bluuebunny/crossref_metadata_2025_split huggingface dataset:
New Rules on Domestic Arbitration in Switzerland
Authors: Voser Nathalie 
Published: April 2022

Until 2000, the competence for procedural laws in Switzerland had been vested with the cantons and not with the Swiss Federation. For domestic arbitration, a unification of the cantonal provisions had taken place through a Concordat, which is an agreement between cantons. The Concordat regarding domestic arbitration was concluded in 1969 (“Concordat”).
On 1 January 2011, the new Swiss Code on Civil Procedure (“CCP”) will enter into force. It regulates and unifies the civil procedure before State Courts throughout Switzerland. In its Part 3, it provides for a new set of rules for domestic arbitration.
The present article discusses the main principles and goals of the revised rules on domestic arbitration in Switzerland. Although the new rules are based on the Concordat, some changes have been introduced. The present article highlights the most important ones. The drafters of the CCP provisions on domestic arbitration have not limited themselves to amending the Concordat but have taken the opportunity to modernize the current regime of domestic arbitration and have thus introduced new provisions regulating the issues which have not been explicitly provided for under the old regime. Some of these provisions are specifically noteworthy also from the point of view of international arbitration practitioners because these provisions are also new in comparison to Chapter 12 of the Swiss Private International Law Act (“PILA”), which forms the Swiss lex arbitrii for international arbitration. The article therefore also briefly highlights the main differences of the revised rules on domestic arbitration as compared to Chapter 12 PILA.
Finally, as a concluding remark, the author addresses the question of whether, in light of the newly introduced rules on domestic arbitration, the PILA is in need of a revision as well.
Procédure de liquidation dune partie, arbitrage et droit daccès à la justice : limpossible équation ?
Authors: Poloni Flore , Dupeyron Carine 
Published: April 2022

The impossible relationship between arbitration and the insolvent party? The ICC Arbitration Rules provide that each party should contribute in equal shares to the advance on costs of the arbitration. However when a party has submitted counterclaims and refuses to comply with such payment, the other party may request the Court to set separate advances on costs. If the defaulting party still does not comply with the advance on costs within a time-limit set by the Secretariat, the rules provide that its counterclaims may be considered withdrawn. However, such withdrawal does not prevent the defaulting party from reintroducing the same claims at a later date in another proceeding. The Paris Court of Appeal was recently confronted with the issue of the validity of an arbitral award rendered in a case where a company which was being liquidated could not pay the advance on cost and accordingly had its counterclaims withdrawn from the proceedings. On November 17, 2011, the Paris Court judged that, despite the conformity of the withdrawal decision taken by International court of Arbitration with its Rules, the defaulting party had been deprived of its counterclaim in practice. Indeed, the possibility of reintroducing the claim was only theoretical while the liquidation process were ongoing and the withdrawal in practice amounted to a denial of justice and resulted into breaching the equality between the parties. As a consequence, the award was considered in breach of the adversarial principle and international public policy and was annulled on the grounds of former articles 1502 (4) and (5) and 1504 of the French Code of Civil procedure. If this decision may be considered fair to the insolvent party acting in good faith, it questions essential principles of arbitration as a system of private justice. Moreover, as the strict application of the ICC Arbitration Rules is hereby criticized by the Paris Court of Appeals, this decision creates additional doubts as to the scope of the duties belonging to the arbitral tribunal for the award to comply with the requirements of due process.
UNCITRAL Rules on Transparency in Treaty-Based Investor-State Arbitration
Authors: Montineri Corinne , Salasky Julia 
Published: April 2022

In July 2013, UNCITRAL adopted Rules on Transparency in Treaty-based Investor-State Arbitration (the "Rules on Transparency" or the "Rules"), which will be, coming into force on 1 April 2014, the most comprehensive set of procedural rules in existence governing transparency in treaty-based investor-State disputes. The intergovernmental nature of the negotiation of, and consensus in relation to, the final instrument, confers a legitimacy that is unique to UNCITRAL. This article proceeds to set out the resolution of the intensively debated issue of consent - as ultimately encapsulated in the scope of application of the Rules on Transparency - as well as briefly addressing the content of the Rules, by reference to the deliberations of the Working Group and the Commission, current practice in investment treaty arbitration, and the possible implications for future arbitrations conducted under the Rules on Transparency.
WIPO Arbitration and Mediation Center: New 2014 WIPO Rules; WIPO FRAND Arbitration
Authors: De Castro Ignacio , Wollgast Heike 
Published: April 2022

The WIPO Arbitration and Mediation Center (WIPO Center) is a neutral, international and non-profit dispute resolution provider that offers time- and cost-efficient alternative dispute resolution (ADR) options. The mediation, arbitration and expert determination procedures offered by the WIPO Center are widely recognized as particularly appropriate for technology, entertainment and other disputes involving intellectual property. With twenty years of experience handling such disputes, about 40% of the WPO Center's cases involve patents, and 33 % concern information and communication technology. Effective on June 1, 2014, the WIPO Center amended its Mediation, (Expedited) Arbitration and Expert Determination Rules. Informed by WIPO case experience and the global evolution of ADR practices, the new WIPO Rules introduce several novelties, notably with a view to multiparty arbitration and emergency relief. In a separate development, the WIPO Center recently made available tailored model agreements that companies involved in the telecom industry may use to refer a dispute concerning the fair, reasonable and non-discriminatory (FRAND) terms to WIPO Mediation and (Expedited) Arbitration. Aiming to facilitate cost- and time-effective FRAND adjudication, these model agreements were developed in consultation with patent law, standardization and arbitration experts from various jurisdictions, including the Secretariat of the European Telecommunication Standards Institute (ETSI).
Pour convaincre larbitre
Authors: Gautier Pierre-Yves 
Published: April 2022

This paper, given the « Ciceronian » title « To convince the arbitrator », is very unlikely to offer new guidance to international arbitration practitioners, such as lawyers, arbitrators and legal experts, who will themselves have already experienced efforts to convince an arbitrator in arbitral proceedings. Its humble objective, apart from offering some entry-level instruction to « juniors » about to take their first steps on the way to becoming seasoned professionals in the field, is primarily to record in writing, in a methodological form, what remains today a part of an oral tradition: the methods and experience of all those who engage in the intellectual combat of arbitral proceedings. For teams of lawyers, it also provides an insight into the likely reactions of the arbitrators they appear before, reactions which will not necessarily be those that they expected when they devised their litigation strategy. This article also has the virtue of systematically comparing Statebased and arbitral proceedings so as to identify and explain their similarities and differences. Finally, in the spirit of the great French jurist, Jean Carbonnier, this paper aims, by building on sociological considerations, to reflect on the practice of arbitration law and explore ways of making it even more effective. The study finds a natural division into two parts by focusing on the behaviour of first the lawyer and, second, the witness; the two main protagonists in arbitral proceedings facing private judges whom they must convince using didactic and rhetorical tools.
Mediation and Arbitration in Vienna  One-Stop-Shop Solution for Parties under the Vienna Rules and the new Vienna Mediation Rules
Authors: Fremuth-Wolf Alice 
Published: April 2022

The Vienna International Arbitral Centre (VIAC) possesses more than 40 years of experience in international arbitration and conciliation. Due to the new Vienna Mediation Rules it may now administer not only arbitrations but also mediations and other ADR-proceedings where a neutral third person supports the parties in finding a solution for their dispute as well as combinations like Arb-Med(-Arb). The new rules entered into force on 1 January 2016 and are applicable to all proceedings initiated after 31 December 2015. The rules have been drafted by national and international mediation experts thus ensuring an exceptional high standard and state of the art solutions. The overriding principle when drafting the rules was party autonomy. The aim was to provide a functioning framework for parties and mediators alike, but all provisions may be altered by agreement provided their compatibility with the overall idea of the Vienna Mediation Rules is still pertained. As a further incentive for parties to use the new rules, VIAC administrative costs may be off-set in the later proceedings in case of subsequent mediation and arbitration proceedings between the same parties and concerning the same subject-matter in dispute. With its new Mediation Rules, VIAC is convinced to foster its position as the leading international arbitration institution in Central and Eastern Europe.
La Cour Arabe dInvestissement : vers une Cour régionale plus efficace
Authors: Alabd Hatem 
Published: April 2022

The Unified Agreement for the Investment of Arab Capital in the Arab States (UAIAC) was first signed in 1980, and modified in 2013. The UAIAC includes a chapter on dispute settlement that refers the disputing Parties to the Arab Investment Court (AIC). The AIC was set up to arbitrate disputes involving states that are members of the Arab League and Arab investors. Some Bilateral Investment Treaties (BIT) concluded by Arab countries refer to the AIC as an arbitration mechanism in the investor-state dispute settlement provisions. At present, there are thirteen judges and thirteen alternates, each holding a different Arab nationality. The AIC is basically composed of at least five judges, and a number of alternate members – again each holding a different Arab nationality – and with Chambers of not less than three judges to settle the cases submitted. Final awards rendered by state courts in Arab member states are directly enforced by the AIC. The AIC is a largely unknown regional structure despite its not negligible importance. The jurisdiction of the AIC, in its present form, is deficient as it does not operate under conditions that conform to the requirements of international standards and, as such, is seriously deficient. As it stands, it seems almost inevitable that the Economic and Social Council of the Arab League should re-examine – in the medium term – the functioning of the AIC. Let us hope that this time the various actors involved in the reform will sufficiently anticipate the resulting changes in order to achieve a systematic and far-reaching outcome.
Tax Arbitration under the BEPS Convention. An Overview and Potential Pitfalls from a Swiss Perspective
Authors: Schmid Patrick 
Published: April 2022

On 7 June 2017, Swiss representatives signed the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (“BEPS Convention”). Once in force, the BEPS Convention will amend 14 of Switzerland’s double taxation agreements and implement, among other measures, an arbitration dispute resolution procedure. Where two contracting states are unable to reach an agreement within a certain timeframe, the affected taxpayer can initiate an arbitration procedure on any unresolved issues. The article provides background information, gives an overview over the arbitration procedure under the BEPS Convention while highlighting potential pitfalls from a Swiss perspective.
L« étape préalable » dans le nouveau droit de larbitrage et de la médiation OHADA
Authors: Gidoin Anne-Sophie 
Published: April 2022

The new Uniform Arbitration Act, the new Rules of Arbitration of the Common Court of Justice and Arbitration (Abidjan) and the new Uniform Mediation Act, adopted by the Council of Ministers of 17 OHADA Member States of Western and Central Africa, entered into force on 15 March 2018. All three texts expressly grant arbitral tribunals the power to suspend the arbitral proceedings, if a party rightfully claims noncompliance with a mandatory pre-arbitral procedure, as may be imposed by a multi-tier dispute resolution clause. In that case, the non-compliance can be cured without the arbitral tribunal having to dismiss the claims as non being (yet) admissible. Article 8-1 of the revised Uniform Arbitration Act, Article 21-1 of the revised Arbitration Rules of the Common Court of Justice and Arbitration, and Article 15 of the Uniform Mediation Act allow an arbitral tribunal to fix a time limit for the parties to comply with the pre-arbitral procedure, after which the arbitral proceedings will resume, unless the parties were indeed able to settle their dispute. This truly innovative provision is one of the first of its kind in modern arbitration law worldwide. It addresses in a pragmatic cost-effective manner the growing number of objections (as to the tribunal’s jurisdiction and/or the admissibility of the claims) related to the issue of compliance with mandatory pre-arbitral steps in multi-tier dispute resolution clauses.
Brazilian Special Appeal no. 1.639.035-SP, 18 September 2018, Paranapanema S/A vs/ BTG Pactual S/A and Santander Brasil S/A
Authors: Silveira Gustavo Scheffer da 
Published: April 2022

In connected contracts, the parties enter into a plurality of legal transactions for the purposes of an economic unity, creating real dependency among them.
Having identified the existence of connected contracts, the extension of the arbitration clause contained in the main contract to the “swap” agreements becomes possible, since they form a single economic transaction.
In the system of connected contracts, the contract considered to be the main contract determines the rules that shall be followed by the other agreements that are connected to it. It is not reasonable to consider that an arbitration clause contained in the main contract does not extend its effects to the others.
iTRAQ Proteins Analysis of Early Infected Papaya Plants with Papaya Dieback Pathogen
Authors: A.B Norliza . , NormahfuzaHusna S. , Rafidah B. , Shaharuddin N.A. , Rozeita L. 
Published: April 2022

Papaya dieback disease is characterized by the greasy water-soaked lesions and spots on leaves and crowns. Defoliation and blemished of the papaya fruits are also being observed as a result of infection by Erwinia mallotivora. In an attempt to understand the molecular mechanisms leading to the bacteria pathogenesis and the papaya plant response to infection in a compatiblereaction, protein profiling during 24 hours post infection was studied using iTRAQ mass spectrometry analysis. The bacterium was sprayed into wounded leaves of a susceptible papaya cultivar (Eksotika 1) and proteome analysis was performed. The comparison of protein patterns of the treated and the control plants were carried out by labelling the control sample with iTRAQ 8 plex reagent 113 and inoculated samples with the iTRAQ 8 plex reagent 115 whichwere then analysed by peptide mass fingerprinting and identified by searches in public databases. Biochemical changes occurring in infected tissues were observed. Among the differentially expressed proteins were enolase, maturase K, superoxide dismutase, ascorbate peroxidase, phosphoribulokinase, CT114 and a hypothetical protein with unknown function.
Testing the Normality of Residuals of the Modified Gompertz Model used for Modelling the Growth of Callus Cultures from Glycine wightii (Wight & Arn.) Verdc.
Authors: Shukor M.S. , Masdor N.A. , Halmi M.I.E. , Ahmad S.A. , Shukor M.Y. 
Published: April 2022

Glycine wightii species is native to Brazil and Africa. It is often known as an important climbingÂ vine-like perennial soybean. It is in the family of Leguminosae, within the sub-familyÂ Papilionoideae, under the genus Glycine and with the sun-genus Bracteata. In a prior work, weÂ modeled the growth of the bacterium Glycine wightii from published literatures to acquire crucialgrowth constants. We learned that the modified Gompertz model via nonlinear regression usingÂ the least square method was the most effective model to describe the growth curve. Nevertheless,Â the use of statistical tests to choose the best model relies heavily on the residuals of the curve tobe statistically robust. More often than not, the residuals must be tested for conformation toÂ normal distribution. In order for this assumption to be met, we perform statistical diagnosis testsÂ such as the Kolmogorov-Smirnov, Wilks-Shapiro and D'agostino-Pearson tests.
Test of Randomness of Residuals for Modified Gompertz Model used for Modelling the Growth of Callus Cultures from Glycine wightii (Wight & Arn.) Verdc.
Authors: M.S. Shukor . , Masdor N.A. , Halmi M.I.E. , Ahmad S.A. , Shukor M.Y. 
Published: April 2022

One of the most important preliminary investigations of callus attributes is the growth characteristics. Most often than not, callus growth curve is sigmoidal in characteristics. Frequently, plant scientists studying callus growth neglect the utilization of mathematical growth that are useful in obtaining important growth constants such as lag period, maximum specific growth rate and maximum growth or asymptote. Formerly, we model callus growth of Glycine wightii from published literature to obtain vital growth constants. We discovered that themodified Gompertz model via nonlinear regression utilizing the least square method was the best to explain the growth curve. Nevertheless, an important thing to consider, that has not been stated more than enough, is the residual of the model needs to be random. To make sure that randomness being fulfilled we carry out the Wald-Wolfowitz runs test. The results demonstrated that the number of runs was 5, and the expected number of runs within the assumption of randomness was 5, suggesting the series of residuals had perfect runs. The p-value obtained was higher than 0.05, hence the null hypothesis is not rejected suggesting no persuading proof of nonrandomnessof the residuals plus they do stand for noise.
Outlier Analysis of the Modified Gompertz Model used for Modelling the Growth of Callus Cultures from Glycine wightii (Wight & Arn.) Verdc.
Authors: M.S Shukor . , Masdor N.A. , Halmi M.I.E. , Ahmad S.A. , Shukor M.Y. 
Published: April 2022

The production of callus and cell culture can be an important tool to study plant regulation, biosynthesis and biochemistry. Previously, we model the growth of growth of Glycine wightii published literature to obtain vital growth constants. We discovered that the modified Gompertz model was the best model based on statistical test such as root-mean-square error (RMSE), adjusted coefficient of determination (R2), bias factor (BF), accuracy factor (AF) and corrected AICc (Akaike Information Criterion) to explain the callus growth. However, the use of statistical tests to choose the best model relies heavily on the residuals of the curve to be statistically robust. Usually, the residuals need be tested for the occurrence of outliers (at 95 or 99% of confidence). In this work, the Grubbâ€™s test to detect the presence of outlier in the growth model was carried out. The results showed that there was no outlier present, and the modified Gompertzmodel was adequate to model the callus growth.
Testing the Normality of Residuals on Regression Model for the Growth of Moraxella sp. B on Monobromoacetic Acid
Authors: Shamaan N.A. , Shukor M.S. , Masdor N.A. , Sabullah M.K. , Shukor M.Y. 
Published: April 2022

Bioremediation of monobromoacetic acid, a haloacetic acid, continues to be recommended as acheaper and achievable method in comparison to physical and chemical techniques. In a priorwork, we model the growth of the bacterium Moraxella sp. B on monobromoacetic acid frompublished literature to acquire crucial growth constants. We learned that the Buchanan-threephasemodel via nonlinear regression using the least square method was the most effective model to describe the growth curve. Nevertheless, the use of statistical tests to choose the best model relies heavily on the residuals of the curve to be statistically robust. More often than not, the residuals must be tested for conformation to normal distribution. In order for these assumptions to be met, we perform statistical diagnosis tests such as the Kolmogorov-Smirnov, Wilks-Shapiro and D'agostino-Pearson tests.
Mathematical Modelling of the Growth of Klebsiella pneumoniae on 2- methylquinoline
Authors: M.S. Shukor , Shukor M.Y. 
Published: April 2022

Quinolines compounds are toxic pollutants. Their biodegradation by microbes represents a tool for bioremediation. The growth of Klebsiella penumoniae on 2-methylquinoline shows typical sigmoidal bacterial growth curves. Since there exists a variety of models for describing the growth profile of microorganism such as logistic, Gompertz, Richards, Schnute, Baranyi- Roberts, Von Bertalanffy, Buchanan three-phase and more recently Huang models, the growth curves exhibit under such conditions would be an excellent study for finding the best model. The Huang model was chosen as the best model based on statistical tests such as root-meansquare error (RMSE), adjusted coefficient of determination (R2), bias factor (BF), accuracy factor (AF) and corrected AICc (Akaike Information Criterion). Novel constants obtained from the modelling exercise would be used for further secondary modelling.
Assessment of Selected Herbicides and Chelating Agents in Water Using Gas Chromatography-Electron Capture Detector (GC-ECD)
Authors: Abd. Rahim Siti Fadhilah , Masrom Normala , Kamal Muhamad Cyrill , Baharudin Khairul Basyar , Bakar Norliza Abu , Shaharuddin Noor Azmi 
Published: April 2022

Water contamination by herbicides and chelating agents is increasing mainly due to theÂ increasing agricultural activities. Water contamination by these compounds has become aÂ concern due to their adverse effects to the environment and humans. Seven sampling sites ofÂ water sources in Selangor and Johor were chosen for the study. Contamination level ofÂ Mecoprop (MCCP), Nitrilotriacetic acid (NTA) and Ethylenediaminetetraacetic acid (EDTA) inÂ these water body areas was determined by using Gas Chromatography-Electron CaptureÂ Detector (GC-ECD). Our results indicated that water samples of Sungai Melot in SelangorÂ showed the highest presence of EDTA. MCCP was detected at a high level at Sungai SarangÂ Buaya, Johor while NTA showed similar level of concentration at three different sites, LadangÂ 10, Ladang Sayur and Mardi, Selangor