448 resultados para arbitration


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Ao longo do Dezenove presenciou-se debates acerca da questão servil no Brasil. Essa querela também teve seus reflexos na Província do Espírito Santo, tendo esta, como objeto de investigação. No fim dos anos de 1860, o movimento emancipacionista começava a ser delineado pelas elites política e intelectual a nível nacional e local. No ano de 1867, a Fala do Trono trouxe à tona questões significativas a respeito do problema servil e os possíveis caminhos a serem seguidos a favor da libertação dos escravos. As décadas de 1870 e 1880 foram períodos de intenso debate acerca da campanha emancipacionista e abolicionista brasileira. Especialmente na década de 1870 com a promulgação da Lei do Ventre Livre em 1871 teve-se um número significativo de ações de arbitramento de escravos na Província do Espírito Santo, especialmente na cidade da Vitória e em suas freguesias. O intento deste trabalho é identificar como ocorreu o desenrolar do processo emancipacionista na Província do Espírito Santo, a partir do entendimento da cultura política daquela sociedade, tendo como fonte de estudo os debates proferidos no espaço da Assembleia legislativa provincial, concomitante às ações de liberdade de escravos e dois importantes periódicos: O Jornal da Victoria e A Província do Espírito Santo, pois, seus redatores e proprietários permeavam os espaços políticos e intelectuais da cidade de Vitória Oitocentista. Têm-se como marcos temporal os anos de 1869 a 1888, pois, aquele ano foi promulgada a primeira lei provincial de caráter emancipador e o último marco refere-se a extinção plena e total de uma das instituições mais duradouras na História do Brasil.

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Inicialmente, o presente trabalho busca trazer um panorama geral sobre a relação entre o Estado hospedeiro e o investidor estrangeiro. Para tanto, faz-se um breve estudo sobre a soberania do Estado sobre os recursos naturais, destacando-se, dentre outros aspectos, a importância deste tema para o desenvolvimento dos povos, e sobre a contratação com o Estado, de forma a destacar, dentre as principais cláusulas presentes nos contratos entre Estado hospedeiro e investidor estrangeiro, a cláusula de arbitragem internacional de investimentos como um dos principais meios de equilíbrio desta relação. Analisa-se, por consequinte, a estrutura da arbitragem internacional de investimento, buscando trazer suas principais regras. O trabalho culmina em um breve estudo sobre alguns dos principais laudos arbitrais que envolvem não apenas os temas tratados ao longo do trabalho, mas também a relação entre o Estado e as empresas petrolíferas, dando-se destaque ao papel da arbitragem internacional de investimento na indústria do petróleo, dado ser esta uma indústria essencialmente internacional e de grande importância estratégica para o Estado.

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This paper reviews advances in the technology of integrated semiconductor optical amplifier based photonic switch fabrics, with particular emphasis on their suitability for high performance network switches for use within a datacenter. The key requirements for large port count optical switch fabrics are addressed noting the need for switches with substantial port counts. The design options for a 16×16 port photonic switch fabric architecture are discussed and the choice of a Clos-tree design is described. The control strategy, based on arbitration and scheduling, for an integrated switch fabric is explained. The detailed design and fabrication of the switch is followed by experimental characterization, showing net optical gain and operation at 10 Gb/s with bit error rates lower than 10-9. Finally improvements to the switch are suggested, which should result in 100 Gb/s per port operation at energy efficiencies of 3 pJ/bit. © 2011 Optical Society of America.

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A major puzzle of decision making is how the brain decides which decision system to use at any one time. In this issue of Neuron, Lee et al. (2014) provide a theoretical, behavioral, and neurobiological account of a prefrontal reliability-based arbitration system.

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Drawing on my experience of a number of sports dispute resolution tribunals in the UK and Ireland (such as Sports Resolutions UK; Just Sport Ireland; the Football Association of Ireland’s Disciplinary Panel and the Gaelic Athletic Association’s Dispute Resolution Authority) I intend to use this paper to review the legal arguments typically made in sports-related arbitrations. These points of interest can be summarised as a series of three questions: the fairness question; the liability question; the penalty question.

In answer to the fairness question, the aim is to give a brief outline on best practice in establishing a "fair" sports disciplinary tribunal. The answer, I believe, is always twofold in nature: first, and to paraphrase Lord Steyn in R v Secretary of State For The Home Department, Ex Parte Daly [2001] UKHL 26 at [28] "in law, context is everything" – translated into the present matter, this means that in sports disciplinary cases, the more serious the charges against the individual (in terms of reputational damage, economic impact and/or length of sanction); the more tightly wrapped the procedural safeguards surrounding any subsequent disciplinary hearing must be. A fair disciplinary system will be discussed in the context of the principles laid down in Article 8 of the World Anti-Doping Code which, in effect, acts as sport’s Article 6 of the ECHR on a right to a fair trial.

Following on from the above, in the 60 or so sports arbitrations that I have heard, there are two further points of interest. First, the claim before the arbitral panel will often be framed in an argument that, for various reasons of substantive and procedural irregularity, the sanction imposed on the appellant should be quashed ("the liability"). Second, and in alternative, that the sanction imposed was wholly disproportionate ("the penalty").

The liability issue usually breaks down into two further questions. First, what is the nature of the legal duty upon a sports body in exercising its disciplinary remit? Second, to what extent does a de novo hearing on appeal cure any apparent defects in a hearing of first instance? The first issue often results in an arbitral panel debating the contra preferentum approach to the interpretation of a contested rule i.e., the sports body’s rules in question are so ambiguous that they should be interpreted in a manner to the detriment of the rule maker and in favour of the appellant. On the second matter, it now appears to be a general principle of sports law, administrative law and even human rights law that even if a violation of the principles of natural justice takes place at the first instance stage of a disciplinary process, they may be cured on de novo appeal. Authority for this approach can be found at the Court of Arbitration for Sport and in particular in CAS 2009/A/1920 FK Pobeda, Aleksandar Zabrcanec, Nikolce Zdraveski v UEFA at para 87.

The question on proportionality asks what, aside from precedent found within the decisions of the sports body in question, are the general legal principles against which a sanction by a sports disciplinary body can be benchmarked in order to ascertain whether it is disproportionate in length or even irrational in nature?

On the matter of (dis)proportionality of sanction, the debate is usually guided by the authority in Bradley v the Jockey Club [2004] EWHC 2164 (QB) and affirmed at [2005] EWCA Civ 1056. The Bradley principles on proportionality of sports-specific sanctions, recently cited with approval at the Court of Arbitration for Sport, will be examined in this presentation.

Finally, an interesting application of many of the above principles (and others such as the appropriate standard of proof in sports disciplinary procedures) can be made to recent match-fixing or corruption related hearings held by the British Horse Racing Authority, the integrity units of snooker and tennis, and at the Court of Arbitration for Sport.

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Interest on using teams of mobile robots has been growing, due to their potential to cooperate for diverse purposes, such as rescue, de-mining, surveillance or even games such as robotic soccer. These applications require a real-time middleware and wireless communication protocol that can support an efficient and timely fusion of the perception data from different robots as well as the development of coordinated behaviours. Coordinating several autonomous robots towards achieving a common goal is currently a topic of high interest, which can be found in many application domains. Despite these different application domains, the technical problem of building an infrastructure to support the integration of the distributed perception and subsequent coordinated action is similar. This problem becomes tougher with stronger system dynamics, e.g., when the robots move faster or interact with fast objects, leading to tighter real-time constraints. This thesis work addressed computing architectures and wireless communication protocols to support efficient information sharing and coordination strategies taking into account the real-time nature of robot activities. The thesis makes two main claims. Firstly, we claim that despite the use of a wireless communication protocol that includes arbitration mechanisms, the self-organization of the team communications in a dynamic round that also accounts for variable team membership, effectively reduces collisions within the team, independently of its current composition, significantly improving the quality of the communications. We will validate this claim in terms of packet losses and communication latency. We show how such self-organization of the communications can be achieved in an efficient way with the Reconfigurable and Adaptive TDMA protocol. Secondly, we claim that the development of distributed perception, cooperation and coordinated action for teams of mobile robots can be simplified by using a shared memory middleware that replicates in each cooperating robot all necessary remote data, the Real-Time Database (RTDB) middleware. These remote data copies, which are updated in the background by the selforganizing communications protocol, are extended with age information automatically computed by the middleware and are locally accessible through fast primitives. We validate our claim showing a parsimonious use of the communication medium, improved timing information with respect to the shared data and the simplicity of use and effectiveness of the proposed middleware shown in several use cases, reinforced with a reasonable impact in the Middle Size League of RoboCup.

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Dissertação de Mestrado, Ciências Económicas e Empresariais, 18 Dezembro de 2015, Universidade dos Açores.

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Ian McEwan‘s novel Saturday deals with the complex issues of conflict and transformation in the age of terrorism. The plot presents one internal dilemma and several interpersonal altercations that occur within a mere twenty-four hours: a) Perowne (the protagonist) vs. himself, in face of his ambivalent thoughts regarding British military participation in the war in the Middle East; b) The protagonist vs. Baxter, a ruffian from East End, in the context of a car accident; c) Perowne vs. a fellow anaesthetist, Jay Strauss, during a squash game; d) Perowne‘s daughter, Daisy vs. her grandfather, John Grammaticus, both poets and rivals; e) Perowne‘s family vs. Baxter, who intrudes the protagonist‘s house. In this paper, I exemplify, analyse and discuss how: a) Understanding the causes of what we call evil constitutes an important step towards mutual understanding; b) Both science and arts (which Perowne considers, at first, irrelevant) are important elements in the process of transformation; c) Both personal and interpersonal conflicts are intrinsic to human nature — but they also propitiate healthy changes in behaviour and opinion, through reflection. In order to do so, I resort to Saturday, and to the work of several specialists in the field of conflict management.

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The use of multicores is becoming widespread inthe field of embedded systems, many of which have real-time requirements. Hence, ensuring that real-time applications meet their timing constraints is a pre-requisite before deploying them on these systems. This necessitates the consideration of the impact of the contention due to shared lowlevel hardware resources like the front-side bus (FSB) on the Worst-CaseExecution Time (WCET) of the tasks. Towards this aim, this paper proposes a method to determine an upper bound on the number of bus requests that tasks executing on a core can generate in a given time interval. We show that our method yields tighter upper bounds in comparison with the state of-the-art. We then apply our method to compute the extra contention delay incurred by tasks, when they are co-scheduled on different cores and access the shared main memory, using a shared bus, access to which is granted using a round-robin arbitration (RR) protocol.

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The current industry trend is towards using Commercially available Off-The-Shelf (COTS) based multicores for developing real time embedded systems, as opposed to the usage of custom-made hardware. In typical implementation of such COTS-based multicores, multiple cores access the main memory via a shared bus. This often leads to contention on this shared channel, which results in an increase of the response time of the tasks. Analyzing this increased response time, considering the contention on the shared bus, is challenging on COTS-based systems mainly because bus arbitration protocols are often undocumented and the exact instants at which the shared bus is accessed by tasks are not explicitly controlled by the operating system scheduler; they are instead a result of cache misses. This paper makes three contributions towards analyzing tasks scheduled on COTS-based multicores. Firstly, we describe a method to model the memory access patterns of a task. Secondly, we apply this model to analyze the worst case response time for a set of tasks. Although the required parameters to obtain the request profile can be obtained by static analysis, we provide an alternative method to experimentally obtain them by using performance monitoring counters (PMCs). We also compare our work against an existing approach and show that our approach outperforms it by providing tighter upper-bound on the number of bus requests generated by a task.

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Contention on the memory bus in COTS based multicore systems is becoming a major determining factor of the execution time of a task. Analyzing this extra execution time is non-trivial because (i) bus arbitration protocols in such systems are often undocumented and (ii) the times when the memory bus is requested to be used are not explicitly controlled by the operating system scheduler; they are instead a result of cache misses. We present a method for finding an upper bound on the extra execution time of a task due to contention on the memory bus in COTS based multicore systems. This method makes no assumptions on the bus arbitration protocol (other than assuming that it is work-conserving).

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We propose a wireless medium access control (MAC) protocol that provides static-priority scheduling of messages in a guaranteed collision-free manner. Our protocol supports multiple broadcast domains, resolves the wireless hidden terminal problem and allows for parallel transmissions across a mesh network. Arbitration of messages is achieved without the notion of a master coordinating node, global clock synchronization or out-of-band signaling. The protocol relies on bit-dominance similar to what is used in the CAN bus except that in order to operate on a wireless physical layer, nodes are not required to receive incoming bits while transmitting. The use of bit-dominance efficiently allows for a much larger number of priorities than would be possible using existing wireless solutions. A MAC protocol with these properties enables schedulability analysis of sporadic message streams in wireless multihop networks.

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The last decade has witnessed a major shift towards the deployment of embedded applications on multi-core platforms. However, real-time applications have not been able to fully benefit from this transition, as the computational gains offered by multi-cores are often offset by performance degradation due to shared resources, such as main memory. To efficiently use multi-core platforms for real-time systems, it is hence essential to tightly bound the interference when accessing shared resources. Although there has been much recent work in this area, a remaining key problem is to address the diversity of memory arbiters in the analysis to make it applicable to a wide range of systems. This work handles diverse arbiters by proposing a general framework to compute the maximum interference caused by the shared memory bus and its impact on the execution time of the tasks running on the cores, considering different bus arbiters. Our novel approach clearly demarcates the arbiter-dependent and independent stages in the analysis of these upper bounds. The arbiter-dependent phase takes the arbiter and the task memory-traffic pattern as inputs and produces a model of the availability of the bus to a given task. Then, based on the availability of the bus, the arbiter-independent phase determines the worst-case request-release scenario that maximizes the interference experienced by the tasks due to the contention for the bus. We show that the framework addresses the diversity problem by applying it to a memory bus shared by a fixed-priority arbiter, a time-division multiplexing (TDM) arbiter, and an unspecified work-conserving arbiter using applications from the MediaBench test suite. We also experimentally evaluate the quality of the analysis by comparison with a state-of-the-art TDM analysis approach and consistently showing a considerable reduction in maximum interference.

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This paper is the author’s Master’s Thesis. It aims to study the content of lexarbitri, i.e. the relevant law regarding international arbitration. Under both Portuguese law and UNCITRAL model law, the seat’s legal provisions shall be applied at all times. Contrarily, French and Swiss legislations allow parties and arbitrators to apply any arbitration law to international arbitration, whether the seat law or a foreign arbitration law. There is not a sole understanding towards the criteria to determine the legal provisions that shall govern international arbitration. Traditionally, the lexarbitri would correspond to the arbitration law of the seat of the arbitration. The territorialist criteria remains in force under the majority of arbitration laws that the author has consulted. However, it has been criticized by several authorities in international arbitration, who suggest that the arbitration shall be governed by the law of the seat or of the place in which the award is to be enforcement, whichever better grants its enforcement – the cumulative doctrine; or the arbitration shall be governed by a set of provisions that make up the autonomous transnational legal, regardless of the legal provisions of the law of the seat – the transnational doctrine. The author intends to debate the three mentioned understandings regarding the lexarbitriand further explains why the territorialist criteria is the most adequate to the characteristics and demands of international arbitration, to the governing instruments in force and to the need for a useful award.