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CISG and Arbitration Agreements: A Janus-Faced Practice and How to Cope with It
Flecke-Giammarco, Gustav,Grimm, Alexander The Korean Association of Arbitration Studies 2015 중재연구 Vol.25 No.3
Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?
The ICC Scrutiny Process and Enhanced Enforceability of Arbitral Awards
Flecke-Giammarco, Gustav The Korean Association of Arbitration Studies 2014 중재연구 Vol.24 No.3
Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC.
The ICC Scrutiny Process and Enhanced Enforceability of Arbitral Awards
Gustav Flecke-Giammarco 한국중재학회 2014 중재연구 Vol.24 No.3
Ever since its introduction in the 1927 ICC Arbitration Rules, scrutiny of awards by the ICC Court has been a cornerstone feature of ICC arbitration. Most players involved in the arbitral process are likely to concede that a certain level of review of arbitral awards is both desirable and beneficial. Indeed, proponents among the users are frequently influenced in their choice of the ICC as the administering arbitral institution, based on their strong conviction that time and money invested in the resolution of a dispute is ultimately only well spent if awards are voluntarily complied with or at least less susceptible to be set aside. By providing a look behind the scenes of the scrutiny process, the article does away with tales of excessive intervention on behalf of the arbitral institution when reviewing and approving awards and demystifies the role played by the ICC Court throughout its close interaction with arbitral tribunals operating under the ICC Rules. The article further argues that the scrutiny process can be a highly efficient tool that helps to increase the quality and enforceability of awards rendered under the aegis of the ICC
CISG and Arbitration Agreements: A Janus-Faced Practice and How to Cope with It
Gustav Flecke-Giammarco,Alexander Grimm 한국중재학회 2015 중재연구 Vol.25 No.3
Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?
Isa Fusaro,Melania Giammarco,Michael Odintsov Vaintrub,Matteo Chincarini,Anna Chiara Manetta,Ludovica M. E. Mammi,Alberto Palmonari,Andrea Formigoni,Giorgio Vignola 아세아·태평양축산학회 2020 Animal Bioscience Vol.33 No.12
Objective: This study aimed to evaluate and compare the effects of three different diets on the fatty acids (FA) profile and sensory properties of a characteristic Italian fresh cheese: Pecorino "Primo Sale” (PS). Methods: Fifty-four sheep were divided into three feeding groups: total mixed ration (TMR) enriched with extruded linseed (TL), control diet with TMR without any integration (TC), and pasture (P). During cheese production, six cheeses per experimental group were produced each week, stored for 10 days at 4°C, and then analyzed for chemical composition, FA profile, and sensory properties. Results: Saturated fatty acids (SFA) were significantly higher in PS from group TC (82.11%) than in cheese from other two groups (P 75.48% and TL 66.83%). TL and P groups presented higher values of polyunsaturated fatty acids, 4.35 and 3.65%, respectively, than that of TC group (2.31%). The lowest SFA/unsaturated fatty acid ratio was found in TL and P groups, while the highest was found in the TC group. Vaccenic acid and conjugated linoleic acid (CLA) were higher in group P (p<0.05) than in groups L and TC. Sensory properties of cheese from group P received the highest scores for odor intensity and friability, while control group had a greater chewing consistency. Overall, all cheeses received good scores for acceptability. Conclusion: In conclusion, this study showed how the integration of extruded linseed improved the FA profile of fresh pecorino cheese PS preserving its sensory properties. Levels of CLA in the PS group achieved using this approach was not higher than that in a grazing diet. Cheeses from groups P and L contained a higher value of FA, with nutritional implications for humans, when compared with un-supplemented diet. Linseed may be a good feeding strategy when pasture is not available.
Bianco, F. B.,Zhang, Z.-W.,Lehner, M. J.,Mondal, S.,King, S.-K.,Giammarco, J.,Holman, M. J.,Coehlo, N. ,K.,Wang, J.-H.,Alcock, C.,Axelrod, T.,Byun, Y.-I.,Chen, W. P.,Cook, K. H.,Dave, R.,de Pater, American Institute of Physics 2010 The Astronomical journal Vol.139 No.4
<P>We have analyzed the first 3.75 years of data from the Taiwanese American Occultation Survey (TAOS). TAOS monitors bright stars to search for occultations by Kuiper Belt objects (KBOs). This data set comprises 5 × 10<SUP>5</SUP> star hours of multi-telescope photometric data taken at 4 or 5 Hz. No events consistent with KBO occultations were found in this data set. We compute the number of events expected for the Kuiper Belt formation and evolution models of Pan & Sari, Kenyon & Bromley, Benavidez & Campo Bagatin, and Fraser. A comparison with the upper limits we derive from our data constrains the parameter space of these models. This is the first detailed comparison of models of the KBO size distribution with data from an occultation survey. Our results suggest that the KBO population is composed of objects with low internal strength and that planetary migration played a role in the shaping of the size distribution.</P>