A Study on"Fengqiao Experience"from the Perspective of People's Livelihood

The"Fengqiao Experience"has risen from the"local experience"in the early days to the"national experience"now.Although it has gone through twists and turns,it is full of exuberant and strong vitality.Fengqiao Experience is the experience of grass-roots mass governance based on people's livelihood and other factors,so this paper studies the challenges faced by the application of"Fengqiao Experience"and the internal relationship between the experience and people's livelihood from the perspective of people's livelihood and summarizes the realization path of carrying forward the"Fengqiao Experience"from the perspective of people's livelihood.Strengthening the construction of grass-roots Party organizations,taking the mass line and implementing autonomy,rule by virtue and rule by law are the ways to carry forward the"Fengqiao Experience"in the new era,which has certain guiding significance for reality.

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

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.

A Note on Authentication Codes with Arbitration

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.

外国船员工资索赔:诉讼和仲裁之间的选择——评美国联邦第九巡回法庭the“Rogers v.Royal Caribbean Cruise Line”案

简要介绍美国联邦上诉法院第九巡回法庭the"Rogers v.Royal Caribbean Cruise Line"案的案情,回顾美国国会对船员在法院诉讼追偿工资的法定保护和支持执行《纽约公约》下仲裁的两个政策的历史背景以及法庭判案所遵循的先例,按照对案件争议点的审理思路,逐一分析法庭对船员雇佣合同中仲裁协议是否被美国《联邦仲裁法》排除条款排除、《公约法案》和《联邦仲裁法》发生冲突时的优先适用、仲裁协议是否合理以及仲裁条款是否符合公共利益的推理过程,论证法院判决的合理性,提出与判决相反的可能性解释,从而得出结论:出于权衡国会相互冲突的政策的目的,法院判决强制执行仲裁。最后,提出该案例对中国船员立法的借鉴意义。

A Study of International Arbitrators' Substantive Ethical Obligations and Chinese Strategies

The increased complexity and scales of international arbitration cases require a larger roster of righteous and experienced international arbitrators. The difficulty to define ethics or ethical obligation in the area of international arbitration has caused increased discussion and confusion. As a result,the tendency towards codification of ethical obligations would provide a more precise and practical mean to regulate arbitrators' behavior. The legal sources of ethical obligations of international arbitrators contain international conventions,national laws,arbitral institutions' rules as well as institutional codes of ethics. The main substantive ethical obligations include disclosing,investigating,conducting the arbitration in accordance with the arbitration agreement,maintaining confidentiality,being competent and diligent. Chinese authorities and foreign-related arbitral institutions should enhance the codification and uniformity of the international arbitrators' ethical obligations. The relevant strategies for revising the Arbitration Lawand arbitrators' ethical codes,unifying the foreign-related arbitration institution ethical rules and joining the harmonious progress of international arbitration should be considered correspondingly.

仲裁费用的追偿——The“Vakis T”一案

论述了有关仲裁费用追偿的问题。1996年的英国仲裁法规定胜诉方仅在四种情况下可以追回仲裁费用,而在系列仲裁中能否追偿仲裁费用则有一定的争议。结合“VAKIS T”一案,讨论了可以追偿系列仲裁中的仲裁费用的情形,并对合并仲裁和同步仲裁加以区分,最后针对无法追偿的仲裁费用提出了相应的解决方法。

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

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

Institutional Correction of Mediation under the View of Transformation:Taking the People’s Mediation as an Example

Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary system.In order to comply with the modern rule of law system,the traditional mediation is incorporated into the modern legal system through the three-level transformation of"discipline of laws","introduction of procedures"and"specialized cultivation",which was promoted by the popularity of social governance,the input of the idea of diversified solutions and the pragmatic impetus under the pressure of social transformation.The mediation movement has the characteristics of both consciousness of pragmatism and the initial legalization,but will also face the mediation disorder.The remodeling of mediation must be rooted in systematization and modernization.Its development trend includes expansion of fields,symbiosis of autonomy and specialization,and mandatory introduction.

Analysis of the 2007-2008 Writer’s Guild Strike with Game Theory

In 2007-2008, the writer’s guild of America went on strike in order to receive a better outcome from management. We built a game to analyze the situation. The Nash equilibrium of that game says that the writers should not strike and that management should maintain the status quo. The equilibrium is quite unattractive to the writers leading to a strike and forcing management to negotiate. We illustrate the results in order to gain insights into the process. We demonstrate finding the Nash equilibrium with both ordinal and then cardinal values. We demonstrate a method to find the cardinal values using the analytical hierarchy processes to measure the utility for the strategies. We show finding the prudential strategies and security levels as well as finding threat levels in this example. We show using the threat level in Nash arbitration leads to a better solution for the writers than using the security levels.

Promoting the Education of Legal Professionals for International Arbitration in China--The 15th CIETAC Cup Had Record Number of New Participants

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,

A construction of authentication codes with arbitration based on orthogonal spaces

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.

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

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.

英国法院在承认和执行外国仲裁裁决时的自由裁量权——“Dallah Real Estate and Tourism Holding Company v.The Ministry of Religious Affairs,Government of Pakistan”案评述

通过评述英国上诉法院作出的"Dallah Real Estate and Tourism Holding Company v.The Ministry of Religious Affairs,Government of Pakistan"判例,分析英国法院在承认与执行外国仲裁裁决时的自由裁量权行使之条件,并提出该判例可为《承认及执行外国仲裁裁决公约》缔约国提供参考。

Address at the Opening Session of the 5th China-Africa People’s Forum

Your Excellency Vincent Meriton,President of the People's Party of Seychelles and Vice President of Seychelles, Your Excellency Clement Mouamba ,Prime Minister of the Republic of the Congo, Ladies and Gentlemen, Dear friends,I feel greatly delighted to have you with us here in Chengdu,the city of Hibiscus,at the 5th China-Africa People's Forum.The forum is especially honoured with the message of congratulations from President Xi Jinping.This adequately reflects the importance the Communist Party of China and the Chinese goyemment have placed on the people-to-people exchanges and cooperation between China and Africa,and points out the way to follow in the proceedings of the Forum.

The Fifth China-Africa People’s Forum Held in Chengdu

From 23 to 24 July,2018,China NGO Network for International Exchanges (CNIE)and Sichuan Provincial People's Government jointly hosted the Fifth China-Africa People's Forum in Chengdu. The theme of the Forum is "Pooling the Strength of the People,Working together for Enhanced Friendship and Mutual Trust".Xi Jinping, General Secretary of the CPC Central Committee and President of China sent a message of congratulations to the Forum.

Analysis of the Bovespa Futures and Spot Indexes With High Frequency Data

Data from the World Federation of Exchanges show that Brazil＇s Sao Paulo stock exchange is one of the largest worldwide in terms of market value. Thus, the objective of this study is to obtain univariate and bivariate forecasting models based on intraday data from the futures and spot markets of the BOVESPA index. The interest is to verify if there exist arbitrage opportunities in Brazilian financial market. To this end, three econometric forecasting models were built： ARFIMA, vector autoregressive （VAR）, and vector error correction （VEC）. Furthermore, it presents the results of a Granger causality test for the aforementioned series. This type of study shows that it is important to identify arbitrage opportunities in financial markets and, in particular, in the application of these models on data of this nature. In terms of the forecasts made with these models, VEC showed better results. The causality test shows that futures BOVESPA index Granger causes spot BOVESPA index. This result may indicate arbitrage opportunities in Brazil.

The Role of the Constitutional Right to Freedom to Contract,Free Markets,and Cybersecurity

This paper reviews the right to the freedom of contract and its effect on American business.Reading this paper is worth your time because:(1)you will become aware of the how freedom of contract came into existence;(2)you will gain knowledge about the nexus between the freedom of contract and free markets;(3)and given the premise that in these tough economic times,where the government has gained much power,one principle that cannot be compromised,if we are to remain a free market system is the freedom of contract.The need to understand the many perspectives and applications of this crucial right of our society is urgent,especially in challenging economic circumstances.The right gives the U.S.a huge advantage over the rest of the world.