Alternative Resolution Methods Research Articles

An Analysis of Judicial Intervention and Assistance for Arbitral Proceedings: A Look at the Courts of Ghana

Without the support of national courts, arbitral tribunals are unable to function properly, particularly in situations involving the enforcement of arbitration agreements, procedural orders, and arbitral awards, among other things. The arbitral tribunal cannot compel a party to carry out a task, or obligation, or fulfil an obligation. The court has the authority to order a party to carry out an order and can also impose harsh consequences for contempt of court, such as fines, imprisonment, or other punishments. Unless the issue(s) before the court are non-arbitrable pursuant to section 1 of the Alternative Disputes Resolution Act, 2010. The courts of Ghana have the capacity and jurisdiction to enforce applications by a party for arbitration. The New York Convention, which also grants national courts of contracting states authority to hear cases involving the enforcement of arbitration agreements, has been ratified and domesticated by Act 798 under the First Schedule. The paper argues that even though national courts are permitted by statutory laws and international conventions to assist in arbitral proceedings, courts must exercise some restraint and must not be in a hurry to inherit jurisdiction and interfere with disputes before arbitration, since arbitration proceedings are considered alternative methods of resolution of disputes to litigation, and unless expressly provided for and in obvious instances devoid of any controversy. A purported judicial assistance should not be used to whittle away the function of arbitral tribunals and render nugatory the benefits that are to be derived from these proceedings as it would defeat the concept of Alternative Dispute Resolution (ADR). The paper concludes by suggesting that unnecessary interventions by some national courts including Ghana appear to be interfering with party autonomy as well as the competence of the arbitral tribunal, hence, hindering the purpose for which the Alternative Dispute Resolution Act 2010 was enacted and other supporting legislations and conventions as an alternative to litigation which is non-voluntary, expensive, acrimonious and complicated.

학습자 참여중심 토의를 활용한 과학수업이 예비유아교사들의 과학교수효능감, 의사소통능력, 문제해결능력에 미치는 효과

Objectives The purpose of this study was to explore the effect of the learner participation-centered discussion class on the science teaching efficacy, communication capability, and problem solving ability of pre-service early childhood teachers. Methods The subjects of this study were 32 students enrolled in a four-year early childhood education program. The learner participation-centered discussion class were carried out through the science education class (45 hours) during the first semester in 2021. Data were collected from science teaching efficacy, communication capability, and problem solving ability rating scales. Results The results of quantitative analysis were as follows. First, the learner participation-centered discussion class brought statistically significant difference to pre-service early childhood teachers’ science teaching efficacy(both science teaching outcome expectancy and science teaching self-efficacy). Second, the learner participation-centered discussion class brought statistically significant difference to pre-service early childhood teachers’ communication capability(especially in message converting capability out of all sub-domains). Third, the learner participation-centered discussion class brought statistically significant difference to pre-service early childhood teachers’ problem solving ability(especially in the production of alternative resolution method, and the implement and confirmation of resolution method out of all sub-domains). Conclusions Therefore, the learner participation-centered discussion class is the meaningful teaching method to improve the science teaching professionality and problem solving ability of pre-service early childhood teachers.

Multiple criteria assessment of methods for forecasting building thermal energy demand

Nowadays worldwide directives have focused the attention on improving energy efficiency in the building sector. The research of models able to predict the energy consumption from the first design and energy planning phase is conducted to improve building sustainability. Use of traditional forecasting tools for building thermal energy demand tends to encounter difficulties relevant to the amount of data required, implementation of the models, computational costs and inability to generalize the output. Therefore, many studies focused on the research and development of alternative resolution methods, but the choice of the most convenient is not clear and simple. Single comparison of statistical quality indexes does not allow an adequate identification of the most efficient method, as the necessary efforts for implementation of the methods from the initial data collection to the use phase are not considered. In this work, the authors propose to apply, for the first time, the multicriteria assessment to determine the most efficient alternative method, used for forecasting of building thermal energy demand. Three alternative “black-box” methods, previously investigated by the authors, were compared by the multiple criteria Complex Proportional Assessment Method. Such a procedure revealed ranking of the methods in four phases, namely Pre-processing, Implementation, Post-processing and Use, as well as overall assessment and selection of the most efficient method in terms of evaluated criteria. This first application could represent an incentive for future multi-criteria analyses involving a growing number of alternative forecasting methods.

The prediction multi-phase, multi reactant equilibria by minimizing the Gibbs energy of the system: Review of available techniques and proposal of a new method based on a Monte Carlo technique

Since already a few decades, researchers developed tools to predict chemical reactions in the context of the chemical industry. Numerical tools are now available to predict final chemical equilibriums using the principle of minimizing the Gibbs free energy of the reactions. In this paper, after recalling some basis on thermochemical equilibria, a brief review of the most renown techniques available to find the minimum of the Gibbs energy is presented. From this, limitations are discussed. Mathematically, the equations are always strongly non-linear, and the standard step by step resolution techniques may fail to find the global minimum. When non-mixed phases are present (solids, for instance), the calculations often fail. An example is given with biphenyl-CO2 mixtures. Especially when many phases are postulated. An alternative resolution method is proposed based on a Monte Carlo method which does not require nor a linearization of the Gibbs equation neither a step by step resolution. The method can solve any multi-phase and any multi-reactant equilibrium but is much more computer resource demanding than the traditional methods. It was implemented in a home-made code (CIRCE) briefly described in Appendix A.

ALGUNAS CONSIDERACIONES SOBRE LA MEDIACIÓN Y ARBITRAJE

Se realizó una investigación descriptiva de tipo revisión bibliográfica con el objetivo de mostrar algunas consideraciones sobre la mediación y el arbitraje. Sobre esta base, la estrategia metodológica se sistematizó a través de métodos generales de investigación como el histórico-lógico, el hermenéutico, el análisis documental y el analítico–sintético. Además, del empleo de la técnica de análisis de contenido. En este sentido, se realizó una sistematización teórica relacionada con la temática. Lo anterior, permitió profundizar en algunos aspectos relacionados con la temática como son: los métodos alternos de resolución de confictos y controversia nacionales e internacionales avalados por la Constitución de la República y el sistema legislativo que norma el trámite y ejecución. Asimismo, detectar la existencia algunas insuficiencia como: inseguridad en la confidencialidad de la información al ser transferida por la vía telemática y existencia de convenios arbitrales, en los contratos comerciales, verdaderamente patológicos. No obstante, se puede aseverar que la temática constituye un aspecto importante en el mundo de los negocios.

EFFECTIVE SYSTEM OF COMMERCIAL DISPUTES RESOLUTION AS A PREREQUISITE OF ECONOMIC PROGRESS

Urgency of the research. The current state of the jus-tice system in Ukraine does not provide a quick and justified resolution of disputes that is particularly acute for business circles. Given the lack of qualitative changes in the area of justice in the course of ongoing reform of the judiciary and procedural legislation, the preservation of a critically low level of trust in the judiciary, the state should offer the soci-ery a new social contract on the procedure for resolving legal disputes in the state, which must necessarily include the institutionalization of alternative methods of resolution disputes, first of all, mediation. Target setting. The introduction of alternative meth-ods of dispute resolution should be based on an argumen-tated conceptual model that will ensure an effective and fair solution to legal disputes. Actual scientific researches and issues analysis. The scientific works of leading foreign and domestic re-searchers Yu. Prytyka, V. Reznikovf, Y. Demchenko, G. Braun, A. Marriot, R. Reuben are devoted to separate as-pects of the settlement of commercial disputes and the for-mation of a system of alternative dispute resolution. Uninvestigated parts of general matters defining. At present, there is no national concept for resolving commercial disputes, the place of alternative dispute resolu-tion, in particular mediation, in the legal system of Ukraine has not been formulated. The research objective. There is a need to formu-late a new concept of a dispute resolution system that would ensure that citizens and legal entities have a real choice of an effective and fair dispute resolution procedure. The statement of basic materials. The formation of the Ukrainian concept of the dispute settlement system must necessarily take into account the national socio-cultural and legal features. The necessity of institutionaliza-tion of mediation is proved by the adoption of the relevant law and the use of mediation procedures by public authori-ties in state-investor disputes and disputes with business entities. Conclusions. The introduction of alternative methods of resolving disputes in the legal system of Ukraine should ensure an effective and justified settlement of disputes and, as a consequence, create the preconditions for economic growth.

KAEDAH PENYELESAIAN PERTIKAIAN ALTERNATIF DARI SUDUT SYARIAH DI MALAYSIA <br> ALTERNATIVE DISPUTE RESOLUTION METHODS FROM THE SYARIAH PERSPECTIVE IN MALAYSIA

Family and marital disputes are commonly heard cases in our daily lives. The trial courts and the alternative resolution methods may be used for the parties involved in the disputes to settle their problems. This paper reviews the aspects of the legal provisions concerning the jurisdiction of courts (civil and Syariah) and also the alternative dispute resolution methods. Some of the proposed alternative methods are arbitration, mediation, and sulh. These alternative resolution methods may be used to avoid the tedious court processes and to reduce the cost of settling the disputes. The alternative methods are strongly encouraged in Islam and there are clear guidelines in Malaysia regarding the ways to employ the alternative methods. The use of the alternative methods is effective as reflected in the number of cases which have been succesfully solved using the methods. This paper concludes that Muslim community in Malaysia has the convincing options to resolve their family / marital disputes either in courts or through the alternative resolution methods. Keywords: Syariah Court, Alternative Dispute Resolution, Sulh Council, Arbitration, Mediation.Cite as: Dahlan, N.K., Palil, M.R., Abdul Hamid, M., & Yaakub, N.I. (2017). Kaedah penyelesaian pertikaian alternatif dari sudut syariah di Malaysia [Alternative dispute resolution methods from the syariah perspective in Malaysia]. Journal of Nusantara Studies, 2(1), 86-98.

방사능 오염으로 인한 유아 안전에 대한 유치원 교사의 인식

본 연구는 2011년 일본 후쿠시마 원자력 발전소 방사능 누출사고가 방사능 오염으로 인한 유아안전에 대한 유치원 교사의 인식에 미치는 영향을 분석하고, 유아안전 대책마련을 위한 기초자료를 제공하는 데 의의가 있다. 본 연구는 2013년 2월 C도의 공 사립유치원 교사 197명을 대상으로 설문지를 배부하여 회수된 134명의 자료를 분석하였다. 본 연구의 결과, 일본 원전사고는 방사능 오염으로 인한 유아안전에 대한 교사의 불안감에 영향을 미쳤으나, 방사능 오염으로 인한 유아안전에 대한 유치원 교사들의 안전지식과 대처방안은 낮은 것으로 나타났다. 결론적으로 방사능 오염으로부터 유아안전을 위한 하나의 방안으로 유아교사교육이 요구되며, 유아안전을 위한 대책 마련이 시급하다. The purpose of this study was to examine the impact of the Fukushima nuclear power plant accident of Japan in 2011 on kindergarten teachers' perception on young children's safety due to radioactive contamination. This study analysed the 134 questionnaire forms out of 197 kindergarten teachers in the region of Chungbuk. The findings of the study indicated that the Japanese unclear power plant accident exerted an influence on anxious of kindergarten teachers on young children's safety due to radioactive contamination. In conclusion, kindergarten teacher education are required to improve the safety knowledge of kindergarten teachers and alternative resolution method for young children's safety due to radioactive contamination.

Regio- and enantio-selective glycosylation of tetrahydroprotoberberines by Gliocladium deliquescens NRRL1086 resulting in unique alkaloidal glycosides

The microbial transformation of a series of tetrahydroprotoberberines (THPBs, 1-5) by Gliocladium deliquescens NRRL1086 was investigated. In this research, the novel glycosylation of tetrahydroberberrubine (1) was observed with fast rate and high regio- and enantio-selectivity. One pair of unique enantiomorphic alkaloidal glycosides T-1 and T-2 was isolated and their structures were elucidated unambiguously by HR-MS, CD, 1D and 2D NMR spectrum. It is interesting that different amounts of glucose in the potato broth medium could influence the ratio of T-1 and T-2; in the 1.5% glucose medium, the ratio was about 15:1 and the yield of the S-form product T-1 may reach the theoretical maximum yield of about 50% which could provide one practical method to prepare the enantiomerically pure product and one alternative resolution method of tetrahydroberberrubine. The preliminary enzymatic research by using sodium dodecyl sulfate (SDS) and imidazole as glycosyltransferase and glycosidase inhibitors revealed that glycosyltransferase may contribute to glycosylation process. This is the first successful approach to glycosylation of tetrahydroprotoberberines.

Acoustical resonances of solid elastic cylinders: Parametric study and introduction to the inverse problem

In underwater acoustics, target recognition is of major importance. In order to reach such a goal, one must solve the inverse problem to deduce from the received echoes the signature of the target. A rigorous method would require an inversion of the exact direct problem which is, at the present time, not feasible because of the complexity of the analytical expressions involved even for an isotropic, homogeneous, elastic cylinder. After trying different approximate alternative methods of resolution of such problems in this lab, a new method is presented in this paper. Its basis is a parametric study of resonance frequencies and widths, and some simple approximate expressions deduced from this work are used to solve the inverse problem. This study leads to a new classification of most resonances connected with the polarization of the corresponding waves. The frequencies of such resonances are given by very simple equations that can be very easily inverted. After carrying out this procedure, this model is applied to the characterization of the mechanical properties of a cylinder with a given radius a (longitudinal wave velocity cL, shear wave velocity cT, density ρ2 ). The first application concerns simulated resonance spectra and the second application concerns real experimental measurements. The results obtained are very satisfactory.