International commercial arbitration : an Asia-Pacific perspective

This book focuses on the general principles of ICA while drawing on case law and relevant legislation from Australia, China, Hong Kong, India, Indonesia, Japan, Korea (Republic of), Malaysia, New Zealand, the Philippines and Singapore. Equips the reader to deal with many arbitration issues which are not dealt with (or are scarcely dealt with) in the various arbitration statutes. The book succinctly summarises the key features of a complex and evolving area of law and practice while not shying away from the more difficult or contentious issues.

Few choices under work choices

This paper sets out the history of the philosophical understanding held by the major political parties towards the governance of the Australian industrial relations system. In so doing it notes there has been a long legacy of socialist and conservative political and ideological support for mediating industrial conflict through the institutional agencies provided by conciliation and arbitration tribunals. The discussion notes the erosion of this legacy under the recent ascendancy of neo-liberal political and neo-classical economic thought, an ascendancy that has seen a significant retreat of state responsibility for mediating relations between the two sides of industry in the name of improving business productivity and national economic outcomes. The passing of the Workplace Amendment (Work Choices) Bill 2005 is the latest legislative manifestation of this thinking. This paper challenges the labour market assumptions and expectations of the Bill by arguing that equality in bargaining power between the two sides of industry in the manner afforded by conciliation and arbitration tribunals is essential for any genuine and lasting prosperity to exist between labour and capital.

Work choices : a fair go gone

This paper sets out the history of the philosophical understanding held by the major political parties towards the governance of the Australian industrial relations system. In so doing it notes the legacy of socialist and conservative ideological underpinnings of political support for industrial mediation in the form of conciliation and arbitration tribunals. The discussion notes the recent abrogation of this legacy under the political ascendancy neoclassical economic thought. It challenges the labour market assumptions upon which this thought is based, and in so doing argues against the asserted merits of the proposed Workplace Amendment (Workchoices) Bill 2005.

The role of dualities in arbitrating continuity and change in forms of organizing

A substantial body of literature on new forms of organizing has forecast the end of bureaucracy. More recent empirical studies, however, indicate that high-performing organizations are adopting dual forms of organizing in which the controllability advantages associated with traditional forms work to complement and support the responsiveness attributes of new forms of organizing. The paradox is that, if organizations discard the key planning, co-ordinating and direction-setting mechanisms of traditional forms of organizing, they also remove the stabilizing dimensions of organizational form that are essential in periods of uncertainty and change. The challenge for organizations lies in learning how to manage the tensions or dualities between traditional and new forms of organizing, a process demanding the arbitration of continuity and change. This paper explores the concept of dualities and its salience in the management of organizing forms. First, the nature of dualities is explained; secondly, a set of characteristics is developed to describe the behaviour of dualities; and thirdly, suggestions are presented for arbitrating the tensions that exist in organizing form dualities. These three contributions are relevant because they signal the route to the effective creation and management of organizing form dualities, the benefit of which is the constructive combination of dynamic capabilities (underpinning innovation and responsiveness, the hallmarks of new forms of organizing) and operational capabilities (underpinning stability and efficiency, the hallmarks of traditional forms of organizing).

New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.

Design of secure watermarking scheme for watermarking protocol

Watermarking technique enables to hide an imperceptible watermark into a multimedia content for copyright protection. However, in most conventional watermarking schemes, the watermark is embedded solely by the seller, and both the seller and the buyer know the watermarked copy, which causes unsettled dispute at the phase of arbitration. To solve this problem, many watermarking protocols have been proposed using watermarking scheme in the encrypted domain. In this paper, we firstly discuss many security aspects in the encrypted domain, and then propose a new method of homomorphism conversion for probabilistic public key cryptosystem with homomorphic property. Based on our previous work, a new secure watermarking scheme for watermarking protocol is presented using a new embedding strategy in the encrypted domain. We employ an El Gamal variant cryptosystem with additive homomorphic property to reduce the computing overload of watermark embedding in the encrypted domain, and RA code to improve the robustness of the watermarked image against many moderate attacks after decryption. Security analysis and experiment demonstrate that the secure watermarking scheme is more suitable for implementing the existing watermarking protocols.