bluuebunny/crossref_metadata_2025 huggingface dataset:
CURRENT TREND OF ANTIBIOGRAM OF ENTEROCOCCUS SPECIES ISOLATED FROM URINE SAMPLES OF PATIENTS ATTENDING TERTIARY CARE CENTER, POKHARA
Authors: Pradhan Shanti , Regmi Sanjib Mani , Gautam Gyanendra , Chaudhary Sushil Kumar , Ghimire Kripa
Published: February 2023

Background: Enterococcus an important uropathogen has appeared to be of great therapeutic challenge globally due to its intrinsic and acquired resistance to multiple antibiotics. High level aminoglycoside and vancomycin resistant Enterococcus has narrowed the treatment options. Thus, the aim of this study was to detect the current antibiogram trend of Enterococcus species isolated from urine samples.
Methods: A descriptive cross-sectional study was conducted in urine sample of patients attending Gandaki Medical College Teaching Hospital from September 2021 to May 2022. Ethical clearance was obtained from Institutional Review Committee. Enterococcus species was isolated and antibiotic susceptibility test was performed by Kirby-Bauer disc diffusion method. Simple random sampling was done and data was analyzed by Statistical Package for Social Science (SPSS) version 20.
Results: A total of 61 (10.62 %) Enterococcus species were isolated from 574 culture positive urine samples. Enterococcus isolates were highly susceptible to linezolid 60 (98.4%), vancomycin 56 (91.8%) and nitrofurantoin 50 (82.0%) whereas less susceptible to ampicillin 16 (26.2%). Multidrug resistant Enterococcus was identified commonly from 25 (73.5%) in-patients. Nitrofurantoin was sensitive among 4 (80.0%) vancomycin resistant isolates. Only 4 (16.0%) Enterococcal isolates were sensitive to both ampicillin and high-level gentamicin.
Conclusions: Emergence of multidrug resistant Enterococcus in our institution is worrisome. Nitrofurantoin remains a useful drug and shows high efficacy in vitro against emerging vancomycin resistant isolates. Combination of ampicillin and high-level gentamicin is used to treat complicated urinary tract infection; however, it seems less effective in our scenario.
STUDY OF DIFFERENT METHODS OF OBTAINING DRY BONES FROM FORMALIN FIXED DISSECTED HUMAN CADAVERS
Authors: Thapa Trilok Pati , Kadel Muna , KC Sudikshya , Singh Poonam , Thakur Sujit Kumar , Adhikari Shailesh , Adhikary Shalik Ram
Published: February 2023

Background: Dried human bones are essential to conduct osteology teaching learning sessions for health professional education, but its scarcity has been felt severely due to lack of simple and easy bone extraction method. Although several methods are practiced; they have their own fallacies. Hence, this study was conducted to explore simple and short method.
Methods: A cross-sectional study was conducted in Nepalese Army Institute of Health Sciences (NAIHS) from April 2021 to October 2021 after obtaining ethical clearance from Institutional Review Committee, NAIHS (Reg. No- 424). Formalin fixed cadavers were used to obtain the bones by burial, maceration and chemical methods. In burial method, 600 bones were buried in the ground at 2 feet depth for six months just before monsoon. In maceration method, 200 bones were dipped in a bucket containing cow dung and water and left in the sun for 15 days. In chemical method, 50 bones were treated with washing soda for 19 hours. Remaining soft tissue was scraped, cleaned and bones were dried for 2 to 3 days.
Results: Bones obtained by burial method were of good quality without any cracks but few soft tissue and mud was present which had to be cleaned manually. Bones obtained by maceration method was initially black in color. On chemical method, clean bones were obtained with few cracks.
Conclusions: Among the above mentioned three methods, maceration method was less time consuming. Chemical method was faster but concentration of chemical should be proper to prevent cracks.
ATTITUDE TOWARDS CADAVERIC DISSECTION AMONG FIRST YEAR MEDICAL STUDENTS OF CHITWAN MEDICAL COLLEGE AT BHARATPUR, NEPAL
Authors: Shakya Shuvechha , Khan Gulam Anwar , Yadav Shekhar Kumar , Khatiwada Sushma , Gautam Ajeevan
Published: February 2023

Background: Cadaver dissection is a crucial component of anatomy learning since it imparts knowledge that medical students will need for the entirety of their future studies. This study was aimed to access the attitude towards cadaveric dissection among first-year medical students and its association with the socio-demographic variables.
Methods: A college based cross-sectional study was carried out among 115 first year medical students (MBBS and BDS) studying in Chitwan Medical College. Self-administered questionnaire method was used to collect data from the students when they were in Department of Anatomy, for the practicum. Collected data was entered and analyzed in the SPSS version 20 for window. Pearson’s Chi-square test was applied to measure the association between the level of attitude and selected variables.
Results: Among 115 medical students 48.70% had a positive attitude towards cadaveric dissection while 51.30% were not in favour. The level of attitude was significantly associated with types of stream (ᵪ2 = 4.17, P = 0.04). .
Conclusions: Majority of the students opined cadaveric dissection was the most effective way for learning and understanding human anatomy. However, more than half of students (51.30%) had negative attitude towards cadaveric dissection. Pre-education session and interaction with anatomy faculties can help in improving the attitude of the students towards cadaveric dissection.
FACULTY ATTITUDES TOWARD ONLINE LEARNING
Authors: Shankar Pathiyil Ravi
Published: February 2023

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ADHERENCE TO ANTICOAGULANT THERAPY AND ITS AWARENESS AMONG CARDIAC PATIENTS ATTENDING CARDIAC OPD OF CHITWAN MEDICAL COLLEGE TEACHING HOSPITAL, CHITWAN
Authors: Khanal Dina , Chapagain Shakuntala , KC Soni , Neupanae Sadikshya
Published: February 2023

Background: Oral Anti-coagulant is widely used for the prevention and treatment of cardiac and thromboembolic diseases. As oral anticoagulant is a narrow therapeutic index medicine, it requires close monitoring to achieve effectiveness of anticoagulants therapy. Therefore, this study was conducted to assess adherence to anticoagulant therapy and its awareness among cardiac patients attending cardiac OPD of Chitwan Medical College Teaching Hospital, Chitwan.
Methods: A descriptive cross-sectional study design was carried out among 91 cardiac patients attending cardiac OPD of Chitwan Medical College Teaching Hospital sample was selected by using Consecutive sampling technique. Data was collected using structured interview schedule. General medication adherence scale and self-prepared structured questionnaire of awareness of anticoagulant therapy was used.  Data was analyzed in SPSS version 20 by using descriptive and inferential statistics.
Results: Out of 91 respondents 42.9% of the respondents had partial adherence while 33.0% had good adherence. Only 6% of the respondents had high adherence, 7.7% and 9.9% of the respondents had poor and low respectively. Regarding awareness of anticoagulant therapy 63.7% of the respondents had inadequate level of awareness. There was statistically significant relationship between level of awareness with educational status (0.02), having insurance (0.05) and drug duration (0.05).
Conclusions: Based on this finding respondent’s awareness was found to be low on the risk effects of alcohol intake, drugs and food interaction and self-limiting of injurious activities and most identified reason for non-adherence is discontinue due to feeling well, adverse effect and progression of disease. So, clinician and nurse should design an effective instructional program about anticoagulant therapy by highlighting those limited area thus to enhance adherence and prevent life threatening complications.
KNOWLEDGE, ATTITUDE AND PRACTICE OF PHARMACOVIGILANCE AMONG UNDERGRADUATE MEDICAL AND DENTAL STUDENTS OF A TERTIARY CARE TEACHING HOSPITAL
Authors: Manandhar Tejendra
Published: February 2023

Background: Under-reporting of suspected adverse drug reactions by health professionals is a widespread problem. To strengthen the pharmacovigilance program, medical students should be well trained about adverse drug reaction reporting from the very beginning. The objective of present study was to assess knowledge, attitude, and practice of pharmacovigilance among undergraduate medical and dental students of a tertiary care teaching hospital.
Methods: A cross-sectional study was conducted among first and second-year medical and dental students on March 2021. An online questionnaire was used to collect data. The frequency of different measures mentioned by respondents was noted. The total score was compared among different subgroups using Mann–Whitney test.
Results: Out of 238 students, 204 students (85.7 %) responded. Among them, medical students were 157 (77%) and dental students were 47 (23%). The medians for total knowledge, total attitude and total practice scores were 4, 7 and 2 respectively.  Thus, respondents had good attitude towards pharmacovigilance but their knowledge and practice were not adequate. When MBBS students were compared with the BDS students, it was found that the median for total scores for knowledge and attitude were not significantly different (p > 0.05) but there was statistically significant difference (p < 0.05) between median for total practice scores.
Conclusions: Positive attitude was noted among undergraduate medical and dental students towards pharmacovigilance, but knowledge and practice were not adequate. Thus, the study indicates the need for integrating interventions and education related to pharmacovigilance in undergraduate medical curricula to prepare them for future practice.
UNDERGRADUATE MEDICAL STUDENTS’ PERCEPTIONS AND OPINIONS TOWARDS INTRODUCTION TO CLINICAL MEDICINE
Authors: Pradhan Manohar , Upadhyay Hari Prasad , Shrestha Ayasha , Khadka Kamal
Published: February 2023

Background: Introduction to Clinical Medicine (ICM) is a relatively new and innovative approach for teaching medicine. ICM engages medical students in their understanding of the disease process from clinical feature to diagnosis, studying abnormalities of complaints, examination. The aim of this study was to find the undergraduate medical students’ perceptions and opinions towards Introduction towards Clinical Medicine.
Methods: An analytical cross-sectional study was conducted among MBBS students using non-probability sampling technique from 22nd June 2022 to 15th October 2022. Ethical approval was taken from institutional review committee of College of Medical Sciences. Data was analyzed using descriptive and inferential statistical tools in SPSS-20. P-value <0.05 was considered as statistically significant.
Results: This study was carried out among 220 medical students. The mean and standard deviation of age of students was found to be 22.50±1.89 years. The ratio of gender of students was almost equal. The positive level of perception was found to be 43.6% with 95% CI 37.04% to 50.15%. More than 99% student’s choice was to read clinical medicine. None of the variables was found to be statistically significant with the level of perception.
Conclusions: Most of the students are strongly agree with the relevance and significance of this subject introducing in MBBS level. Very minimum percentage students had making future plan to read basic science subject while more than half of the students had future plan to choose ICM as a carrier subject.
EFFECTS OF HEALTH EDUCATIONAL INTERVENTION ON KNOWLEDGE TOWARDS NON-COMMUNICABLE DISEASES AND ITS RISK FACTORS AMONG STUDENTS OF A SELECTED SCHOOL OF CHITWAN
Authors: Adhikari Kishor , Tiwari Dipak , Sharma Bimala , Ghimire Amrita , Dhakal Gitanjali , Khanal Gayatri , Manadal Fuleshwar
Published: February 2023

Background: There is rising prevalence of non-communicable diseases (NCDs) and associated mortality in developing and moderately developed countries. Nepal is currently moving in a transition from infectious diseases to NCDs. In Nepal, NCDs are the leading causes of death with two thirds (66%) of death attributable to NCDs. The aim of the study was to assess the effects of the health educational intervention on knowledge towards NCDs and its’ risk factors among school students.
Methods: This study is quasi experimental pre-test-post-test design conducted among the plus-two students of a selected school of Chitwan. All the plus-two students studying at Sunrise school were enrolled for the study. Complete enumeration technique was used for selecting study units. A “one-hour educational intervention package” was administered by researcher themselves with NCDs and NCD risk factors related information. Pretested, self-constructed, structured questionnaire was administered 20-minute prior the intervention and immediately after the intervention. Both descriptive and inferential statistics were computed at 5% level of significance
Results: Median knowledge score was 9 out of total 25 in pretest and it increased to 19 after intervention.  The change in the score was significantly different in pre and posttest (p<0.001). Pre-test and post test scores were almost similar in both male and female except in pre-test in total knowledge score.
Conclusions: One-hour educational class room package was found effective to improve the NCD related knowledge of plus two students in study area.
EVALUATION OF PATIENTS’ SATISFACTION USING THE SERVQUAL QUESTIONNAIRE MODEL
Authors: Ghimire Pradesh , Bista Neha , Collao Maghn R.
Published: February 2023

Background: Radiology services are vital part of health care service and as a service provider one needs to understand the quality of service being delivered, from the patients’ perspective. This study objectively evaluates the expectation and perception of patients towards the quality of service offered by the department using SERVQUAL questionnaire.
Methods: This was a descriptive cross-sectional study from September to November, 2018 with 219 patients subjected to different services of the department and participated in the self-administered SERVQUAL questionnaire survey in terms of the dimensions of tangibles, reliability, responsiveness, assurance and empathy.  The mean gap score between perception and expectation for each of the dimension were determined, and the obtained overall scores were compared. Data MP Version 14 software was used for data processing and analysis.
Results: The overall average score was negative (-0.03). Particularly, the modern look of equipment, the displayed information at the department (tangibles) and promptness of the services provided were perceived to be less than expected (score -0.33). With regard to reliability (+0.27), responsiveness (-0.0004), assurance (+0.19) and empathy (-0.30), the positive behavior of the staff instilled confidence in the patients in undergoing the procedures and they kept the patients’ best interest in mind during the services provided.
Conclusions: There exists a service quality gap in the patients’ expectations and the actual perception of services in the department.  The institute is now better able to recognize the gap, and hence can design and implement strategies that can improve the quality of services for increasing the patients’ satisfaction and propensity.
ESTIMATION OF BODY FAT PERCENTAGE IN ADULT POPULATION IN NEPAL AND ASSESS ITS CORRELATION WITH BODY MASS INDEX
Authors: Nepal Grishma Banskota , Archana Bhaila  , Hari Sundar Shrestha  , Niroj Maharjan  , Bijaya Adhikari
Published: February 2023

Background: Body mass index (BMI) remains widely used parameter to assess obesity. However, it does not account for the fat and lean body mass. Amidst different methods of estimation of body fat, skinfold measurement remains the most feasible. This study was conducted to explore the correlation between BMI and body fat percentage (BF %) measured through skin-fold measurements.
Methods: This cross-section study includes 207 healthy subjects (100 male and 107 female) aged 17-25 years. Anthropometric variables, waist and hip circumference were measured. Skinfold was measured using a caliper at triceps, biceps, iliac crest, and subscapular areas. BMI was derived from height and weight. Body density was calculated using the Durnin and Womersley formula and BF% was estimated by Siri equation. Group means for BMI and body fat percentage was calculated, the association between BF % and BMI, waist-hip ratio (WHR) and waist circumference (WC) was established using a Pearson Correlation analysis and Pearson correlation coefficient was reported.
Results: The mean BMI and BF% was 21.77 ± 2.986 kg/m2 and 23.25 ± 6.693 respectively. Overall correlation between BMI and BF% was 0.325. The correlation of BF% with BMI was (0.811, 0.790) and with waist circumference was (0.668, 0.558) in male and female respectively. Similarly, correlation between BF% and WHR was 0.30 in male and 0.266 in female. The results were statistically significant at p<0.01.
Conclusions: There is a strong correlation between BF% and BMI. This study also showed that WC better correlates with BF% as compared to WHR in both sexes.
SARS-COV-2 WITH PROBABLE ANTI-NMDA RECEPTOR ENCEPHALITIS WITH MIS-C: A CASE REPORT
Authors: Ali Ismail Ejaz , Adhikari Santosh , Manandhar Bina Prajapati , Jha Anshu
Published: February 2023

COVID-19 disease is caused by a novel coronavirus SARS-CoV-2 and typically causes respiratory symptoms. However, with increasing cases SARS-CoV-2 infection has been shown to be associated with dysregulated and persistent inflammatory reactions and production of some antibodies hence multi organ involvement is seen. We present a 12-year-old boy who had no pulmonary symptoms and presented with the complaints of fever and behavioral changes with examination and investigation findings suggestive of Covid 19 infection with probable Anti-NMDAR encephalitis with MIS-C.
CORRELATION OF SERUM ELECTROLYTES IN PATIENTS WITH THYROID DYSFUNCTION
Authors: Karmacharya Poonam , Bhattarai Anshu , Kathayat Goma , Tiwari Indu
Published: February 2023

Background: The thyroid hormone is a central regulator of body functions; disorder of thyroid functions is considered to cause electrolytic disorders. Thus the main objective of this study is to assess the correlation of thyroid dysfunction with serum electrolyte levels.
Methods: In this prospective cross-sectional study,100 patients who attended Manipal Teaching Hospital having thyroid hormones disarrangement were included. Estimation of serum electrolytes were also done in those patients. Patients with subclinical hypothyroidism and subclinical hyperthyroidism were excluded. Thyroid hormones were estimated by electrochemiluminiscence immunoassay (eCLIA) and Serum sodium and potassium was estimated by ion selective electrode (ISE) method.  Data was entered and analyzed using SPSS 23 by Spearman’s correlation test and Chi square test. A p-value of < 0.05 was considered as statistical significance.
Results: The 75% of total patients were found to be having hypothyroidism and 25% to have hyperthyroidism. Spearman’s correlation coefficient for Na+ and K+ vs fT3, fT4 showed positive correlation (p-value<0.001) and Na+ and K+ vs TSH showed negative correlation.  There was significant association between Na+ and thyroid hormones (p-value<0.001) but no association between K+ and thyroid hormones. (p-value>0.001).
Conclusions: The current study reveals that decrease in thyroid hormones may lead to hyponatremia.  Knowledge of this significant association will be worthwhile value for clinicians, to manage their patients optimally.
DENTINAL HYPERSENSITIVITY DURING TOOTH PREPARATION AMONG PATIENTS VISITING DENTAL OPD IN A TERTIARY CARE HOSPITAL
Authors: Alam Munna , Chaudhary Sonam , Adhikari Galav
Published: February 2023

Background: Dentinal hypersensitivity during tooth preparation is a problem in dentistry. This study aimed to compare dentinal hypersensitivity before and after tooth preparation between gender and different age groups.
Methods: This observational study was carried out in Shree Birendra Hospital, Chhauni, Kathmandu from May to December 2021. A total of 80 patients visiting dental OPD for fixed partial denture participated in this study through convenience sampling. Each abutment tooth received tactile and thermal stimuli and the measurement of sensitivity was carried out using 10cm visual analog scale before and after tooth preparation. The results were analyzed using Mann-Whitney U test and Wilcoxon signed rank tests with SPSS version 16.
Results: The mean of dentinal hypersensitivity scores were higher among females in comparison to male (1.03±0.59 before tooth preparation; 7.14±1.61 after tooth preparation). The differences in the sensitivity between gender was statistically significant (z: -3.00, p: 0.003 before tooth preparation and z: -3.76, p:0.000 after tooth preparation). The sensitivity was higher in participants below 40 years (0.86±0.51 before tooth preparation; 6.84±1.39 after tooth preparation). However, the differences in sensitivity between participants below and above 40 years were statistically insignificant. The sensitivity score when compared before and after tooth preparation in the participants was statistically highly significant (p<0.001).
Conclusions: The dentinal hypersensitivity is more in women both before and after tooth preparation which if well explored helps to form basis for modification of tooth preparation procedure in target patient.
Effect of External Bleaching on Color Change of Single Shade Resin Composite Versus Nano-Filled Resin Composite in Class V: In Vitro Study
Authors:   Future University in Egypt, Diab Akram , Naguib Essam , ElHoshy Ahmed , Fouad Ahmed
Published: February 2023

Aim: This study investigated the effect of bleaching on color change of the single shade universal composite (Omnichroma) versus nano-filled resin composite (Z350 XT). Materials and Methods: Twenty premolars of shade A3 were used for the study. Standardized class V cavities were prepared on the cervical third of the buccal surface of all teeth. After that, teeth were randomly divided into two groups of 10 teeth each according to the type of resin composite used. After composite application, all teeth were stored individually in distilled water for 24 hours. Evaluation of the restoration color was done using VITA Easyshade. The teeth were bleached and stored again for another 24 hours. Re-evaluation of the restoration color was done at 24 hours, one week and one month after bleaching. Results: There was no statistically significant difference between the two restorative materials at 24 hours and after one week. While there was a statistically significant difference between the two restorative materials after one month. Conclusion: Omnichroma single shade universal restorative material demonstrates structural color change post-bleaching procedure
Effect of Chlorhexidine on Nanoleakage and Bond Durability of Two Adhesives to Dentin: An In Vitro Study
Authors: Eltarawy Rowayda , Naguib Essam , ElHoshy Ahmed , Younis Sara
Published: February 2023

Aim: This study aimed to investigate the effect of chlorhexidine CHX on nanoleakage and dentin bond durability of two adhesives after water storage. Materials and Methods: Thirty-six extracted molars were divided into three groups and their buccal surfaces were reduced to expose flat dentin surfaces. In group 1 Single Bond Universal Adhesive SBU was used, in group 2 Peak universal Bond PUB was applied while in group 3 Chlorhexidine Gluconate Disinfecting Solution followed by Single Bond Universal Adhesive (CHX+SBU) was used. Application of resin composite restorations was performed in all three groups. For each bonding procedure, specimens were subdivided into three subgroups according to storage period (24 hours, three & six months). After storage, resin-dentin slabs were obtained, immersed in silver nitrate and then photo developed. NL was evaluated with scanning electron microscopy. Data were explored for normality using Kolmogorov-Smirnov and Shapiro-Wilk tests and showed parametric distribution. One-way ANOVA followed by Tukey post hoc test was used to compare between more than two groups in non-related samples. Repeated measure ANOVA test was used to compare between more than two groups in related samples. Paired sample t-test was used to compare between two groups in related samples. Two-way ANOVA was used to test the interaction between different variables. The significance level was set at P ≤ 0.05. Statistical analysis was performed with IBMSPSSStatistics Version 20 for Windows. Results: No statistically significant difference was detected between SBU, PUB and CHX SBU at 24 hours. For stored specimens, there was no statistically significant difference between (SBU) and PUB, but a statistically significant difference occurred between both of them and CHX SBU. Conclusions: Chlorhexidine containing universal adhesive suppressed the occurrence of nanoleakage at the interface, while chlorhexidine as a therapeutic primer had an adverse effect. Water storage negatively affected bond durability of chlorhexidine containing and free universal adhesives by showing more nanoleakage at the interface.
Disclosure, and challenge of arbitrators under the Indian Model BIT: A step towards enhancing the legitimacy of investment arbitration?
Authors: Subramanian S.R.
Published: February 2023

Legal provisions for disclosure and challenge of arbitrator are very crucial to restore the confidence of the parties in the arbitral process when it is upset by complaints of lack of independence or impartiality of arbitrators. However, detailed and binding rules on the challenge and disqualification of arbitrators are not forthcoming. Against this backdrop, the revised Indian Model Bilateral Investment Treaty (BIT) of 2015, as a first-of-its-kind, has taken the initiative of including a detailed framework in the form of treaty rules to address the disclosure requirements and the grounds and procedure for challenge of arbitrators. In this connection, the article attempts to determine how the disclosure and arbitrator challenge mechanisms are structured across the leading international (investment) instruments and later use this as a benchmark to evaluate the disclosure obligations of arbitrators and their challenge under the Indian Model BIT.

disclosure, challenge of arbitrators, Indian Model BIT, independence and impartiality, code of conduct, justifiable doubts standard, CC/Devas v India.
Enforcing Foreign Awards Against Non-signatories: Analysis of Gemini Bay Transcription Pvt Ltd. v. Integrated sales service Ltd
Authors: Singh Shreya
Published: February 2023

Even though non-signatories to an arbitration may be affected by the outcome of an arbitration, they are often treated as strangers in the process. However, non-signatories can seek their involvement in an arbitration from the stage of reference to an arbitration, till enforcement of the arbitral award. The Supreme Court in its recent judgment of Gemini Bay Transcription Pvt. Ltd. v. Integrated Sales Service Ltd. & Ors. has clarified the position of non-signatories to the extent of enforcement of foreign awards by allowing the same.

non-signatories, group of companies, arbitration, intention, enforcement.
Regulatory Convergence of Consumer Protection in the Single African Air Transport Market: How Far, How Well?
Authors: O. Adediran Adejoke
Published: February 2023

The Single African Air Transport Market (SAATM) kicked off in 2018 and there are currently thirty-five Member States. The legal framework for consumer protection in the SAATM comprises the Yamoussoukro Decision (YD) and the consumer protection regulatory texts which Member States are required to harmonize with their national laws. This article examines the regulatory convergence of consumer protection in Member States of the SAATM. While observing that the extent of the required harmonization is not specified, the article notes that the consumer protection regime is basically passenger rights oriented and there is need for uniformity and consistent implementation in all Member States so as to prevent conflict of laws as well as legal uncertainty for passengers. The article analyses the consumer protection regulatory framework of the SAATM and that of selected Member States and notes the divergences that can impede the operationalization of the SAATM.

Africa, air transport, Yamoussoukro Decision, consumer protection, harmonization, airlines, SAATM
Article: Space Dispute Settlement in Asia in the Context of the Belt & Road Initiative: An Appraisal from China’s Perspective
Authors: Yu Huan , Nie Mingyan
Published: February 2023

Conducting a space cooperation program in the context of the Belt & Road (B&R) initiative provides China opportunities to further extend the scale of space cooperation in Asia and break through the current predicament of the Asia-Pacific Space Cooperation Organization (APSCO). A more comprehensive mechanism to address the potential state-to-state and commercial space disputes is essential. To efficiently avoid and resolve disputes among the Member States, APSCO needs to improve the ‘fair return’ principle and the dispute settlement arrangement contained in its Convention. As to conflicts between APSCO and the non-Member States, dispute settlement clauses are obliged to be reached between APSCO and China. For commercial disputes, China should establish a specialized arbitration branch as a constituent of the B&R comprehensive dispute settlement mechanism. Disputes arising in space infrastructure investments need to be treated separately. For this reason, a special branch for settling investor-state disputes should be created under the Asian Infrastructure Investment Bank (AIIB) as advocated in this article.

B&R Initiative, B&R-SIC, Space Disputes in Asia, Asian Space Cooperation, APSCO, Commercial Space Activities
Case Laudamotion: The CJEU Rules that Severe Mental Injury Equals Bodily Injury Under the 1999 Montreal Convention
Authors: Grigorieff Cyril-Igor
Published: February 2023

Breaking with international jurisprudence, the Court of Justice of the European Union ruled that pure psychological injuries could be compensated under the 1999 Montreal Convention in Laudamotion (C-111/21). Claimants would have to demonstrate, however, that the psychological injury seriously affects their state of health and needs medical treatment.

Montreal Convention, Accident, Bodily Injury, Mental Injury, CJEU, Uniformity, Travaux preparatoires
Space Law and Arbitration. A Not-So-Outlandish Space Odyssey
Authors: Mcconaughey Emilie , Chalikopoulou Nicole
Published: February 2023

The exploration and exploitation of space has attracted the attention of many States, as well as of private stakeholders. In the past couple of years, they have poured drastically increasing amounts of resources, financial and otherwise, into space-related activities. Despite the rapid economic and technological developments, however, the legal framework around space-related activities, including dispute settlement, has largely remained the same as the one first established in the 1960’s. The question thus arises whether such a framework can harbor the increasing demand of spacerelated disputes, and if not, what changes could be made, particularly in international arbitration, to address the specificities and complexities of this fast-growing field.
A Party’s Failure to Timely Rely on Notorious Publications Edited by an Arbitrator Precludes the Setting Aside of an Award for Lack of Impartiality. Note on Paris Court of Appeal Decision of 22 February 2022
Authors: Granier Thomas
Published: February 2023

The Paris Court of Appeal has recently held that a party was precluded from relying for the first time before it on the arbitrator’s alleged partiality based on articles authored by third parties and published in a journal co-edited by the arbitrator, whose existence and contents were notorious at the time of his appointment. To be allowed to rely on these facts in annulment proceedings, the applicant ought to have raised them before the sole arbitrator within the time limit provided for in the ICC Rules to challenge an arbitrator. A party’s failure to do so leads to the inadmissibility of its setting aside application. For an information to be notorious, it is sufficient that it be “easily accessible”. The fact that such information is contained in a database subject to a paying subscription is not sufficient to characterise a default of accessibility for arbitration professionals. Accordingly, information contained in such a database may be considered as “easily accessible”, and therefore “notorious” for arbitration practitioners. In addition, neither the scientific work freely carried out by the arbitrator in the context of his activities as editor of an arbitration journal, nor the titles and content of the articles relied upon to seek the setting aside of the award were such as to call into question the arbitrator’s impartiality.
The Two Faces of Severability: A Study in International Contracting
Authors: M. Winkler Matteo , Kohli Romit
Published: February 2023

This article represents a unique attempt in academic literature to develop an all-comprehensive framework of severability in international contracts. After defining severability as a mechanism due to which a specific contract provision is insulated from the remainder of the contract, this article examines both the transactional and procedural variations of this notion. It prescribes a set of tools for maximizing the utility of transactional severability, on the one hand, and a set of rules for reinforcing the integrity of international adjudication through procedural severability, on the other. At the same time, this article critically analyses the downsides of these variations, proposing possible corrections to their application in international contracting.

severability doctrine, severability clauses, international contracting, dispute resolution, contract negotiation, international business, business transactions
What Went Wrong With Wrongful Trading?
Authors: Arora Yatin
Published: February 2023

In seeking to combat the abuse of limited liability, the wrongful trading provision under section 214 of the Insolvency Act 1986 has long formed part of the UK’s ex post facto creditor protection strategy. However, despite being introduced nearly forty years ago, claims for wrongful trading have been far and few, raising key questions over the provision’s potential. In light of these low numbers, this article assesses the effectiveness of section 214, by examining whether it achieves its underlying objectives. It is argued that, as the regime’s development has been riddled with a lack of clarity, judicial discretion, and inconsistency, officeholders currently face a number of difficulties. These difficulties mean there is currently insufficient incentive for officeholders to bring an action and thus section 214 is not achieving its objectives. However, the provision’s effectiveness can be improved by introducing an ex-ante measure into the ex post facto regime. Premised upon the idea that prevention is better than cure, this author proposes a new model for compulsory preappointment director education. By targeting potential troublemakers from the outset, this eliminates, or at least drastically reduces, the need to rely on section 214 in the first place.

wrongful trading, limited liability, company law, insolvency, creditor protection, directors’ duties
Parental Corporate Liability as Tort in the United Kingdom Part I: How the Past Informs the Challenge of Contemporary Regulation
Authors: Chilson Gregory
Published: February 2023

Recent case law in the UK courts has established the possibility for the parent companies of multinational corporations (MNCs) to hold liability in tort negligence for harms caused by their foreign-based subsidiaries. The UK’s approach – a general duty of care for cross-border torts – is noteworthy in that it has developed organically through the common law despite conflicting with established principles of company law. By comparison, European neighbours such as France, Switzerland and Germany have developed statutory regulatory regimes which utilize due diligence obligations that appear more reflective of recent international accountability standards, such as the UN Guiding Principles for Business and Human Rights (UNGPs) of the late John Ruggie.

This work serves as an in-depth investigation for scholars of tort law, company law, private international law and human rights, who are interested in understanding this rapidly developing area of practice from an English perspective. This work is offered in two parts. This first part contextualizes the current law within contemporary academic discourse and offers a historically informed explanation for the conceptual underpinnings of the unique approach currently taken within English jurisprudence and their coherence with the broader principles of domestic UK company law.

The second part offers an analysis of UK law as it stands including the caselaw that builds the corpus of parent company liability in England and Wales. It analyses how effective the current liabilities identified by the Courts are in securing fair remedy for corporate misfeasance. It identifies and categorizes its key features and contrasts them with comparative elements of statutory due diligence approaches adopted by France and Germany or pursued as in the case of Switzerland. It will finally consider whether they offer any concepts worthy of consideration for the regulation of parent company liabilities in future.

Parent Company, Corporate Groups, English Company Law, Human Rights Due Diligence, UNGPs, Okpabi, Vedanta, Mass Torts, Supply Chain Liability, Limited Liability
Pre-emptive Rights of Shareholders: An Indian Perspective
Authors: Ritika K.
Published: February 2023

Pre-emptive rights are legal relationships either created by a statute or through a contract. By the exercise of these rights, priority is given to the right holder over and above others as regards the potential acquisition of the relevant subject matter. Only upon refusal by such right holder, is this opportunity given to a third party to negotiate.

In India, the statutory pre-emptive rights of a shareholder in a company have been recognized statutorily through the Companies Act, 2013, as well as by the extant security exchange laws. Whereas, in the case of contractual pre-emptive rights, they are enforced as per the Indian Contract Act, 1872.

As per the statutorily recognized pre-emptive rights, the rights are held by the shareholders of a corporation by virtue of which additional shares shall not be issued by the company to a third party, without the shares first being offered to all its existing shareholders.

In the case of the contractual pre-emptive rights, they are, typically, an arrangement between the shareholders of the corporation that, in the case of transfer of shares, the exiting shareholder shall first offer those shares to the non-exiting one.

It leads to great confusion for many, as the context in which the term is used statutorily and contractually varies to a great degree. Through this article, an attempt is made to discuss the concept of pre-emptive rights in a company, its statutory and contractual presence in companies regulated as per the laws of India and review judicial developments and understand its relevance in today’s time.

Rights Issue, Companies, Public Company, Private Company, Indian Companies Act, 2013, Indian Contract Act, 1872, Pre-emptive Rights, Statutory Pre-emptive Rights, Contractual Pre-emptive Rights, Right of First Refusal, Right of First Offer
Start-ups to the Test of the New Italian Crisis and Insolvency Code
Authors: Spiotta Marina
Published: February 2023

With this article, the author intends to outline a systematic framework of the long-standing issue relating to the delicate relationship between innovative start-ups and the (different) insolvency procedures. First, the report attempts to provide the subjective and objective elements by which a start-up can actually be framed as ‘innovative’. Secondly, the article analyses the successive regulations on insolvency matters aimed – sometimes at inclusion, sometimes at exemption – at regulating the procedures that can be carried out voluntarily by the innovative startup or those to which, in any case, it shall be subjected. In the following, the author tries to highlight the case law framework in fieri that occurred in the context of insolvency in relation to the aforementioned companies. Finally, the article, analysing some of the recent rulings occurred, attempts to represent the state of the art of the quaestio iuris and how this may affect the application of the new provisions on insolvency matters, governed by the new Corporate Crisis and Insolvency Code (breviter, CCII).

Innovative start-ups, bankruptcy, objective and subjective requirements, five-year term
Article: Abuse of Law by a Member State When Designing a Tax Measure
Authors: Stevens Stan
Published: February 2023

When Member States design tax measures, they have to comply with EU law. In this article the question is discussed whether a Member State has the liberty to intentionally design a domestic rule so that it falls outside the scope of the freedom of capital and prevent scrutiny in respect of third states by the Court of Justice of the European Union (CJEU). This question is investigated by using two Dutch rules as a case study. The author argues that the legislature walks a thin line. On the one hand there is a risk that the legislature is circumventing the application of the fundamental freedoms in an abusive way while on the other hand using an arbitrary criterion in a rule to distinguish between comparable cases could lead to the conclusion that a Member State has implemented a selective tax measure and thus granted state aid. The author concludes that the Dutch liquidation loss rule infringes EU law.

Abuse of law, Liquidation loss, Withholding tax, State aid, Sincere cooperation, Freedom of capital
Article: ‘Provisions Primarily of a Fiscal Nature’: Time to Dispel Doubts
Authors: Scuderi Erika
Published: February 2023

The concept of ‘provisions primarily of a fiscal nature’ is not defined in the EU Treaties. Despite the absence of an exact definition, such expression has been so far understood as including the adoption of all types of environmental taxes. But is this interpretation correct? And is it the only possible one? This article aims at answering the question of whether environmentally driven fiscal measures that have primarily regulatory goals can be introduced via the ordinary legislative procedure as per Article 192(1) Treaty on the Functioning of the European Union (TFEU). In doing so, this contribution firstly describes why Article 192(2)(a) TFEU was introduced as an exception to paragraph 1. Secondly, it analyses the concepts of ‘primarily’ and ‘fiscal nature’ and assesses whether the different language versions of the TFEU dispel doubts about their meanings or increase the level of uncertainty. In light of this scrutiny, the author proposes a potential new interpretation that would bring the adoption of environmentally driven taxes under the umbrella of Article 192(1) TFEU.

Environmental taxes, fiscal nature, unanimity, qualified majority voting, special legislature procedure, ordinary legislative procedure, passerelle clause
Forum: Case C-368/21: A New Definition of Importation in the Sense of VAT Law?
Authors: Ojak Sven
Published: February 2023

Since the Eurogate II and DHL decision (CJEU, Judgment of 2 June 2016, EU:C:2016:405), it has been clear that importation in the VAT context means ‘the entry of goods into the economic network’ of the Union. However, it is problematic that neither the EU VAT Directive nor the CJEU provide a distinct definition of what is meant by this term. This article deals with the main existing theories on the interpretation of this indeterminate legal concept in the German-language literature and by the German fiscal courts. It is concluded that these theories unfortunately ignore the exposed consumption tax character of (import) VAT and therefore deliver inconsistent results in contradiction to the recent decisions of the CJEU.

importation, import VAT, customs, economic network, economic cycle, consumption tax, EU VAT Directive
Article: Reaching Cross-Border Tax Certainty With Joint Audits
Authors: Zimmerl Isabella
Published: February 2023

The last few years have seen an increasing cooperation between tax authorities of Member States of the European Union by way of joint audits. This article shows how joint audits can provide an efficient solution to double taxation issues faced by internationally active companies. It centres on ways to amend and effectuate existing procedures of international tax law in light of experiences made with joint audits, focusing in particular on potential ways for more cross-border tax certainty. Furthermore, the article illustrates that an effective und legally certain reduction of international double taxation can best be reached by a stronger cooperation of tax authorities and the taxpayer/s. Finally, the author takes a look at recent developments in the field as well as the potential future of joint audits, emphasizing the need for more legally binding solutions.

joint audit; joint tax audit; mutual agreement procedure; advance pricing agreement; tax certainty; cross-border tax certainty; dispute prevention; double taxation; transfer pricing; administrative cooperation
Forum Contributions: CJEU Case Law on Exercising Rights Under EU VAT: Is There a Golden Thread in the Distinction Between Substantive and Formal Conditions?
Authors: Barth Fabian
Published: February 2023

Exercising rights under EU Value Added Tax (‘VAT’) law (for example recovering input tax) is often subject to certain conditions. A distinction however exists between substantive and formal requirements: Non-fulfilment of the latter does not need to be fatal for a taxpayer’s claim. That being the case, the question arises how a condition can be classified as either ‘substantive’ or ‘formal’. The author summarizes the case law of the Court of Justice of the European Union (‘CJEU’) in the area and notes that the Court has so far refrained from providing an all-encompassing test. The article therefore explores whether a golden thread can be identified and analyses if the Court may have had a general principle in mind when labelling conditions as ‘formal’ in judicial precedent.

VAT, CJEU, substantive, formal, invoice, intra-Community supply
Article: EU Species Protection Law and Wind Energy: Current Challenges and Danish Experiences
Authors: Anker Helle Tegner , Olsen Birgitte Egelund
Published: February 2023

This article highlights certain challenges as regards the reconciliation between concerns of climate change, energy security and biodiversity protection, drawing on case law of the Court of Justice of the European Union (CJEU) and the Danish experiences regarding onshore wind energy installations. The EU species protection rules are by many perceived as an obstacle to wind energy development as also reflected in the 2022 Commission proposal to amend the Renewable Energy Directive. However, it is not evident that the proposal will solve the challenges of accommodating the strict direct species protection of, in particular, Annex IV species and birds against deliberate killing or disturbance as determined by the CJEU. The article suggests that rather than setting aside the general environmental impact assessment (EIA) and appropriate assessment requirements for Natura 2000 sites, there is a need to revisit the Birds and Habitats Directives, in particular as regards ‘deliberate killing or disturbance’ caused by non-intentional activities with a view to the population level as opposed to the individual specimen level.

European Union, Species protection, Biodiversity, Renewables, Wind energy