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Principles of Burden and Standards of Proof in Investor-state Arbitration
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作者 Su Wei 《仲裁研究》 2021年第2期75-101,共27页
The discretionary decisions can affect the factual conclusions and hence result in unfairness to one party in a particular case.Understanding that tribunals are always bound to conduct the procedure fairly and within ... The discretionary decisions can affect the factual conclusions and hence result in unfairness to one party in a particular case.Understanding that tribunals are always bound to conduct the procedure fairly and within the limits of certain public policy,a careful examination of these principles to ensure the tribunals staying in course should be warranted.The development of evidentiary rules in investor-state arbitration is bifurcated.On the one hand,significant development has been made with respect to the rules of the taking of evidence as a result of the practice of international tribunals and by various codification efforts.On the other hand,lack of systematic and concrete rules binding tribunals on the exercises of determination of facts,allocating burden of proof and weighing of probative value of evidence makes the result of fact-finding unpredictable,inconsistent and sometimes even arbitrary.International tribunals have considerable discretion in dealing with presented evidence by applying the evidentiary rules they consider fit.This article reviews the principles relating to burden and standard of proof as reflected in international investor-state arbitration.Significant divergences can be discerned in practice.However,this author does not believe that introducing specific and binding evidentiary rules is a solution,considering the fundamental differences between arbitration and litigation.What the author advocates is the development of some guideline rules to ensure greater certainty,while preserving the flexibility of the arbitral process.The balance aims to achieve a level of"guided flexibility"to reduce uncertainties in factual decisions and to endow the less-experienced tribunals with some guidance. 展开更多
关键词 International Investment arbitration Evidentiary Rules Burden and Standards of Proof
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Strategies for China’s Response to and Improvement of Third-Party Funding in International Investment Arbitration
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作者 Na Yao Lijuan Liu Lili Cheng 《Proceedings of Business and Economic Studies》 2023年第6期134-138,共5页
China should prioritize the establishment and enhancement of a third-party funding system.It should actively refine the existing arbitration rules,addressing any loopholes in the current regulatory framework.Comprehen... China should prioritize the establishment and enhancement of a third-party funding system.It should actively refine the existing arbitration rules,addressing any loopholes in the current regulatory framework.Comprehensive measures should be implemented to regulate third-party funding,aligning with international trends.This is crucial not only to safeguard the foreign investment of the Chinese government and enterprises but also to position China as a globally influential arbitration center. 展开更多
关键词 Third-party funding International investment arbitration
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Review of Arbitral Award of Network Loan and Analysis of Construction of Implementation Review Rules
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作者 Li Guo 《Proceedings of Business and Economic Studies》 2024年第2期32-37,共6页
The network arbitration cases arising from the network lending disputes are pouring into the courts in large numbers.It is reported that the network arbitration system of some arbitration institutions even“can accept... The network arbitration cases arising from the network lending disputes are pouring into the courts in large numbers.It is reported that the network arbitration system of some arbitration institutions even“can accept more than 10,000 cases every day,”while online lending is booming,it has also caused a lot of contradictions and disputes,and traditional dispute resolution methods have failed to effectively respond to the need for efficient and convenient resolution of online lending disputes.This paper tries to study the arbitral award of online loans and proposes the construction of implementation review rules. 展开更多
关键词 Online loan arbitration Execute Review rules CONSTRUCT
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Legal Thoughts onthe Trial Methods of Arbitral Tribunal fromthe Perspective of International Arbitration-Suggestions of RevisionTrends on the Article 3 9 , 40 of Chinese Arbitration Act 被引量:1
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作者 张建 《石家庄经济学院学报》 2016年第3期108-112,共5页
中国《仲裁法》颁布二十多年来,从时代演进的角度分析,现行仲裁程序的立法条款对仲裁庭仲裁权的行使已构成桎梏,亟待革新。现行《仲裁法》第3 9 条与第40 条分别是关于仲裁审理方式与仲裁不公开原则的规定,其对书面审理抑或开庭审理方... 中国《仲裁法》颁布二十多年来,从时代演进的角度分析,现行仲裁程序的立法条款对仲裁庭仲裁权的行使已构成桎梏,亟待革新。现行《仲裁法》第3 9 条与第40 条分别是关于仲裁审理方式与仲裁不公开原则的规定,其对书面审理抑或开庭审理方式的设定未能凸显仲裁庭裁量权,而对仲裁保密性的限度未能确立保密义务人的范畴,显得僵化,无益于仲裁的灵活性与自治性优势的发挥.为提升我国仲裁的国际化,相关部门有必要重视仲裁法修订的问题. 展开更多
关键词 不公开审理 书面审理 当事人意思自治 仲裁权
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A Note on Authentication Codes with Arbitration 被引量:1
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作者 李育强 《Chinese Quarterly Journal of Mathematics》 CSCD 1997年第4期103-106, ,共4页
By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its... By use of partially balanced t-designs (v,b, k;λ,0) that is constructed by the rational normal curves given by [5] and the Cartesian product given by [4],an authentication code with arbitration is constructed and its probability of success of attacks by the transmitter, the receiver and the opponent is obtained in this paper. 展开更多
关键词 authentication codes arbitration partially balanced t-designs
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Handling Corruption in International Commercial Arbitration 被引量:2
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作者 Zheng Sophia Tang 《中国国际私法与比较法年刊》 CSSCI 2014年第1期207-215,共9页
Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country g... Corruption is defined as abuse of entrusted power for private gain.~①Transparency International Corruption Perceptions Index 2014 shows that among 175 countries/territories in the world,"not one single country gets a perfect score and more than two-thirds score below50,on a scale from 0(highly corrupt)to 100(very clean)".~②The sectors most seriously affected by corruption include public procurement,construction and estate,energy,pharmaceutical and health care,transportation,etc. 展开更多
关键词 Handling Corruption in International Commercial arbitration
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A PRIORITY-BASED POLLING SCHEDULING ALGORITHM FOR ARBITRATION POLICY IN NETWORK ON CHIP 被引量:1
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作者 Bao Liyong Zhao Dongfeng Zhao Yifan 《Journal of Electronics(China)》 2012年第1期120-127,共8页
A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conf... A solution is imperatively expected to meet the efficient contention resolution schemes for managing simultaneous access requests to the communication resources on the Network on Chip (NoC). Based on the ideas of conflict-free transmission, priority-based service, and dynamic self-adaptation to loading, this paper presents a novel scheduling algorithm for Medium Access Control (MAC) in NoC with the researches of the communication structure features of 2D mesh. The algorithm gives priority to guarantee the Quality of Service (QoS) for local input port as well as dynamic adjustment of the performance of the other ports along with input load change. The theoretical model of this algorithm is established with Markov chain and probability generating function. Mathematical analysis is made on the mean queue length and the mean inquiry cyclic time of the system. Simulated experiments are conducted to test the accuracy of the model. It turns out that the findings from theoretical analysis correspond well with those from simulated experiments. Further more, the analytical findings of the system performance demonstrate that the algorithm enables effectively strengthen the fairness and stability of data transmissions in NoC. 展开更多
关键词 Network on Chip(NoC) arbitration policies Priority-based polling Dynamic load adaptation
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CHINA'S FOREIGN-RELATED ARBITRATION 被引量:1
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作者 Li Fu, Arbitration Institute of theChina International Economic andTrade Arbitration Commission 《China's Foreign Trade》 1996年第1期24-24,共1页
Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration C... Before the founding of new China in1949,there was no any arbitrationlegislation or arbitration organs.On May 6,1954,the former central people’sgovernment passed the Decision on Settingup a Foreign Trade Arbitration Committeeunder the China Council for the Promotionof International Trade to provide the basicprinciples for China’s 展开更多
关键词 CHINA’S FOREIGN-RELATED arbitration
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On the Eve of the Enforcement of the Arbitration Law——An interview with Xu Dayou, vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade Arbitration Commission 被引量:1
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作者 Min Zi 《China's Foreign Trade》 1995年第6期6-7,共2页
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu... The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council 展开更多
关键词 On the Eve of the Enforcement of the arbitration Law vice-chairman of China Council for the Promotion of International Trade and of the China International Economic and Trade arbitration Commission An interview with Xu Dayou
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Promoting the Education of Legal Professionals for International Arbitration in China--The 15th CIETAC Cup Had Record Number of New Participants
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作者 Zhao Ailing 《China's Foreign Trade》 2017年第6期54-55,共2页
On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission (CIETAC), was held in Beijing.... On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission (CIETAC), was held in Beijing. Wang Chengjie, 展开更多
关键词 Promoting the Education Legal Professionals International arbitration
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A construction of authentication codes with arbitration based on orthogonal spaces
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作者 BOUBACAR ABBA 游宏 《Journal of Harbin Institute of Technology(New Series)》 EI CAS 2006年第2期134-140,共7页
In this paper we give a new construction of authentication codes with arbitration using orthogonal spaces. Some parameters and the probabilities of successful attacks are computed.
关键词 Authentication codes with arbitration orthogonal spaces finite field
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A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road
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作者 Ni Nan Wu Lingwei 《Contemporary Social Sciences》 2018年第4期70-81,共12页
As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along ... As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms. 展开更多
关键词 the Belt and Road Initiative online arbitration center for dispute settlement
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Arbitration Agreement (2)
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《China's Foreign Trade》 2002年第7期28-35,38-51,共22页
关键词 CIETAC arbitration Agreement ORAL CMAC BODY
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Arbitration in Maritime Disputes
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作者 Ahmed Dawood 《Journal of Shipping and Ocean Engineering》 2016年第4期206-211,共6页
Prevailing maritime relations in the present era resort to arbitration to resolve arising disputes where parties of these relations should agree on the solution to the current or future conflicts arising from them to ... Prevailing maritime relations in the present era resort to arbitration to resolve arising disputes where parties of these relations should agree on the solution to the current or future conflicts arising from them to a specialist arbitrators of their choice known for their competence and experience in the maritime field to adjudicate the provisions of the arbitration binding. Maritime arbitration grew since the time of the Romans, and spread to the Middle Ages as a simple, flexible and specialized system to resolve maritime disputes, but it gained popularity in the present era as a result of booming international trade and commerce between different countries where this trade found that shipping is the best way among different means of transportation for its low costs and the large volume of cargo transported by it. Marine disputes submitted for arbitration are many and varied, some of which comes from the contract between the stakeholders and others arising from maritime accidents, and examples of the first group is the shipbuilding, repair, sold, leased and insured contracts, the transport of goods or people contracts, marine sales contracts as well as the diameter of maritime contracts. The second group is maritime collision, Assistance and Rescue and the settlement of joint naval losses. London and New York are considered of the most cities in the world that embrace this type of arbitration followed by Paris and Tokyo. In London alone there are more than four hundred nautical arbitration rulings in each year. 展开更多
关键词 arbitration MARITIME disputes conflicts TRADE SHIPPING SALVAGE accidents.
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Arbitration Agreement(1)
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《China's Foreign Trade》 2001年第8期18-23,26,共7页
关键词 arbitration Agreement CIETAC
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Foreign Economic and Trade Arbitration Cases
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作者 Cai Hongda 《China's Foreign Trade》 1994年第12期46-49,共4页
In the last decade as more and more foreign-related commercial disputes have emerged, the China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission have been among the... In the last decade as more and more foreign-related commercial disputes have emerged, the China International Economic and Trade Arbitration Commission and the China Maritime Arbitration Commission have been among the world’s major commercial arbitration centres. They play an independent and fair role in handling cases, and this has recognized worldwide. From this issue, we will introduce some cases handled by the two arbitration commissions to help our readers have a better understanding of China’s foreign arbitration practices and to promote the healthy development of international commercial cooperation. 展开更多
关键词 Foreign Economic and Trade arbitration Cases US
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Court's Role In Support of Arbitration Procedure-On Reform of Arbitration Law of the PRC
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《China's Foreign Trade》 2002年第10期4-13,共10页
关键词 CIETAC Court’s Role In Support of arbitration Procedure-On Reform of arbitration Law of the PRC
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Accession to WTO: Where to go, the Development of Arbitration Cause in China?
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《China's Foreign Trade》 2001年第12期5-9,共5页
关键词 the Development of arbitration Cause in China Accession to WTO Where to go
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AMERICAN ARBITRATION DAY BEGINS ON GUAM
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作者 Attorney Patrick M.Wolff 《China's Foreign Trade》 2002年第10期3-3,共1页
关键词 ADR AMERICAN arbitration DAY BEGINS ON GUAM
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The Development of Arbitration Cause Should be Marched Forward With Times
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作者 YU Xiao song 《China's Foreign Trade》 2001年第12期4-4,共1页
It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and... It’s a golden season of harvest during which it was a fine autumn weather with the pale clouds and a light breeze blowing in September in Beijing. The China International Economic and Trade Arbitration Commission and China Maritime Arbitration Commission held a forum of arbitrators on 26 to 28 September 2001s dealing with arbitrate work in a beautiful landscape place, Kuan Gou, a suburb in Beijing. Mr. Yu Xiaosong, the Chair- man of China Council for Promotion of International Trade/China Chamber of International Commerce, China Intemational Economic and Trade Arbitration Commission and China Maritime Arbitration Commission, gave a talk at the forum stressed that the development of arbitration cause in China should be marched with ticccccccccmes and adapted to the fast development in the situations both of home and abroad. Mr. Yu Xaosong’s talk put forward a kind of principles for the development of the arbitration cause in China, a part of which, we publish part of it here as a reference for the arbitrate circle colleagues. 展开更多
关键词 The Development of arbitration Cause Should be Marched Forward With Times more WTO APEC
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