been revealed that EU law is not available to challenge some of the fundamental problems with the regulation of turnover taxes. As the law now stands, there is a possibility that in this area of taxation Member States can get away with misrepresenting their intentions and abusing their taxing rights in this way. This latter issue must not be overlooked when addressing the non- or under-taxation of corporate taxpayers in the national and the European economy.

turnover taxation, digital taxes, national tax base, Member State tax policy autonomy, discrimination, abuse of taxing rights
A (In)Arbitrabilidade dos Dissídios Individuais Trabalhistas
Authors: Júnior Benedito Aparecido Tuponi
Published: March 2022

ABSTRACT: It controverts the brazilian doctrine regarding the objective arbitrability of the individual labor agreements, cente­ring itself it quarrel around the definition of the availability or not of the labor rights. The solution of the divergence passes by the recovery of the slight knowledge of principles and non-availability in the general theory of law and under the optics of the specialized branch of the labor law. In elapsing of this passage, confront itself with a uncompromised pro-arbitration tendency of the principles that inspire the labor law, generating an interpretation distorted and prejudicial to the legal system as a whole, that it fulfills to be corrected by means of the systematic-constitutional interpretation of the article 1º of the Law nº 9.307/1996.
Arbitraje en México: las Nubes se Despejan en el Cielo Mexicano
Authors: González de Cossío Francisco
Published: March 2022

ABSTRACT: Makes a description of the recent developments of arbitration in Mexico. Focusing on the most telling topics to "take the pulse" of the "arbitration health" of the jurisdiction, the author canvasses recent practices and case law that shed light as to how, not only that quantity, but also quality, of the Mexican arbitration practice has grown.
Arbitragem nos Contratos de Franquia
Authors: Dias Lucas de Souza , Benetti Timm Luciano
Published: March 2022

ABSTRACT: This work aims at analyzing the use of arbitration in franchising agreements and to show the arbitration is an alternative way for conflict resolution, as it can offer many economic advantages to the franchisor as to the franchisee concerning the preparation of the franchising agreement. Methodology is based on legal literature, judicial precedents and data collected by entrepreneurial associations. The conclusion is that arbitration is an efficient solution for contracting parties. The legal admissibility of arbitration in franchising agreements shall depend on the nature of the adhesion of the contract. The factual issue shall be considered exclusively by the arbitrator (kompetenz-kompetenz).
Les Rapports entre le Droit Privé Européen et la Convention de Viene de 1980 sur la Vente Internationale de Marchandises
Authors: Fradera Vera
Published: March 2022

ABSTRACT: This article deals with the relationships between European private law and the CISG in the sense of beeing its contribution the most efficient to the aim of the harmonization of the contracts law, making easier the development of the Common Market, in a more effective way than another unification instruments, such as Unidroit Principles and the Code Européen des Contrats. Starting from the analysis of the obstacles for the uniformization of contracts rules in the European space (the pluralism of legal systems and the different languages of Law), as well the author demonstrates that the CISG would be the ideal tool to harmonize the different conceptions of contract law in effect into the European Union. Indeed, after almost thirty years of its publication, the CISG has had a remarkable sucess, beeing adopted by 72 countries. Nevertheless, not everything is perfect on its path, because its article 7 determines that the Convention will have an uniform interpretation, an aim that is very hard to be reached, due to the existence of many obstacles, as pointed above. Based on the lessons of some masters, like Claude Witz and Pierre Yves Gauthier, the author suggests the adoption of the article 7 of the CISG as a support to the rule of the facultative precedent . In addition, again the author agrees once again with M. Witz and Gauthier, that it will be necessary to create International and Regions Courts, in order to obtain an effective uniform interpretation of the CISG rules.
Tutela de Urgência e Arbitragem
Authors: Guerrero Luis Fernando
Published: March 2022

ABSTRACT: This paper has for target to analyze the procedures for obtaining interim reliefs in situations where the parties have decided to settle disputes by arbitration. Hence, the work intend to investigate how the interaction, whether it's cooperative or of superposition and when it occurs, grounded on positive and negative effects of arbitration agreement. Reasoned on this perspective, will be verified the arbitrator powers and in which limits are exercised such function in interim reliefs. On the other hand, will be verified the ways which the interim reliefs will be fulfilled during an arbitration or before an arbitration process. This work aims to fulfill the main practical issues arising from this situation from the analysis of arbitrators powers and arbitration agreement's effect.
Os Efeitos da Sentença Arbital Anulada em Seu País de Origem em Direito Francês
Authors: Silveira Gustavo Scheffer da
Published: March 2022

RESUMO: A jurisprudência francesa, em matéria de arbitragem, é conhecida por seus posicionamentos originais. Em particular, ela não hesitou a reconhecer uma sentença arbitral que foi anulada em seu país de origem. Esse posicionamento, isolado em direito comparado, foi muito comentado e criticado. Com efeito, a jurisprudência francesa nega a influência da sede da arbitragem sobre a sentença. Além disso, essa solução se situa ao centro de um debate sobre a natureza da arbitragem, que opõe os defensores de uma representação deslocalizada e os defensores de uma representação localizada da arbitragem internacional. Para justificar que a anulação da sentença pela jurisdição da sede não produz efeitos na França, a Corte de Cassação considerou que a sentença arbitral não era vinculada a nenhuma ordem jurídica estatal. Para muitos autores, essa afirmação parece justificada. No entanto, é necessário analisar os fundamentos da eficácia da arbitragem. Além disso, ela resulta em dificuldades práticas que devem ser solucionadas.
Os Contratos Administrativos e a Arbitragem
Authors: Silva Thiago Tavares da , Benetti Timm Luciano
Published: March 2022

ABSTRACT: A subject that has generated much discussion in legal scholarship is the possibility of the government using arbitration to resolve disputes involving its agreements. Normally, Brazilian administrative law has very rigid rules without much room for flexibility. However, the relationship between public and private sectors has undergone substantial modifications. Increasingly, the private sector is more related in infrastructure and other governmental areas through partnerships to achieve certain economic and social purpose. Thus, the Administrative Law was forced to soften concepts and ways to satisfy both private entrepreneurs and the public interest as well. The arbitration arises as a quick and effective resolution of disputes under an administrative.
O Tratamento da Revelia no Procedimento Arbitral
Authors: de Oliveira Bruno Batista da Costa
Published: March 2022

ABSTRACT: This article analyzes the different forms how the arbitration sphere deals with the lack of defense of the litigants. After exposing some of the arbitration principles, as well as a brief des­cription of the litigants default in regular civil procedural law, we mention how we characterize it in the arbitration, just as its eventual consequences. We study its peculiarities in comparison with civil procedural law, as well as the different solutions to be given to the cases suggested, supported by doctrine lessons and case law.
Os Diferentes Níveis de Ordem Pública sob uma Perspectiva da Jurisprudência Brasileira em Arbitragens Doméstica e Internacional
Authors: Martins André Chateaubriand
Published: March 2022

ABSTRACT: The Brazilian Arbitration Law (the BAL), in its art. 2, paragraph 1, refers to public policy as a limit, to which arbitrators must pay heed, on the free exercise of volition by the parties. In art. 39, II, the BAL cites public policy as grounds for rejection of an application for recognition of a foreign arbitral award by Brazilian courts (specifically the Superior Court of Justice - STJ). Public policy is therefore of major importance in arbitration but it is difficult to establish its limits and scope. The author of this paper therefore argues that the doctrine of public policy should be applied in three distinct levels, with the arbitrator/judge to decide on the relative weight of each level in accordance with the nature of the dispute in hand. The first part of this article seeks to define the concept of public policy and address its application to domestic and international arbitrations particularly those which apply foreign (i.e. non - Brazilian) law. The second part deals with public order in relation to the recognition of foreign arbitral awards, drawing on case law from the STJ on the issue.
Arbitragem no Direito Romano: uma Análise Comparativa
Authors: Gabardo Rodrigo Araújo
Published: March 2022

ABSTRACT: The use of arbitration as a dispute resolution mechanism is not a recent social phenomenon. Since the Assyrians, in 2000 BC, to the modern days, the basis of arbitration are being constructed side by side to the evolution of human society. As a consequence, the study of modern arbitration cannot be completed without the investigation of its historical evolution. Therefore, this article presents a brief comparison between the arbitration used in Roman Law and the modern arbitration. The source of arbitrators' powers, its limitations, as well as the effects of the choice of arbitration were subject to an investigation, which allows to conclude that the basis of modern arbitration can be found, in a such manner, in the private roman arbitration.
The IBA Guidelines on Party Representation in International Arbitration
Authors: Zuleta Eduardo
Published: March 2022

ABSTRACT: The present note address the main issues arising from the recent IBA Guidelines on Party Representation in International Arbitration, as the authors were both co-chairs of the IBA Arbitration Committee, institution that was responsible for this set of rules. Before analyzing each of the specific problems regarding the relation between parties and arbitrators in an international arbitration, the authors introduce the Guidelines background within the IBA Arbitration Committee activities and its application as rule of law. Next, the authors address how the communication and submissions of parties to arbitrators may be handled not to create any conflicts, as with witness and experts, all to protect the party's equality during the procedure. Finally, the article addresses the main remedies to solve these conflicts.
El Prurito del Perito
Authors: González de Cossío Francisco
Published: March 2022

RESUMO: Nas disputas complexas, incluindo as de construção, os peritos têm papel crucial. O conteúdo e alcance preciso do mesmo é sem dúvida mal entendido em seu conceito e mal implementado na prática. Como resultado, com frequência, a participação de peritos deixa de ser o que poderia - ou deveria - ser. Nos casos em que a perícia é um insumo necessário, a sua utilização oscila entre o desperdício e oportunidades perdidas até um completo desastre em seu conteúdo. Decisões díspares - e muitas vezes equivocadas - das questões técnicas a que versam. O cenário pode parecer pessimista; melodramático até, mas, sem dúvida, não irrealista.
Parecer Sobre Homologação de Sentença Arbitral Estrangeira no Brasil. Inadmissibilidade da Prova como Fundamento para Denegação da Homologação da Sentença Estra
Authors: Lee João Bosco
Published: March 2022

ABSTRACT: The present legal opinion analyzes matters presented in the matter of the claim seeking recognition and enforcement of arbitral awards filed before the Superior Court of Justice by one of the Consultants. The following issues were analyzed: whether the non-acceptance by the arbitral tribunal of electronic correspondence exchanged between the Claimant in the recognition and enforcement claim and the lawyers that represented it would have violated the principles of due process and equality, in violation to article V (I) (b) of the New York Convention (1); whether the decision determining the indemnification of the Respondent in the ICC arbitration proceedings in which the arbitral award object of recognition and enforcement was rendered would have been rendered outside the scope of the arbitration agreement, thus in violation to the provisions of article 38, IV of the Brazilian Arbitration Law and article V(I)(d) of the New York Convention (2); whether the incorrect application of article 944 of the Brazilian Civil Code would allow the Superior Court of Justice to refuse the recognition and enforcement of the foreign arbitral awards (3); and, finally, whether there is legal basis in the rules of the New York Convention for the court to deny exequatur to the ICC arbitral awards (4).
Un Rompimiento con el Paradigma Convencional del Arbitraje. El Caso de la Clausula Compromisoria Incluida en un Fideicomiso-trust
Authors: Garza Rafael Ibarra
Published: March 2022

ABSTRACT: The fideicomisos and trusts are similar institutions from different legal systems. Because of the advantages of arbitration it is not a surprise to find arbitration clauses in the instruments of such legal mechanisms. However, there is an obstacle to the effectiveness of the arbitration clause; this obstacle is the lack of acceptance of the beneficiaries of the arbitration clause. Lack of consent is due to the structure of the fideicomiso and the trust. Despite this obstacle, there are theories and legislations that support the effectiveness of arbitration clauses in trust instruments which questions the conventional paradigm of arbitration.
O Novo Regulamento de Arbitragem da London Court of International Arbitration
Authors: Morelli Marina , Baraldi Eliana B.
Published: March 2022

ABSTRACT: This article describes the main changes brought by the New Arbitration Rules of the London Court of International Arbitration ("LCIA"), effective as of October 1, 2014 ("Rules"). The Rules preserve the essence of the consolidated LCIA arbitration procedure, but include practices already established in international arbitration proceedings, such as efficiency boosting measures. Among the most important changes, the inclusion of the emergency arbitrator provisions is a remarkable one. Among the most innovative, the rules on party representation. Finally, the changes introduced by the Rules demonstrate the concern of the LCIA with the celerity and efficiency of the procedure as well as with its cost.
Arbitragem no novo modelo brasileiro de acordos de investimento
Authors: Nasser Rabih A. , Sato Nathalie S. Tiba , Nasser Salem H.
Published: March 2022

ABSTRACT: The article analyzes the recently signed Cooperation and Investment Facilitation Agreements (CIFA), especially in respect to their dispute settlement mechanisms. We present a brief overview of the Brazilian experience with the “previous model” of International Investment Agreements (IIAs) and the creation process of the “new model”, as well as the international reorientation as to IIAs. Next, we analyze the criticisms directed to the investor-State dispute settlement mechanism and the proposed changes that are being disseminated. We conclude with an analysis of the position adopted by Brazil with regards to arbitration in the CIFAs, especially of the reasons that seem to explain the rejection of the investor-State mechanism. This article sustains that the CIFAs must not be considered a backwards movement or an evidence of a contradictory position of the Brazilian government towards arbitration, but as an instrument with potential to insert it in the debate on the international regime of investment promotion and protection.
Arbitragem de ofertas finais no Brasil
Authors: Guandalini Bruno
Published: March 2022

ABSTRACT: Final offer Arbitration is an arbitration model slightly different from conventional arbitration. As it was firstly used to resolve conflicts in the American Baseball League, it became known as Baseball Arbitration. Despite its widespread use in other countries, in Brazil it is quite discrete as there are neither arbitration rules, nor case law regarding this model. This text aims, at first, to describe that the model has its interest: the economic incentives to reduce litigation and promote mutual agreement between the parties. And how do these incentives work? The arbitrator is limited to choose between two offers so parties tend to offer the solution closest to the reality. Therefore, the second question that arises in the text is the model’s compliance with the Brazilian legal system. As the text explains, this interesting model might be compatible, but few adjustments are necessary.
Independência e imparcialidade do árbitro: alguns aspectos polêmicos, em uma visão luso-brasileira
Authors: Calado Diogo
Published: March 2022

RESUMO: O artigo visa a desenvolver o tema da independência e da imparcialidade dos árbitros sob uma perspectiva prática, fazendo um cotejo entre o ordenamento jurídico brasileiro e o português, bem como considerando a influência das IBA Rule on Conflicts of Interest in International Arbitrations e as recentes decisões das cortes estaduais.

ABSTRACT: The paper aims to develop the issue of the independence and impartiality of the arbitrators under a practical perspective, comparing the Brazilian legal system with the Portuguese one, as well as considering the IBA Rules on Conflicts of Interest in International Arbitrations and the recent state courts decisions.
Judicial Precedent and Arbitration  Are Arbitrators Bound by Judicial Precedent? A Comparative Study Among England, Scotland, the United States and Brazil
Authors: Amaral Guilherme Rizzo
Published: March 2022

ABSTRACT: this is the written version of a lecture given at the Edinburgh Centre for Commercial Law on February 28, 2017. The article addresses a fundamental and recurring theme in the legitimacy debate about arbitration: the arbitrator’s duty to follow the law and, more specifically, to follow precedents.The ideas exposed in this article were expanded by the author in the book Judicial precedent and arbitration – are arbitrators bound by judicial precedent? A comparative study among the United Kingdom, the United States and Brazil, to be released in 2017 (London: Wildy Simmonds & Hill).

RESUMO: esta é a versão escrita de uma palestra dada na Faculdade de Direito de Edimburgo (Edinburgh Centre for Commercial Law) em 28 de fevereiro de 2017. O artigo trata de um tema fundamental e recorrente no debate sobre a legitimidade da arbitragem: o dever do árbitro de observar o Direito e,mais especificamente, de seguir precedentes. As ideias deste artigo foram ampliadas pelo autor no livro Judicial precedent and arbitration – are arbitrators bound by judicial precedent? A comparative study among the United Kingdom, the United States and Brazil, que será lançado em 2017 (London: Wildy Simmonds & Hill).
A sentença sobre a competência arbitral: natureza e regime de controle de anulação
Authors: Silveira Gustavo Scheffer da
Published: March 2022

The arbitrator’s decision on its own jurisdiction plays an important role in the field of arbitration. In practice, it is by means of this decision that the arbitrator controls the existence of the foundation of the arbitration, i.e., that the parties validly attributed jurisdiction to a private third person to decide a dispute exercising jurisdictional powers. Consequently, it is essential that this decision be submitted to a well-defined legal regime, which requires the determination of its legal qualification. In this context, the notion of “arbitral award” should benefit from a definition that is specific to arbitration law, and it shall not be defined by the simple transposition of the definition of state court’s “judgements” pursuant to civil procedure codes. Considering the characteristics of the arbitral jurisdiction, the decision of the arbitrator on its own jurisdiction shall be considered a genuine “arbitral award”. Therefore, this decision shall be submitted to the legal regime reserved exclusively to arbitral awards, which includes the legal regime for annulment of awards.
Arbitrabilidade objetiva dos conflitos com a administração pública
Authors: Accioly João Pedro
Published: March 2022

This article aims to delimit which matters are susceptible of arbitration in disputes with public entities, considering the Brazilian legal system. At the outset, the criteria proposed by the literature, for the interpretation of the legal parameter, are critically analyzed. Then, a formula is proposed to operationalize the one that seems most appropriate. At this point, it addresses the powers of the arbitrators to appraise previous inarbitrable questions necessary for the composition of the patrimonial and disposable conflicts submitted to them by the parties.

Arbitration; Public Administration; arbitrability; objective arbitrability; patrimonial and disposable rights.
Impact of Corporate Social Responsibility Disclosure on Financial Performance: Evidence from Pakistan
Authors: Maqbool Muhammad Muarif , Rana Tanveer Hussain , Aslam Muhammad
Published: March 2022

Corporate Social Responsibility Disclosure (CSRD) Guidelines (2012) constituted by the Security and Exchange Commission of Pakistan (SECP) for all listed companies in Pakistan. The purpose of this study is to explore post guidelines effects over firms’ CSRD level as well as CSRD association with financial performance of Pakistan’s automobile sector from 2013-2019.  CSRD has been measured by developing CSRD index of 45 items from six CSR dimensions (employee, customer, community, environment, energy and investor). Financial performance has been measured by return on assets (ROA), return on equity (ROE) and Tobin’s Q (TBQ). Study considered firm age, firm size and financial leverage as control variables. Descriptive statistics has applied for measuring CSRD level. The association between CSRD and financial performance has measured by multiple regression models. Findings of the study show an increasing trend in the CSRD level during the study time period except 2019. Study also provides an evidence of significant positive association of CSRD with financial performance with all financial performance measures.
Authentic Leadership in Determining Employee’s Organizational Commitment: The Mediating Role of Knowledge Sharing and Organizational Virtuousness
Authors: Nauman Majeed  , Chandni Komal , Jamshed Samia , Moosa Kamran
Published: March 2022

This study is conducted to explore the role of authentic leadership on organizational commitment of employees. Knowledge sharing and organizational virtuousness are used as mediating variable in the study. Banking industry is selected for collection of data and result implications. The data was collected using the standard adopted questionnaire for each variable from branches of five major Pakistan’s banks. We applied Pearson correlation, regression and hierarchal analysis for pragmatic purposes. Our outcomes point out that all variables have significant positive correlation among all variables of the study. Authentic leadership impact on organizational commitment found significant. Moreover, authentic leadership impact on knowledge sharing and organizational commitment is also found significant. The impact of organizational virtuousness on organizational commitment is significant but the impact of knowledge sharing on organizational commitment is found insignificant. With respect to mediating results both are found to be significant. So we can infer that banks industry put attention towards these variables to enhance their employees performance and improve working environment and ultimately to succeed in their objectives in these competitive corporate environment.
Mediating Role of Job Work Environment between the Relationship of Servant Leadership and Faculty Retention in Higher Education
Authors: Sheikh Aneela , Ali Abdul Jalil , Soomro Muhammad Akram
Published: March 2022

Abstract

Current study aims to explore the mediating role of job work environmentbetween the relationship ofservant leadership and faculty retention.Thepopulation of this study consists of all fulltime faculty members of four privatehigher educationinstitutes of Lahore, Pakistan.The total number of population consists of 2,230 full time facultymembers. A sample of 330 faculty memberswere drawn through clusterrandom sampling technique.The data collected was analyzed using SPSS version 23.Theoretically, this study has been conducted under the domain of socialexchange theory(SET).Themediation of job work environment was checked through Baron and Kenny path analysis procedure, the results reveled that servant leadership has a positive significant impact on faculty retention and job work environment, and job work environment partially mediates the relationship betweenservant leadershipandfaculty retention. Such type of study should also be conducted for public universities and other higher education institutes.
Globalización post covid-19: Efectos sociopolíticos y económicos del fenómeno.
Authors: Requelme Paladines Francisco Alonso , Suarez Valencia José Gullermo
Published: March 2022

El fenómeno de la globalización ha sido considerado por las facciones pro libre mercado como el estandarte del desarrollo del comercio, la información y la tecnología, sinónimos del progreso, la prosperidad y el crecimiento de los países. Existe un vasto desarrollo teórico del tema, del cual se han circunscrito diferentes percepciones y posturas frente a las ventajas y desventajas que ha traído para el desarrollo económico y social de los países.

Este artículo pretende reinstalar dichas reflexiones en la agenda pública, a la luz del surgimiento, desarrollo y reconfiguración de la globalización en un contexto post pandemia Covid-19, intentando definir los posibles efectos sobre los factores sociopolíticos y económicos en los países de América Latina y el caribe.
Major Poetic Variations (ʿilal) A Digital Phonetic Study
Authors: Ayyoub Husam
Published: March 2022

This research includes an introduction, three sections and a conclusion. The introduction highlights the significance of the study: highlighting the quantitative and the qualitative dimensions of prosodic analysis, the problem of the study: the terms describing prosodic variations without considering what they share in common, the objectives of the study: reducing the number of ʿilal by grouping the ones that belong to the same phonemic law, the methodology: the digital syllabification technique that addresses both the quantitative and the qualitative dimensions of phonemic syllables, and a review of relevant literature. The first section addresses the quantitative as well as the qualitative dimensions of the phonemic syllables that make up the rhythmic nuclei in verse foot as represented in the poetic major variation of addition. It also distinguishes between the ʿilal of addition that are limited to the quantitative change and those in which there are both quantitative and qualitative changes. The second section classifies the types of quantitative and qualitative change combinations in ʿilal of addition into four categories. The third section is concerned with studying compound ʿilal- such as the occurrence of two major variations at the same time, or the occurrence of a major variation and a minor variation (ziḥāfāt)- in terms of quantity and quality, and seeks to reach a general criterion that governs the harmony and cacophony of these ʿilal.
Social Distancing and face mask detection for covid prevention
Authors:   SRM Instuite of Science and Technology, Ponmagal DR.R.S.
Published: March 2022

-The novel virus additionally carries Covid-19 which has had a profound effect on numerous sectors in lots of regions and governments are growing around the arena to sell viral media coverage. This is a small step to carrying a face mask, following far from the network will keep many lives because the unfolding of the virus novel may be reduced. This article carries records on public dissemination and face protecting approximately instances of sicknesses consisting of the radical virus that may be resolved through worrying for its social distribution/management. This became used to provide Mask Deteсition the use of OrenСV, Kerаs / TensоrFlоw, and Deer Learning. This application may be effortlessly integrated/established establishedestablished on a whole lot of high- density embedded gadgets with the use of MоbileNetV2 architecture. The gadget will come acrossfaces mask on рhоtоs/ images and real- time videos. Keywords: - OpenCV, Keras/TensorFlow, deep learning, COVID-19, social distancing detection, face masks awareness, CNN
Exploring the Dark Web for Cyber Threat Intelligence
Authors: Batthini Shrithi , Honagekar Vaibhavi , Joshi Ishika , K.S Prof.Charumathi
Published: March 2022

Cyber attack strategies have become more prominent in recent years, making it more difficult to stop an assault, even if some form of countermeasure is used. Even with protection systems in place, it is challenging to totally avoid all cyber intrusions. We are, in a sense, in a defense-only posture. A strategy for exploiting this threat will be provided, which will combine social network analysis with cognitive computing to filter hostile behavior and forecast their vulnerabilities. The major goal is to harvest crucial postings from dark web forums, including posts from malicious hackers, and disseminate information like virus trading and hacking strategies. Hence ,We are proposing an approach to extract forums which include important information or intelligence and identify traits of each forum using AI and ML Techniques. Information gathering from the dark-web communities is quite a challenging task, data cannot address real-world cybersecurity problems considering the importance of information gathering. The dataset containing forum posts from the darknet were extracted from different websites using different web crawlers .Then the retrieved data is cleaned , normalized, parsed, processed and classified and labeled according to their severity. After this phase different ML algorithms were applied on labeled data . Finally the model is tested with the inputs and used for predicting the cyber threats for future. The main focus of this research will assist us in identifying future developing risks in cyberspace and high propensity measures to counter such malicious tasks. With recent technological advancements, recent research has revealed that dark-web indications may be connected with event data and leveraged to forecast intrusions, indicating perhaps a more threat-focused cybercrime is on the horizon. Keywords—Intelligence, Darkweb, Forums, Machine Learning
MISUSE OF DIGITAL TECHNOLOGY TO THE USE OF TELECOMMUNICATION INDUSTRY TECHNOLOGY DEVICES USED BY CHILDREN
Authors: Apdillah Dicky , Isnaini Nur , Lubis Lili Khairani Azhari , Azura Putri , Siagian Zairul Abdi
Published: March 2022

This study will analyze the misuse of technology in the telecommunications industry by examining the technology gadgets used by children, where many youngsters are now too lazy to participate in activities, too lazy to learn, and too reliant on cellphones. There are several instances of children abusing digital tools and devices. Yet, how do youngsters in Indonesia actually utilize the internet? This research is conducted in a library, which is a way of conducting research that involves reading books or periodicals and other data sources in a library. Additionally, this study employs case study and descriptive methodologies. The data and discussion indicate that internet abuse by children fosters a closer connection between children and the internet, particularly those under the age of 12, despite the negative consequence of addiction, which results in children interacting less with other family members and peers. As for other reasons, the internet is frequently seen negatively due to its content, which includes pornography, violence, and cyberbullying. On the other hand, the internet is believed to have a beneficial effect because it may be utilized by youngsters as a tool for learning. As a response, parents must supervise their children's use to avoid any negative consequences. Several prior research have demonstrated that young internet users were exposed to the internet at an early age.
THE EFFECT OF INTEGRATED CHEMISTRY PRACTICE LEARNING IMPLEMENTATION ON STUDENT LEARNING OUTCOMES
Authors: Wisudawan Devi
Published: March 2022

This research aims to determine the effect of integrated chemistry practice implementation on student learning outcomes. This research is a quasi-experimental and unbalanced control experiment design. The population for this research was students in class X for the academic year 2020/2021, totaling 165 students divided into six classes of 24-29 students each. A random sample of 58 pupils from the population was drawn and divided into two classes using a random sampling procedure. The test is included into the data collection procedure utilized in this investigation. Analyze the prerequisites using the normality and homogeneity tests. The descriptive statistical analysis and t-test were utilized to analyze the data for the one-party Separated variant model. The outcomes of the analysis are given a significance level of 5%. The findings reveal that, students who complete comprehensive exercises using integrated practicum approaches achieve higher basic chemistry learning values when compared to students who complete cooperative learning in chemistry (control classes). Integrated practice learning approaches, as demonstrated here, have a significant influence on the educational accomplishment of students at SMK PGRI 3 Malang.
Production Line Process Improvement with Process Reengineering – A Case Study In Garment Factory
Authors: Palasri Yanin , Boonsiri Somjai
Published: March 2022

ABC is struggling to reach daily production objectives and has low productivity, which is one of the productline line process problem. Business Process Reengineering (BPR) employs process redesign heuristics to enhance an existing production line process using an assessment technique and fit-gap analysis. The simulation tool is used to model the production line process redesign. After adopting the provided approach and conducting the simulation, the company's production productivity and service level increased by about 45%. The required simulation resulted in critical measurements such as manufacturing capacity and lead-time. This research demonstrates the redesign production line process that must be followed to archive this artefact.