The English Approach to Competence-Competence
In: Pepperdine Dispute Resolution Law Journal, Band 13, Heft 3
In: Pepperdine Dispute Resolution Law Journal, Band 13, Heft 3
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In: Yearbook of European law, Band 23, Heft 1, S. 1-55
ISSN: 2045-0044
In: Chapter 8, International Arbitration and International Commercial Law: Synergy, Convergence and Evolution, 2011
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The concepts of separability and competence-competence, which promote arbitral autonomy, exist in many jurisdictions. This article surveys the extent of their acceptance in Singapore's domestic and international arbitration law, and suggests that legislative refinements are necessary to remove doubts and resolve conflicts between the law and the SIAC [Singapore International Arbitration Centre] Rules.
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In: Contemporary Italian politics, Band 13, Heft 2, S. 196-209
ISSN: 2324-8831
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Purpose – the purpose of this paper is two - fold: first, to analyse the application of the c ompetence - competence principle in three jurisdictions (France, Sweden and England) and, second, to evaluate the application of the competence - competence principle in these jurisdictions vis - à - vis the aim to balance the need to give effect to arbitration ag reement and legitimacy of arbitration proceedings. Design/methodology/approach – comparative and systematic analysis as well as linguistic and teleological methods were used in this research. Finding – the principle of competence - competence is defined a s the cornerstone of commercial arbitration, however, its application varies substantially depending on the jurisdiction. Comparative analysis shows that the extreme applications of a negative effect of the competence - competence principle do not balance, b ut rather favour either giving an effect to an arbitration agreement or to the legitimacy of arbitral proceedings, and these approaches have considerable downsides. The intermediate approach, which attempts to balance these two objectives depending on a nu mber of particular circumstances, appears to be the most preferred one. For that purpose, legislators, while balancing the effect of the negative competence - competence effect, use a number of useful tools, such as: (i) court's prima facie review of arbitra l jurisdiction (ii) different standards of review depending on the nature of challenge (e.g. whether the existence or only the scope of the arbitration agreement is challenged); (iii) different standard of review depending on whether arbitral proceedings h ave been commenced or not.
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Purpose – the purpose of this paper is two - fold: first, to analyse the application of the c ompetence - competence principle in three jurisdictions (France, Sweden and England) and, second, to evaluate the application of the competence - competence principle in these jurisdictions vis - à - vis the aim to balance the need to give effect to arbitration ag reement and legitimacy of arbitration proceedings. Design/methodology/approach – comparative and systematic analysis as well as linguistic and teleological methods were used in this research. Finding – the principle of competence - competence is defined a s the cornerstone of commercial arbitration, however, its application varies substantially depending on the jurisdiction. Comparative analysis shows that the extreme applications of a negative effect of the competence - competence principle do not balance, b ut rather favour either giving an effect to an arbitration agreement or to the legitimacy of arbitral proceedings, and these approaches have considerable downsides. The intermediate approach, which attempts to balance these two objectives depending on a nu mber of particular circumstances, appears to be the most preferred one. For that purpose, legislators, while balancing the effect of the negative competence - competence effect, use a number of useful tools, such as: (i) court's prima facie review of arbitra l jurisdiction (ii) different standards of review depending on the nature of challenge (e.g. whether the existence or only the scope of the arbitration agreement is challenged); (iii) different standard of review depending on whether arbitral proceedings h ave been commenced or not.
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In: Handbooks of communication science Volume 22
Competence in communicating is vital to health, relationships, and all collective human endeavors. This volume brings together international scholars to examine the various facets of communication competence, including its history as an organizing concept, its essential components, and its application in interpersonal, group, institutional, and societal contexts. Annegret F. Hannawa,University of Lugano, Switzerland; Brian H. Spitzberg, San Diego State University, USA.
In a multicultural environment, having intercultural competences is the most important determining factor between success and failure. This concise book introduces the topic for students and scholars. Building upon an accessible understanding of cultural differences, the author provides various models for understanding and framing culture. Theory is linked to practice by examining how to deal with intercultural conflicts via practical examples and advice. Students striving to perform well in intercultural environments, will benefit from reading this book which helps them convert models and cultural knowledge into practical skills.
In: Virginia Public Law and Legal Theory Research Paper No. 2018-40
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In: Clinical medical ethics
1. Competence in the Health Care Setting -- 2. Ethical Foundations of Competence to Consent -- 3. Current Confusion Surrounding the Concept of Competence -- 4. Defining the Structure of Competence to Consent -- 5. The Capacities that Define Competence to Consent -- 6. Implications and Anticipated Criticisms
In: International journal of sustainability in higher education, Band 17, Heft 6, S. 776-795
ISSN: 1758-6739
Purpose
The purpose of this paper is to explore how competences for sustainable development and research interrelate within a context of competence-based higher education. Specific focus is oriented towards strengthening research competences for sustainability.
Design/methodology/approach
Following a hermeneutic–interpretive methodology, this paper builds upon a critical literature review to demarcate the theoretical framework and an in-depth analysis of a case study exploring the interrelations between both types of competences.
Findings
The paper discusses current issues in the integration of competences and explores the contribution of research-based methods to acquire competences for sustainable development. The analysis shows that research skills are often mentioned to contribute to this acquisition, though from a general perspective, or from the sidelines of the learning process. A holistic view on how both concepts are linked is missing.
Research limitations/implications
First, the complex nature of competences and their integration in higher education could lead to difficulties in interpreting and analysing them. Second, the analysis is based on a single-case study, limiting possibilities to generalise the results. Third, this study is not looking at curriculum practices in these fields.
Practical implications
There is a need to holistically (re-)frame research competences within the concepts of education for sustainable development and, to a wider extent, sustainable development.
Social implications
Framing research competences within the concept of sustainable development enables a thorough and "conscious", rather than coincidental, acquisition of competences for sustainable development.
Originality/value
The originality of this paper lies in the fact that there is little literature about the interrelations between competences for sustainable development and research competences.
In: Series in political psychology
Research shows that most citizens are shockingly uninformed about public affairs, liberal-conservative ideologies, and the issues of the day. This has led most scholars to condemn typical American voters as politically brainless and to conclude that policy voting lies beyond their reach. 'On Voter Competence' breaks sharply from this view. According to Paul Goren, people vote based on abstract policy principles, a practice that has escaped scholars because they have searched for evidence of policy voting in the wrong places