bluuebunny/crossref_metadata_2025_split huggingface dataset:
Acquisition and Maintenance of Intellectual Property Rights, Dispute Prevention and Settlement, Transitional and Institutional Arrangements, and Final Provisions
Authors: Correa Carlos Maria 
Published: November 2020

Abstract
This concluding chapter looks at the acquisition and maintenance of intellectual property rights (IPRs), dispute prevention and settlement, transitional and institutional arrangements, and final provisions in the Trade-related Aspects of Intellectual Property Rights (TRIPS) Agreement. Different aspects relating to the procedures for the acquisition and maintenance of intellectual property rights are regulated in Article 62 of the TRIPS Agreement. Its main purpose is to ensure that the application of national legislation on this matter does not unjustifiably impair the access to and exercise of such rights. Meanwhile, Articles 63 and 64 contain rules aimed at preventing and settling disputes concerning the implementation of the TRIPS Agreement. Prevention of disputes is basically sought under the TRIPS Agreement through the rules on ‘transparency’ contained in Article 63. All WTO Members could avail themselves of one year after the date of entry into force of the WTO Agreement to comply with the obligations relating to intellectual property protection. The reason for this is quite obvious: most or all Members, including developed country Members, needed to introduce changes into their legislation in order to comply with the standards set out by the TRIPS Agreement, especially with those contained in Part II. A Council to specifically deal with TRIPS matters is established by Article 68.
Comments of the Brazilian Arbitration Law
Authors: Sester Peter 
Published: November 2020

Abstract
This chapter examines the Brazilian Arbitration Law (BAL) of 1996. The BAL is a standalone act encompassing roughly 40 articles. It is divided into eight chapters and is applicable to both domestic and international arbitration, except for Chapter VI (The Recognition and Enforcement of Foreign Awards), which is modelled on the New York Convention (NYC). Hence, the BAL legislator adopted a monistic approach. Consequently, the BAL contains no definition of domestic or international arbitration, but only defines the term foreign award. According to article 34, sole paragraph BAL, an award is considered a foreign award if it was rendered outside the territory of Brazil. The present translation of the BAL builds on the terminology of the UNCITRAL Model Law on Commercial Arbitration and the NYC because both documents inspired the authors of the BAL and are cornerstones of international arbitration. This chapter of the book then provides comments on the BAL article by article.
Consolidation of Arbitration by the Brazilian Courts: STF and STJ
Authors: Cueva Ministro Ricardo Villas Bôas 
Published: November 2020

Abstract
This chapter traces the evolution of case law regarding arbitration in Brazil. Before the enactment of the Brazilian Arbitration Law (BAL), arbitration was not taken seriously in Brazil because the applicable norms of the Civil Code and of the Civil Procedure Code created mounting obstacles, which prevented commercial arbitration from flourishing. The new statute of 1996 changed this completely and introduced an arbitration friendly legal framework. In 2001, the Federal Supreme Court (STF) upheld the constitutionality of the BAL. From then on, the Superior Tribunal of Justice (STJ), the court of third instance, has played a key role in defining clear and predictable rules about arbitration. The success of arbitration in Brazil has had a significant impact on the reform of the Civil Procedure Code, which was enacted in 2015. The new Code embraced arbitration as central part of a new public policy directed to the promotion of alternative means of dispute resolution and the fostering of a multi-door courtroom system. The increasing relevance of arbitration for the resolution of business disputes in Brazil might also explain the adoption of a system of mandatory pre-trial hearing purported to stimulate the parties to use mediation and/or conciliation to solve their conflict.
Settlement Agreements and the Role of the Arbitral Tribunal
Authors: Coelho Eleonora , Leite Fabiana de Cerqueira 
Published: November 2020

Abstract
This chapter focuses on settlement agreements and the role of the arbitral tribunal. During the course of an arbitral proceeding, the parties may reach a settlement and, in this case, it is not the arbitrators who render a decision terminating the conflict, but the parties themselves resolve it. Although the parties have clear protagonism in creating a consensual solution, this does not mean that the arbitrators have no role in facilitating settlement. In fact, many national arbitration laws and soft law instruments interpret the arbitrators' mandate as to encompass some degree of involvement in settlement efforts — and Brazil is no exception. The Brazilian Arbitration Law (BAL) contains express provision in its article 21, requesting arbitrators to attempt to reconcile the parties. Also, arbitrators may render a consent award if the parties reach a settlement agreement. However, the wording of the legal provisions of the BAL does not clarify the extent of the arbitrators' role both in the attempt of conciliation of the parties and in the review of the settlement when to render an award by consent. The chapter then examines whether it is mandatory for arbitrators to attempt to reconcile the parties and whether there are limits to what settlement techniques can be applied by arbitrators. It also differentiates between a consent award and a termination order.
Characteristics of Brazilian Arbitration Practice
Authors: Bernini Marcela Tarré 
Published: November 2020

Abstract
This chapter assesses the characteristics of Brazilian arbitration practice. As it is common to say, the quality of the arbitration proceedings relies primarily on the quality of the arbitrator. In this regard, article 13 BAL—in line with the main leading institutional rules—provides that ‘any individual with legal capacity, who is trusted by the parties, may serve as arbitrator’, granting the parties broad autonomy to select the arbitrators, as long as the elected candidate has the necessary legal skills and the parties' trust, regardless of their nationality, prior competence/specified expertise, or presence in certain pre-existing lists. The general rules for Brazilian arbitrators' appropriate conduct can also be found in article 13 BAL, which establishes that ‘in performing his duty, the arbitrator shall proceed with impartiality, independence, competence, diligence and discretion’. The chapter then considers how Brazilian courts have been playing an important role over the last 20 years by applying the Brazilian Arbitration Law (BAL) and refraining from deciding on the merits of cases in which the parties have opted for arbitration as their dispute resolution mechanism. As a result of this movement, a vast number of sophisticated contracts executed in the country have set forth arbitration as the chosen mechanism for dispute resolutions.
Arbitration in the Portuguese-speaking World
Authors: Gouveia Mariana Franca , Dall‘Agnol Ana Carolina 
Published: November 2020

Abstract
This chapter discusses arbitration in the Portuguese-speaking jurisdictions, except Brazil. Although they can be brought under the umbrella of a common language, Portuguese-speaking jurisdictions are a heterogeneous and diverse group of countries. Indeed, Portuguese-speaking jurisdictions are placed in diverse geographic settings and have seen very different historical developments. By the same token, practice and experience in arbitration in Portuguese-speaking jurisdictions varies drastically. While in some of these countries arbitration is still in its infancy, some have brought their domestic legislation up to date but are yet to thoroughly test it, and others have consolidated arbitration practices. However, this is not to say that Portuguese-speaking jurisdictions do not share common characteristics. Due to legal transplants that took place in the 20th century, the laws of Portuguese-speaking countries—with the exception of the laws of Brazil—are substantially inspired by pre-independence Portuguese law. In this context, the common cultural ties cultivated throughout the years have the potential to facilitate knowledge exchange and to encourage foreign investment. In some contexts, acquaintance with the Portuguese legal framework might be useful when navigating the legal and regulatory frameworks of Portuguese-speaking jurisdictions. Although the arbitration figures of Portugal, Portuguese-speaking African countries, Macao, and Timor-Leste are not as impressive as those involving Brazilian parties, arbitration in Portuguese-speaking jurisdictions is flourishing.
Agreements between Shareholders and General Corporate Matters
Authors: Eizirik Nelson 
Published: November 2020

Abstract
This chapter focuses on the use of arbitration to settle corporate disputes in Brazil. This dispute resolution method is faster, informal, and more technical than court decisions. In addition, dispute resolution through arbitration has four important advantages when compared to court decisions: the proceedings adjust to the matter under discussion; it is less litigious, which means that parties if the dispute (e.g., shareholder or partners of the same entity) may continue to maintain their business relationship while they are waiting for the arbitration award; and the arbitrators appointed to resolve the dispute are usually specialized in corporate matters. Unlike other countries, these advantages have been leading even Brazilian public corporations to solve their corporate conflicts through arbitration. According to recent research, corporate matters lead the number of arbitration proceedings in some of the Brazilian Arbitration Chambers. The chapter then examines objective arbitration eligibility and subjective arbitration eligibility in corporate arbitration in Brazil.
Commercial Contracts
Authors: Fichtner José Antonio , Monteiro André Luís , Levy Marcela 
Published: November 2020

Abstract
This chapter highlights arbitration involving commercial contracts in Brazil. Commercial contracts are contracts signed between two entrepreneurs who are running commercial enterprises. Classic examples of commercial contracts are construction contracts, insurance contracts, shipping contracts, loan agreements between companies and banks, franchise agreements, software license agreements, and contracts for international sales of goods. Brazilian courts understand that, in general, there is no room for judicial intervention in commercial contracts, which gives the parties broad autonomy to negotiate their contractual provisions. The chapter then issues related to arbitration clauses included in commercial contracts: formal requirements, choice of law, and arbitrability. It also considers specific substantial aspects of commercial contracts: the impact of good faith on the performance of the contracts; the validity of limitation of liability clauses; the validity of liquidated damages clauses; and remedies for breach of contracts.
Construction Contracts Involving the Public Administration
Authors: Silveira Gustavo Scheffer da , Marolla Eugenia Cristina Cleto 
Published: November 2020

Abstract
This chapter explores arbitration concerning construction contracts involving the public administration in Brazil. Contractual risk allocation is a crucial part of the economy of the contract and should be respected by arbitral tribunals while deciding such disputes. In practice, and especially in contracts involving public entities, it is the owner of the (future) facility who defines the draft contract used in the bidding process and, therefore, has the first say on the allocation of risks. In preparing the contract for the public tender, the public authority, as the owner, may feel tempted to allocate the vast majority of the risks to the private party, i.e., the contractor. However, the owner should avoid the pure and simple transfer of all risks to contractors for two main reasons. Firstly, it may preclude parties from submitting bids, limiting the competition between the market players. Secondly, the bidders will take into consideration the heavy allocation of risk on them when submitting their price offers, which will significantly increase the price of the project and sometimes even affect its viability. The chapter then considers the FIDIC (International Federation of Consulting Engineers) Red Book and Brazilian Law 8,666/1993 on construction works for the public sector.
Insolvency and Arbitration
Authors: Guimaraes Marcio Souza 
Published: November 2020

Abstract
This chapter addresses the main issues regarding the possibilities of using arbitration in dispute resolution under the Brazilian Bankruptcy Law (BBL). Such possibilities include an insolvent company agreeing to an arbitration clause and the viability of submitting insolvency-related disputes to an arbitral tribunal. The Brazilian insolvency system is regulated by the BBL. In essence, this provides for two kinds of proceedings: judicial restructuring and liquidation. Judicial restructuring proceedings give debtors the opportunity to present a reorganizational plan to their creditors. Debtors will attempt to convince creditors not only of their ability to overcome the temporary economic and financial crisis, but also of their business' feasibility. In some circumstances, the economic and financial distress is so extreme that no means exist to reverse the situation, in which case it is preferable to definitively interrupt the debtor's activities, forcibly eliminating the enterprise from the market and liquidating its assets, in order to pay creditors and prevent the damages inflicted on the community from aggravation by breaching credit reliability. Brazilian liquidation proceeding may be initiated by debtors (voluntary petition) or creditors (involuntary petition).
Electric Energy Arbitration
Authors: Grion Renato Stephan 
Published: November 2020

Abstract
This concluding chapter examines electric energy arbitration in Brazil. An appropriately developed electric sector is a key element for any country's economic and social growth. It requires an adequate volume of investment, either domestic or foreign, in order to meet the regularly increasing needs of all stakeholders involved in such market, including the population. Brazil's electricity sector is the largest in South America and plays an important role in the country's economy. Moreover, Brazil has its own and well-functioning electricity generation system. To keep up with the development and needs of such a system, the Brazilian legal and regulatory framework has undergone through important changes over the past 25 years or so. A well-established and complex set of rules and regulations is now in place; in this context, arbitration has been steadily introduced as an alternative method to resolve the disputes arising in that sector. The chapter then provides an overview of the electric energy market in Brazil, with some historical milestones and details on the steps taken for its modernization, as well as its current structure. It also analyses how arbitration has now become an important part of this complex system, in which a variety of actors operate at different levels.
Thermal conduction effects on formation of chromospheric solar tadpole-like jets
Authors: Navarro Anamaría , Lora-Clavijo F D , Murawski K , Poedts Stefaan 
Published: November 2020

ABSTRACT
We measure the effects of non-isotropic thermal conduction on generation of solar chromospheric jets through numerical simulations carried out with the use of one fluid magnetohydrodynamics (MHD) code magnus. Following the work of Srivastava et al. (2018), we consider the atmospheric state with a realistic temperature model and generate the ejection of plasma through a gas pressure driver operating in the top chromosphere. We consider the magnetic field mimicking a flux tube and perform parametric studies by varying the magnetic field strength and the amplitude of the driver. We find that in the case of thermal conduction the triggered jets exhibit a considerably larger energy and mass fluxes and their shapes are more collimated and penetrate more the solar corona than for the ideal MHD equations. Low magnetic fields allow these jets to be more energetic, and larger magnetic fields decrease the enhancement of mass and energy due to the inclusion of the thermal conductivity.
mirisim: a simulator for the Mid-Infrared Instrument on JWST
Authors: Klaassen P D , Geers V C , Beard S M , O’Brien A D , Cossou C , Gastaud R , Coulais A , Schreiber J , Kavanagh P J , Topinka M , Azzollini R , De Meester W , Bouwman J , Glasse A C H , Glauser A M , Law D R , Cracraft M , Murray K , Sargent B , Jones O C , Wright G S 
Published: November 2020

ABSTRACT
The Mid-Infrared Instrument (MIRI) on the James Webb Space Telescope (JWST), has imaging, four coronagraphs, and both low and medium resolution spectroscopic modes. Being able to simulate MIRI observations will help commissioning of the instrument, as well as get users familiar with representative data. We designed the MIRI instrument simulator (mirisim) to mimic the on-orbit performance of the MIRI imager and spectrometers using the Calibration Data Products (CDPs) developed by the MIRI instrument team. The software incorporates accurate representations of the detectors, slicers, distortions, and noise sources along the light path including the telescope’s radiative background and cosmic rays. The software also includes a module that enables users to create astronomical scenes to simulate. mirisim is a publicly available python package that can be run at the command line, or from within python. The outputs of mirisim are detector images in the same uncalibrated data format that will be delivered to MIRI users. These contain the necessary metadata for ingestion by the JWST calibration pipeline.
Polarization of accreting X-ray pulsars. I. A new model
Authors: Caiazzo Ilaria , Heyl Jeremy 
Published: November 2020

ABSTRACT
A new window is opening in high-energy astronomy: X-ray polarimetry. With many missions currently under development and scheduled to launch as early as 2021, observations of the X-ray polarization of accreting X-ray pulsars will soon be available. As polarization is particularly sensitive to the geometry of the emission region, the upcoming polarimeters will shed new light on the emission mechanism of these objects, provided that we have sound theoretical models that agree with current spectroscopic and timing observation and that can make predictions of the polarization parameters of the emission. We here present a new model for the polarized emission of accreting X-ray pulsars in the accretion column scenario that for the first time takes into account the macroscopic structure and dynamics of the accretion region and the propagation of the radiation towards the observer, including relativistic beaming, gravitational lensing, and quantum electrodynamics. In this paper, we present all the details of the model, while in a companion paper, we apply our model to predict the polarization parameters of the bright X-ray pulsar Hercules X-1.
Polarization of accreting X-ray pulsars – II. Hercules X-1
Authors: Caiazzo Ilaria , Heyl Jeremy 
Published: November 2020

ABSTRACT
We employ our new model for the polarized emission of accreting X-ray pulsars to describe the emission from the luminous X-ray pulsar Hercules X-1. In contrast with previous works, our model predicts the polarization parameters independently of spectral formation, and considers the structure and dynamics of the accretion column, as well as the additional effects on propagation due to general relativity and quantum electrodynamics. We find that our model can describe the observed pulse fraction and the pulse shape of the main peak, as well as the modulation of the cyclotron line with phase. We pick two geometries, assuming a single accretion column or two columns at the magnetic poles, that can describe current observations of pulse shape and cyclotron modulation with phase. Both models predict a high polarization fraction, between 60 and 80 per cent in the 1–10 keV range, that is phase and energy dependent, and that peaks at the same phase as the intensity. The phase and energy dependence of the polarization fraction and of the polarization angle can help discern between the different geometries.
The rocky road to quiescence: compaction and quenching of quasar host galaxies at z ∼ 2
Authors: Stacey H R , McKean J P , Powell D M , Vegetti S , Rizzo F , Spingola C , Auger M W , Ivison R J , van der Werf P P 
Published: November 2020

ABSTRACT
We resolve the host galaxies of seven gravitationally lensed quasars at redshift 1.5–2.8 using observations with the Atacama Large (sub)Millimetre Array. Using a visibility plane lens modelling technique, we create pixellated reconstructions of the dust morphology, and CO line morphology and kinematics. We find that the quasar hosts in our sample can be distinguished into two types: (1) galaxies characterized by clumpy, extended dust distributions (Reff ∼ 2 kpc) and mean star formation rate (SFR) surface densities comparable to sub-mm-selected dusty star-forming galaxies (ΣSFR ∼ 3  M⊙ yr−1 kpc−2 ) and (2) galaxies that have sizes in dust emission similar to coeval passive galaxies and compact starbursts (Reff ∼ 0.5 kpc), with high mean SFR surface densities (ΣSFR = 400–4500  M⊙ yr−1 kpc−2 ) that may be Eddington-limited or super-Eddington. The small sizes of some quasar hosts suggest that we observe them at a stage in their transformation into compact spheroids via dissipative contraction, where a high density of dynamically unstable gas leads to efficient star formation and black hole accretion. For the one system where we probe the bulk of the gas reservoir, we find a gas fraction of just 0.06 ± 0.04 and a depletion time-scale of 50 ± 40 Myr, suggesting it is transitioning into quiescence. In general, we expect that the extreme level of star formation in the compact quasar host galaxies will rapidly exhaust their gas reservoirs and could quench with or without help from active galactic nucleus feedback.
GTRD: an integrated view of transcription regulation
Authors: Kolmykov Semyon , Yevshin Ivan , Kulyashov Mikhail , Sharipov Ruslan , Kondrakhin Yury , Makeev Vsevolod J , Kulakovskiy Ivan V , Kel Alexander , Kolpakov Fedor 
Published: November 2020

Abstract
The Gene Transcription Regulation Database (GTRD; http://gtrd.biouml.org/) contains uniformly annotated and processed NGS data related to gene transcription regulation: ChIP-seq, ChIP-exo, DNase-seq, MNase-seq, ATAC-seq and RNA-seq. With the latest release, the database has reached a new level of data integration. All cell types (cell lines and tissues) presented in the GTRD were arranged into a dictionary and linked with different ontologies (BRENDA, Cell Ontology, Uberon, Cellosaurus and Experimental Factor Ontology) and with related experiments in specialized databases on transcription regulation (FANTOM5, ENCODE and GTEx). The updated version of the GTRD provides an integrated view of transcription regulation through a dedicated web interface with advanced browsing and search capabilities, an integrated genome browser, and table reports by cell types, transcription factors, and genes of interest.