Suchergebnisse

Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract contains a broad arbitration agreement, policy favoring arbitration overrides the domestic public policy against arbitration of antitrust claims. The majority stated that an arbitration clause need not specifically mention a given statute in order to require the arbitration of claims arising under the statute. This Note will first discuss the background of antitrust claims in the international context, including the statuatory provisions and treaties involved in such disputes. Second, it will analyze the procedural history of the Mitsubishi case. The Note will then analyze the Supreme Court's decision in light of the legislative intent underlying the statutes involved, previous judicial authority, and alternative public policy concerns. The Note concludes that the Supreme Court failed to properly evaluate the countervailing public interest in the nonarbitration of antitrust claims by holding the Mitsubishi-Soler agreement enforceable.

Plaintiff Sheets sought sanctions under Rule 11 of the Federal Rules of Civil Procedure against defendants, the Yamaha Motor Co. Ltd. (Yamaha Japan) and its wholly owned American subsidiary, Yamaha Motors Corp., U.S.A. (Yamaha U.S.A.), for misconduct in discovery and frivolous insistence that service on the foreign parent be made in conformity with the Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, better known as the Hague Service Convention. Plaintiff had effected service under the Louisiana long-arm statute, which permitted service on the subsidiary as involuntary agent for the defendant parent company in an action arising out of business transacted or tortious conduct occurring in the state. The U.S. District Court for the Eastern District of Louisiana initially awarded $25,000 in sanctions to the plaintiff. On appeal, the U.S. Court of Appeals for the Fifth Circuit remanded the decision for further findings by the district court on the grounds for imposing sanctions. The district court held (per Schwartz, J.): in light of the decision of the Supreme Court in Volkswagenwerk Aktiengesellschaft v. Schlunk, involving a state service statute virtually identical to that of Louisiana, the defendants' failure to waive service under the Hague Convention needlessly increased the cost of litigation and was properly the subject of Rule 11 sanctions.

We study the Compton disintegration of positronium in comparison with the same of hydrogen. The initial photon energy of a few keV allows one to apply the non-relativistic approach and use A2 approximation. Interesting features in the behavior of various differential cross sections are observed. In particular, the conditions were found, under which the electron and positron move parallel to each other with equal velocities. This leads to a number of specific Coulomb resonances

A development and construction of comparatively cheap and compact (several meters scale) X-ray sources is
possible with the help of inverse Compton backscattering of laser photons on an electron bunch. Such sources
can be used in the field of materials science (new materials, diagnostics of nanostructures at the atomic level),
research of nano- and biosystems, medicine and pharmacology (new drugs R&D), physics and chemistry of
fast-flowing processes (burning, explosion). It is suggested that compact storage synchrotron will operate with
normal conducting S-band top-up linac. Linac will provides bunches with tunable energy in the range of 20–
60 MeV to generate the photon flux with tunable energy [1, 2]. The use of a storage ring provides the following
advantages: comparatively high average intensity of the generated photon flux, high brightness, photon beam
energy tuning in a wide range, high degree of monochromaticity and coherence of the generated photons. There
are current results of the design of a compact storage ring for generating the photons in the energy range of
5-45 keV and investigations of the development of relativistic picosecond electron beam dynamics instabilities in
the report.

In Google v. Equustek, the Supreme Court of Canada ordered Google to delist all websites used by Datalink, a company that stole trade secrets from Equustek, a Canada-based information technology company. Google had agreed to do so in part, but with respect to searches that originated from google.ca only, the default browser for those in Canada. Equustek however, argued the takedowns needed to be global in order to be effective. It thus sought an injunction ordering Google to delist the allegedly infringing websites from all of Google's search engines—whether accessed from google.ca, google.com, or any other entry point. Google objected. The Canadian Supreme Court, along with the two lower Canadian courts that considered the issue, sided with Equustek (para. 54). The ruling sets up a potential showdown between Canadian and U.S. law and raises critically important questions about the appropriate geographic and substantive scope of takedown orders, the future of free speech online, and the role of intermediaries such as Google in preventing economic and other harms.

This article analyzes a series of litigations that began with the Aguinda v.
Texaco Inc. case as a site of production of new legal subjectivities for
indigenous communities in the region of the Ecuadorian Amazon polluted by
oil extraction activities. They engage in the transnational and local legal
structures, contribute to and generate legal and scientific knowledge and
expertise, and articulate multiple legal subjectivities that position them not only
as homogenous plaintiffs in a highly publicized lawsuit, but also as legal actors
in complex relation to each other, and to the state. Through such engagements
with this legal process, indigenous actors are recrafting their collective
representations in ways that challenge the 'ecoprimitive' stereotypes of
indigeneity, historically associated with the 'paradox of primitivism.'

Treaties — Special kinds of — Most-favoured-nation clause — Aliens — Discrimination as to workmen's compensation benefits — Under treaty — The law of the United States of America.Aliens — Position of — Treatment by and responsibilities of receiving State — Under treaty — Alien employee — Discrimination as to workmen's compensation benefits — Treaty governing right of alien to inherit — Most-favoured-nation clause — The law of the United States of America.