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The Tabebuia alliance is widely planted in tropical and subtropical countries. However, the lack of accurate taxonomic information for many commercial cultivars leads to commercial disputes. We sought to clarify the background of commercial cultivars in China and to provide a robust basis for patent protection. We collected 82 Tabebuia cultivars and 12 reference individuals, then developed large-scale single nucleotide polymorphism (SNP) markers using genotyping-by-sequencing. We obtained 73,219 SNPs from the test samples, which represented a substantial increase compared with previous studies of Tabebuia species. Based on these SNPs and a clustering analysis, we detected six species among the samples, as well as an uncertain population which may be a hybrid between Handroanthus impetiginosus (Mart. ex DC) Mattos and H. heptaphyllus (Vell.) Mattos. An analysis of genetic diversity to assess germplasm resources indicated that excessive heterozygosity of these cultivars in China, which may explain the genetic basis of "novel-preferred" selection in ornamental plants or a narrow genetic background. After rigorous selection, we identified numerous high-quality molecular markers for cultivar identification, then constructed a concise fingerprint with 54 SNPs. Our work clarifies the background information of commercial cultivars of Tabebuia in China and provides information for cultivar identification. It will serve as an important technical resource for genetic studies, and it will help to protect patents that involve Tabebuia species. [ABSTRACT FROM AUTHOR]

Introduction to The Problem: For many years, Nigerian Muslims had long desired a wider use of Shari’ah outside its traditional usage in worship and family relations. This agitation has led to a rise in the use of Shari’ah in commercial transactions and banking and financial products lately. As the use of Shari’ah in this realm of commercial relationships increases, conflict is inevitable and this requires appropriate dispute resolution mechanisms to settle it. Not only that, Muslims in Nigerian wish to observe and be governed by Shari'ah in all aspects of their lives including their commercial dealings, they also desire a resolution of their disputes in accordance with their faiths and beliefs. Thus, the contemporary laws in Nigeria need to be merged with Islamic law principles in order to meet the demands of its citizens. Purpose/Objective Study: This paper aimed to examine the legal status of Islamic arbitration and its awards within the Nigerian legal framework particularly in area of commercial disputes. Design/Methodology/Approach: This paper employed doctrinal methodology of legal research. It therefore adopts descriptive and analytical methods. It involves primary sourcing materials from Quran, Sunnah, Acts and Cases. Secondary sources include journal articles, textbooks, official documents online and internet materials. Findings: This paper revealed that the notion of a tahkim (arbitration) subsists and recognise in the Shari’ah law and in Nigerian legal system. However, provisions of Arbitration and Conciliation Act (ACA) 1988 do not consider the idiosyncrasies of Islamic injunctions, despite growing investors’ interests in Islamic commercial transactions. ACA do not provide a Shari'ah compliant arbitration alternative for both Muslim and non-Muslim parties who are willing to arbitrate under the Islamic law. It is consequently suggested that peculiar nature of the Islamic arbitration and awards should be considered in the ACA and the relevant Sections should be amended accordingly. [ABSTRACT FROM AUTHOR]

Copyright of Journal Of the College of Law /Al-Nahrain University is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The myth of mediator neutrality: In the context of legal or commercial disputes, mediation can broadly be defined as a process in which a third party - the mediator - tries to assist parties to a dispute to resolve their differences. This contribution questions the notion of a mediator being a "neutral" who has no, or at least very limited authority to deal with the substance of a dispute. This is not merely an academic matter, as mediator "neutrality" also sometimes lies at the heart of the way mediation is regulated and mediators are trained, regulatory frameworks and mediator as is the case with Belgium. [ABSTRACT FROM AUTHOR]

Much of the core work of government is now done pursuant to contract with private sector bodies, primarily for efficiency reasons. While the phenomenon of contracting out of governmental functions has attracted increasing scholarly attention in terms of public law accountability, the use of commercial arbitration for the resolution of contractual disputes involving governments has until recently attracted scant attention. The law regulating commercial arbitration does not distinguish between arbitrations between private actors and arbitrations involving governments, treating all commercial disputes as wholly private in nature. By controlling government action, arbitrators contribute to governance but without the hallmarks of the judicial process such as impartiality, transparency, the possibility for third-party participation and judicial oversight. As such, the law does not take into account the public dimension of disputes under government contracts or the role of arbitrators as adjudicators of public law disputes. Nor do there appear to be any constitutional constraints on the use of arbitration in government contracts. [ABSTRACT FROM AUTHOR]

This article examines the changing nature of judicial review of governance in American businesses. Drawing on a detailed study of all cases filed in 2018 in Delaware, the country’s dominant jurisdiction for corporate law, and a previous study of such litigation at the turn of the century, it reveals fundamental changes in corporate law issues brought to court in the twenty-first century. Twenty years ago, the chief task of the Delaware Court of Chancery, the nation’s preeminent business court (and the Delaware Supreme Court that hears all appeals from that court), was to apply fiduciary duties to resolve disputes over the governance of publicly traded corporations in an acquisition setting. Today, the Chancery Court’s ambit is far broader. Fiduciary duty litigation is still important, but alongside these cases, the chancellors are now spending more time resolving governance disputes by applying statutory provisions. In a new development for Chancery, its judges now regularly interpret contracts establishing governance in entities beyond the corporation, most prominently the limited liability company (LLC). Corporations are still important, but litigation over LLCs has sharply risen, and the court’s caseload is increasingly dominated by privately (not publicly) held firms—some corporations, some not. The court still spends most of its time resolving governance disputes within firms, but in another change, it is also being called on to resolve non-governance, commercial disputes arising between business firms, especially after an acquisition. This study has important implications for governance of contemporary business entities. It draws attention to the multiple ways that corporate governance questions are now presented to courts and the different skills judges are called upon to employ in the various settings. In addition to documenting major changes in corporate litigation over the past two decades, this article draws on its findings to make two additional contributions. First, it proposes new measures to determine the extent to which different kinds of cases heard in the Chancery Court take up different amounts of judges’ and litigants’ time and resources. Second, its findings shed new light on the long-debated question of state competition for business formation and litigation. LLCs now provide Delaware almost 30 percent of its budgetary income from entity chartering, up from the low single digits twenty years ago. The data on commercial non-governance filings suggest Delaware is competing for litigation, separate from chartering, more than it has in the past. [ABSTRACT FROM AUTHOR]

Commercial disputes as with other facets of human interaction are inevitable. In the early oil and gas market era, unilateral action was the order of resolving disputes. With the exponential growth in the global energy market, disputes have consequently become more incremental and their resolution, more nuanced to ensure minimal or nil disruptions to operational activities. A mechanism that accommodates the character and resolution of such disputes is arbitration. This is so because it accommodates expert determinants in what has become a very technical and complex area, and which requires expert guidance for its resolution. However, the incursion of stringent regulations into settlement of disputes has become a point of challenge to arbitral awards in the energy sector, making the recognition and enforceability of energy awards more complex. This article examines how to effectively navigate the interstices of recognition and enforcement of energy arbitral awards. In particular, it examines the impact of section 50 of the National Power Sector Reform Act 2005 and section 11 of the Petroleum Act on adjudication of energy disputes in Nigeria, especially on the arbitrability of tax disputes in Production Sharing Contracts (PSCs). This article demonstrates that before arbitration clauses are inserted in contracts of parties in the energy sector, recourse should be had to the possible effect of statutory regulations on such disputes which may oust the jurisdiction of the arbitrator(s), and consequently make otiose the enforcement of the arbitral award made pursuant thereto. [ABSTRACT FROM AUTHOR]

The law of contract is changing. "Good faith" and "relational contracts" are used by parties more than ever before in commercial disputes. Yet, their definition and what it really means to act in good faith are still unsettled in the UK and Australia, reducing the (judicial and doctrinal) utility and impact of such conceptual tools. In contrast, the construction industry is trying to move forward in policy terms. Over the last 30 years, industry-led initiatives have been working to improve collaboration. In the UK and Australia, new collaborative frameworks contain express provisions asking parties to act with mutual trust and cooperation among other collaborative schemes. Examination of the judicial approach and industry initiatives demonstrates that there is – underpinning both – a project-centric approach (even if that is yet to be fully recognised or articulated). It is the aim of this paper to further articulate this understanding by examining at the judicial and industry positions in the UK and Australia. [ABSTRACT FROM AUTHOR]

Copyright of Nederlands-Vlaams Tijdschrift voor Mediation en Conflictmanagement is the property of Boom uitgevers Den Haag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Law & Justice Review is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Istanbul Commerce University Journal of Social Sciences / İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi is the property of Istanbul Commerce University Journal of Social Sciences and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The subject of this article is arbitrating financial disputes that arise from financings and financial products, usually in the international context, and typically of higher value. The article looks at how the subject has developed in China's financial markets, as well as those of the West. It concludes that some financial disputes do have different characteristics from other commercial disputes, depending on the type of dispute in question. Though financial transactions often provide for the courts to have jurisdiction, particularly the courts of major financial centres, arbitration is in fact also widely used in financial disputes. An important consideration for financial institutions is the recent and widespread introduction of rules as to ' early determination ' by many arbitral institutions. A potentiality of these is to make arbitration more ' finance friendly ' for financial institutions, and their counterparties, but there remains a reluctance on the part of tribunals to use them. Some of the principal components of the practical application of ' early determination ' provisions are clarified in the article. Finally, some views are offered on what may lie ahead for the arbitration of financial disputes, particularly in the field of technology and green finance. [ABSTRACT FROM AUTHOR]

One of the important issues in international commercial arbitration is the arbitration board, which consists of one or more arbitrators to resolve commercial disputes based on the agreement of the parties to the dispute, or by the arbitration organization or the court, and is dissolved after dealing with the commercial disputes. In this research we examine the competence of the arbitration board in international commercial arbitration, focusing on its ability to make decisions regarding jurisdiction and the examination of the existence of the arbitration agreement. The research employs a descriptive-analytical method and relies on library and electronic sources for data collection. The findings designate that the arbitration board, per the Afghanistan Arbitration Law and the UNCITRAl Model Law on International Commercial Arbitration, has the authority to determine its jurisdiction and observe the existence of the arbitration agreement. It is established that the principle of competence-competence is widely accepted by the laws of many countries. However, it is elucidated that the subject matter jurisdiction lies with the agreement of the parties involved. The research highlights the importance of the arbitration board in impartially resolving commercial disputes evolving from economic and commercial contracts and emphasizes its role in achieving quick and fair dispute resolution.

Indonesia and Singapore are neighbouring countries with vibrant economic relations. Despite the geographical proximity, the legal systems in both countries are strikingly different. The author suggests that the most influencing factor of a country's legal system is often its former colonial master. Singapore (a former British colony) applies the common law legal system while Indonesia (a former Dutch colony) applies the civil law legal system. Chan and van Rhee suggest that the differences between the two legal systems are often exaggerated, but differences remain. This paper sets out these differences with a focus on the judges' role in taking evidence in civil proceedings, given the inevitable fact that disputes would arise among the business players of the two countries and that taking of evidence is an essential part that may be decisive to the outcome of a dispute. Doctrinal and comparative methods will be used, namely through analysing various procedural laws as found in the statute, case laws, as well as commentaries. This paper contributes to the scant collection of comparative literature on the two legal systems and assists business players in understanding better the procedures of taking evidence applied by the relevant dispute resolution forum that they can choose to resolve their commercial disputes. [ABSTRACT FROM AUTHOR]

Copyright of Studi Piemontesi is the property of Centro Studi Piemontesi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the role of the Astana International Financial Centre's (AIFC) common-law judiciary in the evolution of commercial laws in the former Soviet republics and around the world. Other topics include the evolution of corporate and securities laws, securities market regulation, and the role of the AIFC court in resolving civil and commercial disputes in the Commonwealth of Independent States.

Copyright of Journal of Law (1985-8000) is the property of University of Bahrain, Deanship of Graduate Studies & Scientific Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Legal Research Quarterly is the property of Shahid Beheshti University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revue de Musicologie is the property of Societe Francaise de Musicologie and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article explore the viability of international class commercial arbitration as a method of dispute resolution. It discusses the background of class actions and arbitration, particularly in the context of commercial disputes. It further analyzes the current state of affairs regarding class arbitration in the U.S. and other countries, evaluating the legal and practical factors that influence its viability.

The consumer-based and technology-driven economy has triggered competitiveness amongst companies. In the everevolving market space, the companies have recognised the significance of generating intangible assets such as trademarks, patents, and trade secrets to remain competitive. Due to globalisation, international business transactions with respect to these intangible assets have led to an increase in intellectual property disputes. Moreover, due to IP's complex nature, the risks involved in IP litigation can be burdensome in cross-border IP disputes coupled with the Court's cumbersome procedure. Given that the stakeholders prefer out-of-court dispute resolution systems like arbitration to resolve their commercial disputes, arbitrating IP disputes is slowly gaining traction. Even though India's courts have expressed their leaning towards arbitrating IP disputes, the same has become practically impossible due to various impediments in the existing mechanism. This article surveys the current IP arbitration regime and uncovers the existing impediments and loopholes in IP arbitration. Further, the article explores the possibility of liberalising the IP arbitration regime by taking cues from jurisdictions across the globe. [ABSTRACT FROM AUTHOR]

Introduction. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. Summary of the main research results. The article is devoted to the study of the functioning and peculiarities of proceedings in international commercial arbitration, specializing in trade in grain and oil crops. The article examines the features of arbitration proceedings that are characteristic of GAFTA arbitration. The key differences of grain arbitration are established, namely: the specific qualification of GAFTA arbitrators in the field of trade in grain and oil crops, which distinguishes this arbitration institution from other permanent arbitration institutions; unique for arbitration proceedings is the presence of an appeal proceeding, which is also organized by the arbitration institution and gives the parties the opportunity to appeal the arbitration decision of the first instance; arbitrators reviewing first-instance decisions are not bound by the decision of the first-instance tribunal and have the opportunity to review the case with the addition of a new evidence base; availability of standard and simplified arbitration procedures, which effectively affects the time and financial resources of the parties to arbitration proceedings; the presence of a simplified procedure, which makes it impossible to appeal the arbitration decision, leaves only one arbitrator and significantly speeds up the arbitration of the case, standard for arbitration procedures, a high level of confidentiality of the proceedings, which can be especially important, taking into account the specifics of the grain trade market; features related to payment of arbitrators' work and payment of arbitration fees, depending on the parties' membership in GAFTA; the use of English law in arbitration, which in most cases is more applicable precisely for similar commercial disputes; arbitration proceedings in GAFTA in most cases take place without an oral hearing, only on the basis of written documents, which significantly speeds up the proceedings; parties can significantly reduce arbitration costs in GAFTA arbitration if they are members of the association, as in this case mandatory payments are significantly reduced; GAFTA arbitration effectively changed its working format during the coronavirus pandemic and moved to electronic document flow and electronic awards using electronic digital signatures and seals. Conclusions. The article establishes that specialized international commercial arbitrations on grain trade are an effective way of resolving commercial disputes complicated by a foreign element, taking into account the qualifications of arbitrators and the special arbitration procedure.

Copyright of Zeitschrift für Konfliktmanagement is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Konfliktmanagement is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The digital age has brought a surge in technological advancements, impacting every facet of life. The emergence of artificial intelligence technologies and the achievements and radical changes they offer have led to the emergence of new types of crimes characterized by the use of electronic evidence and the use of machines to commit them. This has prompted governments, police and judicial authorities to use artificial intelligence technologies to help detect these crimes and reduce their occurrence. However, employing AI in the courtroom raises significant questions. Expand more Concerns surrounding the validity, weight in court, and proper limitations of evidence extracted using AI This research delves into the role of AI in evidence extraction and its admissibility within the legal system. The research focuses on the contemporary legal landscape, particularly regarding electronic evidence and its weight in court. It addresses the challenges posed by AI, such as relying solely on AI for crime investigation and prosecution, and the resulting legal complexities. The research aims to: • Define AI and electronic evidence. • Identify the different types and characteristics of electronic evidence. • Explore areas where AI can be applied in judicial evidence analysis. • Examine the weight given to electronic evidence in court. The research utilizes a combined scientific approach, employing both descriptive and analytical methods. It found that AI excels in data analysis, facial/eye recognition, and multimedia analysis, surpassing traditional computer programs. However, legal and legislative hurdles remain, along with challenges related to the weight of evidence, algorithmic bias, and deep fakes (manipulated videos). The research recommends a balanced approach. It suggests allowing AI use in courts with strict safeguards to protect liberties and ensure justice. These safeguards include upholding the presumption of innocence, carefully evaluating the weight of digital outputs, and thoroughly discussing them in court proceedings. Additionally, the research emphasizes the need for: • Updating laws and regulations to keep pace with AI advancements. • Educating law enforcement and judicial personnel on AI technologies. • Continuously seeking solutions to address algorithmic bias and other emerging challenges. By implementing these recommendations, we can leverage AI's potential while ensuring its ethical and responsible use in the judicial system. [ABSTRACT FROM AUTHOR]

The arbitration mechanism as an alternative dispute resolution for business in Indonesia offers advantages such as speed, confidentiality, and specialization of the arbitrator. However, its effectiveness is hindered by various factors, including non-compliance with arbitration awards and the varying quality of arbitrators. This research employs a normative legal research method, analyzing applicable regulations and legal doctrines related to arbitration in Indonesia, particularly Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Findings indicate that while arbitration is preferred due to its efficiency, challenges such as low compliance with awards, concerns about arbitrator quality, and complexities in the selection process persist. Additionally, legal culture and issues like corruption significantly affect the choice of arbitration. To enhance the effectiveness of arbitration, regulatory reforms, improvements in the quality of arbitration institutions, and education for business actors are essential. Strengthening the relationship between arbitration and the judiciary is also crucial for fostering trust in this mechanism. In conclusion, improving arbitration as a dispute resolution method in Indonesia requires a comprehensive approach, including regulatory enhancements, better education, and quality assurance for arbitrators. By addressing these challenges, arbitration can become a more reliable choice for business actors, supporting sustainable economic growth in Indonesia. [ABSTRACT FROM AUTHOR]

The aim of the research is to assess the readiness of Polish judges and entrepreneurs to use mediation. This issue has not yet been the subject of in-depth empirical analysis. Online questionnaire research was carried out on a group of n = 150 judges and n = 178 entrepreneurs. The obtained results indicate that the surveyed groups differ in terms of readiness for mediation and in terms of expectations regarding the need to change the applicable legal regulations. It was also shown that sociodemographic variables correlate with readiness to refer cases to mediation and the direction of expectations as regards changes to the legal regulations concerning mediation. The conducted research leads to the conclusion that there are significant differences in readiness for mediation among judges and entrepreneurs, with the level of readiness being significantly higher among judges. In the case of judges, differences in readiness for mediation are related only to gender and the size of the place of residence. In relation to entrepreneurs, readiness for mediation is statistically significantly related to education and work experience. The obtained results also confirm significant differences between judges and entrepreneurs as regards expected legislative changes. The differences between the surveyed professional groups mainly concern the legal regulations concerning the obligation to conduct mediation, the costs of mediation and the popularity of mediation among judges. Entrepreneurs, compared to judges, are in favour of more radical changes in all of the above-mentioned areas. [ABSTRACT FROM AUTHOR]

Family Mediation, as an Alternative Dispute Resolution (ADR) instrument, is recommended by international academics and experts as a crucial means for effective dispute resolution. Empirical studies have reported legal, financial, and co-parenting challenges, especially cross--border ones, considering migration challenges. A recent European Union study concluded that the Mediation Directive's aims were fulfilled only in countries that introduced mandatory mediation. In emerging and consolidating democracies - like those in the Western Balkans, where the judiciary is facing efficiency challenges - the use of ADR (including family mediation) is even more significant, reducing the case backlog in courts. Given the premises, this study aims to investigate the effectiveness of family mediation, specifically its applicability, effectiveness, quality, costs, and the opportunity to introduce its mandatory use in Albania. The methodology used in this paper is a mixed one, using qualitative and quantitative methods. For the empirical study, 50 Albanian experts (mediators, judges, academics) and persons involved in mediation are asked to complete a structured and specific survey form. The survey's structure is based on the Experiment Design Theory, and the technology used to collect and analyze the data is called Mind Genomics. It provides numerous results, allowing for a comprehensive analysis of the issue under investigation. This study provides a rare example of using quantitative research methods in the field of law. [ABSTRACT FROM AUTHOR]