Enforcement of arbitral awards where the seat of the arbitration is Australia, how the Eisenwerk decision might still be a sleeping assassin

This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.

Cause-related marketing : an extension of the congruity concept

This paper considers the concept of congruity or 'fit' in a cause-related marketing (CRM) context. At present, there is a gap in the literature that explores how nonprofit-forprofit pairings affect a consumer's response to and evaluation of CRM campaigns. This paper develops the concept of 'fit' with particular attention being paid to three dimensions, namely, cognitive, emotional and behavioural congruity and the role these concepts play in determining consumers’ perception of the 'relatedness' of products and causes.

Range extension of the Millewa Skink Hemiergis millewae in the Murray-Sunset National Park, Victoria

This article reports a range extension for the critically endangered Millewa Skink Hemiergis millewae in Victoria. An individual H. millewae was found approximately 85 km east of its former known range in mature mallee vegetation, near the eastern edge of the Murray-Sunset National Park on 27 March 2007. Site characteristics are described, and a list of other reptile species found at the same site is provided. Further research into the habitat associations and distribution of H. millewae is recommended in order to guide the management of this species.

Plane wave scattering by a spherical di-electric particle in motion : a relativistic extension of the Mie theory

Light scattering from small spherical particles has applications in a vast number of disciplines including astrophysics, meteorology optics and particle sizing. Mie theory provides an exact analytical characterization of plane wave scattering from spherical dielectric objects. There exist many variants of the Mie theory where fundamental assumptions of the theory has been relaxed to make generalizations. Notable such extensions are generalized Mie theory where plane waves are replaced by optical beams, scattering from lossy particles, scattering from layered particles or shells and scattering of partially coherent (non-classical) light. However, no work has yet been reported in the literature on modifications required to account for scattering when the particle or the source is in motion relative to each other. This is an important problem where many applications can be found in disciplines involving moving particle size characterization. In this paper we propose a novel approach, using special relativity, to address this problem by extending the standard Mie theory for scattering by a particle in motion with a constant speed, which may be very low, moderate or comparable to the speed of light. The proposed technique involves transforming the scattering problem to a reference frame co-moving with the particle, then applying the Mie theory in that frame and transforming the scattered field back to the reference frame of the observer.

An extension of the flower pattern diagram for roll forming

The initial process design of a roll forming system is often based on the traditional ‘flower pattern diagram’. In this diagram, the cross sections of the strip at each roll stand are superimposed on a single plane; the diagram is a 2D representation of the 3D process. In the present work, the flower pattern is extended into three dimensions. To demonstrate the method, the forming path or trajectory of a point at the edge of the strip during forming a V-section is considered. The forming path is a surface curve that lies on a cylindrical surface having its axis along the machine axis. This surface is unwrapped to give its plane development and important features of the forming process can be determined and are readily interpreted from this plane curve. It is shown that at any stage in the process, the axial strain and the curvature of the sheet adjacent to the point are dependent on the slope of the trajectory in this plane projection. This new diagram, which apparently has not been used previously, provides a useful initial method of examining the roll forming process and optimising the flower pattern. The model is purely geometric, as is the original flower pattern approach, and does not include the effect of material behaviour. The concept is applied to several cases available in the literature. It shows that the lowest level of shape defect in the part is achieved when the trajectory of the strip edge follows the shortest line length between the start and finish of forming, leading to the least longitudinal strain introduced in the flange. This trend is in agreement with previous experimental observations, suggesting that the analytical model proposed may be applied for early process design and optimisation before time-consuming numerical analysis is performed.

Australian conditions imposed in stay of foreign arbitration matter

In Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd, the construction of arbitration clauses and the operation of s.7 of the International Arbitration Act 1974 (Cth) were considered - scope of the arbitration issue, mandatory stay issue and discretionary stay issue were examined.

Into the protecting arms: the League of Nations and the extension of international assistance to unprotected persons in the Middle East and Europe, 1926 - 1928

The refugee dilemma in Europe in the years between the two world wars had a number of aspects: humanitarian, political, and diplomatic. It raised questions of migration, questions of international law, and questions of the fate of hundreds of thousands of individuals. Refugees were visible from the very last days of the war and remained a matter of serious international concern even beyond the outbreak of war again in September 1939. The refugee dilemma in Europe was, firstly, a humanitarian crisis because the size of the refugee population was without precedent. It was also a political problem because national governments had to contend with questions about the refugees' legal status and their legitimacy under national and international law, as well as balance humanitarian concerns with national political interests. The humanitarian and political aspects together created a crisis for the international community newly united in the League of Nations. One of its first great acts-to take these refugees into its protective care-was not even prescribed for it in its Covenant. But the refugee crisis facing Europe was so great that member states were united in the belief that the League had been established precisely to undertake a task of this kind.

Update of the UNCITRAL arbitration rules revision

The UNCITRAL Rules Revision process began in September 2006 - the first revision in 30 years. The revision process has been a complicated and difficult one. It is a process that cannot be rushed as one might reasonably expect the new edition of the UNCITRAL Rules needs to serve another 30 years. This article provides an insight into the conduct of the 50th session of Working Group II, the Working Group within UNCITRAL that has been charged with preparing draft rules for the Commission to consider and approve. It was a very interesting session in which a number of significant and controversial issues were considered. Our report focuses on three specific issues - the treatment of set-off; witnesses; and interim measures.

First-principles based force-field for the interaction of proteins with Au(100)(5 x 1): an extension of GolP-CHARMM

Noncovalent recognition between peptides and inorganic materials is an established phenomenon. Key to exploiting these interactions in a wide range of materials self-assembly applications would be to harness the facet-selective control of peptide binding onto these materials. Fundamental understanding of what drives facet-selectivity in peptide binding is developing, but as yet is not sufficient to enable design of predictable facet-specific sequences. Computational simulation of the aqueous peptide-gold interface, commonly used to understand the mechanisms driving adsorption at an atomic level, has thus far neglected the role that surface reconstruction might play in facet specificity. Here the polarizable GolP-CHARMM suite of force fields is extended to include the reconstructed Au(100) surface. The force field, compatible with the bio-organic force field CHARMM, is parametrized using first-principles data. Our extended force field is tailored to reproduce the heterogeneity of weak chemisorbing N and S species to specific locations in the Au(100)(5 × 1) surface identified from the first-principles calculations. We apply our new model to predict and compare the three-dimensional structure of liquid water at Au(111), Au(100)(1 × 1), and Au(100)(5 × 1) interfaces. Using molecular dynamics simulations, we predict an increased likelihood for water-mediated peptide adsorption at the aqueous-Au(100)(1 × 1) interface compared with the Au(100)(5 × 1) interface. Therefore, our findings suggest that peptide binding can discriminate between the native and reconstructed Au(100) interfaces and that the role of reconstruction on binding at the Au(100) interface should not be neglected. © 2013 American Chemical Society.

A Critical Review of the Harm Minimization Ideology in Australia

Harm minimization as a drug-policy approach represents a major step forward in Australian society's method of dealing with the myriad problems associated with illicit drug use. However, harm minimization lacks a substantial theoretical underpinning and there has been little debate about harm minimization at the sociological level. This article investigates a number of the assertions made within the harm minimization literature and the assumptions on which they are based. These assumptions are critically deconstructed from a number of points of view, including a Foucauldian perspective. Areas investigated include: the use of epidemiological data as a foundation for many harm-reduction strategies, the failure of harm minimization theories to deal adequately with the role of discourse in the drug policy arena, the harm minimization claim to amorality, the use of a utilitarian set of values, the supposed popularity of harm reduction and the idea that the current harm-reduction paradigm clearly acts as an extension of 'surveillance medicine' through the vehicle of governmentality. It is concluded that, whilst harm minimization represents the most promising advance in drug policy in the past, the lack of theoretical rigour in the development of these initiatives results in many of the claims made by proponents of harm-reduction strategies being either overly optimistic or fundamentally flawed.

The sport spectator satisfaction model : A conceputal framework for understanding the satisfaction of spectators

Customer satisfaction is associated with numerous positive business outcomes and is recognised as an important field of study. However, only limited research has addressed the satisfaction of sport spectators, with even fewer studies examining the determinants of this satisfaction. Yet an understanding of how spectators arrive at evaluations of satisfaction or dissatisfaction provides a useful insight for directing marketing and operational efforts. The Sport Spectator Satisfaction Model (SSSM) is an extension of the Disconfirmation of Expectations Model (DEM) accommodating unique aspects of the sport product, as well as accommodating the core and peripheral dimensions of the spectator service. The SSSM depicts club identification and the win/lose phenomenon as considerable influences on the satisfaction spectators derive from the game and its peripheral services. The SSSM integrates marketing theory, social identity theory and sport marketing theory to broaden our understanding of spectator satisfaction and provide a platform for further research.

The combined tensile and torsional behavior of irregular fibers

Most fibers are irregular, and they are often subjected to combined loading conditions during processing and end-use. In this paper, polyester and wool fibers under the combined tensile and torsional loads have been studied for the first time, using the finite element method (FEM). The dimensional irregularities of these fibers are simulated with sine waves of different magnitude and frequency. The breaking load and breaking extension of the fibers at different twist or torsion levels are then calculated from the finite element model. The results indicate that twist and level of fiber irregularity have a major impact on the mechanical properties of the fiber and the effect of the frequency of irregularity is relatively small.