53 resultados para Arbitration clause


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The teaching rhetorical structure of various academic genres has been recognized as a practical, pedagogical tool in both ESL and EFL academic settings. However, assigning a unitary structure for different fields of study might poses problems for novice writers. In this study, the rhetorical structure of 120 abstracts (ninety ‘masters’ theses and thirty ‘doctoral’ dissertations) from six disciplines were investigated. In this exploratory study, four rhetorical structures were found: IMRC/D, CARS, Mixed, and None (which means the texts lack any rhetorical structure). The conclusion is that nonnative speakers require more than grammatical knowledge at the clause level. They need to be familiarized with the discourse grammar with the functional tokens attached to it in order to be successful in their academic writing.

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Just as the failure to reconcile views of the past and to address historical injustice has damaged inter-state relations in East Asia, the Goguryeo/Gāogōulì dispute has harmed relations between South Korea and China. In this chapter, we provide a detailed analysis of the dispute, and explore how this contestation has been reconciled through elite settlement, UNESCO's arbitration and the idea of shared history.

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Nowadays, construction delay disputes often end up on the arbitration route where the delay experts appointed by the parties advise the tribunal on the extension of times entitlements of the parties. For this purpose, the identification and quantification of concurrent and pacing delays are integral aspects of resolving these disputes using a proper delay analysis methodology. The aim of the study is therefore, threefold. Firstly, the available literature on the concurrent and pacing delays are analyzed in detail to establish the principles for the evaluation of the concurrency and pacing delays. Secondly, a robust delay analysis methodology called ‘windows impact/update method’ is explained often used by the experts for the effective quantification of concurrent and pacing delays. This methodology is an improved version of time impact analysis and normal windows analysis. For better demonstration, the explanation of the methodology is facilitated with the help of a typical case study analysis. Finally, the principles of concurrency and pacing, as explained in the literature review, are promptly applied to the case study results to show the applicability of the analysis method on any types of delay disputes. The study shows the effectiveness of the windows impact/update method for the quantification of the concurrent and pacing delays.

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A no-blame culture is widely accepted as a collaboration driver yet we see surprisingly scant literature on the theoretical underpinnings for the construction and project management context. A no-blame culture in project alliances, as conducted in Australasia, promotes innovative thinking in action. Innovation is dependent upon collaboration and true collaboration is inextricably linked with behavioural drivers. Foremost of these is a culture of openness and willingness to share the pain and gain from experimentation, one that requires that collaborators be protected from the threat of being blamed and held accountable for experimental failure. The Australasian project alliance procurement form has a unique 'no-blame' behavioural contract clause that can result in the type of breakthrough thinking crucial in developing a collaborative culture where innovation can evolve through a process of trial and error. © 2014 Taylor & Francis.

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This paper examines the vexed issue of conscientious objection and abortion. It begins by outlining the increasing claims to conscientious objection invoked by physicians in reproductive health services. After an examination of developments overseas, the paper turns to the acrimonious debate in Victoria concerning the conscience clause and the 'obligation to refer' contained in the Abortion Law Reform Act 2008 (Vic) ('ALRA'). This paper questions the interpretation by the Catholic Church that the clause breaches its right to freedom of conscience and freedom of religion. We argue that the unregulated use of conscientious objection impedes women's rights to access safe lawful medical procedures. As such, we contend that a physician's withdrawal from patient care on the basis of conscience must be limited to certain circumstances. The paper then examines international and national guidelines, international treaties and recommendations of treaty monitoring bodies, laws in other jurisdictions, and trends in case law. The purpose of this examination is to show that the conscientious objection clause and the 'obligation to refer' in ALRA is consistent with international practice and laws in other jurisdictions. Finally, the paper turns to the problematic interpretation of conscience and moral responsibility in the context of abortion. We believe that narrow interpretations of conscience must be challenged, in order to incorporate patients' rights to include the choice of abortion and other lawful treatments according to their conscience. We conclude that the conscientious objection provisions in ALRA have achieved the right balance and that there is no justifiable legal reason upon which opponents can challenge the law.

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The creation of international commercial law presents an interesting paradox for proponents of sovereignty in international law. Indeed, it could be argued that the creation of international commercial law is the vanishing point of sovereignty in that nation states are becoming increasingly less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the consequent need for international commercial law. The term "harmonization" will be used as a surrogate to discuss the creation of international commercial law, as it is the primary means by which international commercial law is created. This article seeks to chart this trend and show that nation states are being marginalized and will become significantly less relevant as more and more international legal instruments are created. In Part II, I paint the landscape against which the process is evolving; in Part III, I will demonstrate the growing role of regional endeavors at harmonization; and in Part IV, I will attempt to draw broad themes that establish that nation states will increasingly have a secondary role in the creation of international commercial law.

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This paper analyzes trends in the making of international commercial law including the impetus for generating conventions, the growth of regional conventions, and soft law.There has never been a better time to be an international commercial law scholar. After decades of being held hostage to state-centered ideas, international commercial law has finally broken through to become more solution oriented. Increasingly, nation states are becoming less important in the creation of international commercial law with the growth of regional organizations, non-state actors, and international arbitration. This is spurred on by the march of globalization and the need for international commercial law. The term "harmonization will be used as a surrogate to discuss the creation of international commercial law as it is the primary means by which international commercial law is created. This article seeks to explore two preponderant trends that have become visible in the making of international commercial law. In Part I, I shall describe the background. In Parts II and III, I will highlight the growing role of regional endeavors at harmonization, and the rise of non-binding instruments.