Commercial Decision Research Articles

Pricing and Replenishment Decision System Based on LSTM

Fresh supermarket vegetables have a very short shelf life, and the quality of vegetables will also be affected by the storage time. If most of the goods are not sold on that day, they will not be sold on the next day. From the demand side, the sales volume of vegetables is related to the supply side of vegetables from April to October. At the same time, the sales space of the supermarket is limited, which makes a reasonable sales portfolio extremely important. The commercial overpricing replenishment decision system based on LSTM analyzes the relationship between daily sales volume and cost-plus pricing for each vegetable category and single product over three years. It predicts the sales volume and wholesale price of each category for the next week, determining replenishment volume and pricing strategy based on forecasted sales volume and average loss rate. The system considers limited sales space and uses the entropy method to calculate weights for key indicators like total profit. It employs the TOPSIS method to sort items, considering forecasted wholesale prices, to select items for pricing decisions. The system aims to maximize total profit while ensuring the supermarket meets minimum display conditions. By assisting supermarkets in formulating more reasonable pricing strategies, it aims to reduce overstock, backlog, or stock shortages, ultimately improving sales volume and operational efficiency.

Recognizing and preventing unacknowledged prescribing errors associated with polypharmacy

BackgroundPrescribing errors put an enormous burden on health and the economy, claiming implementation of effective methods to prevent/reduce them. Polypharmacy regimens (five or more drugs) are highly prone to unacknowledged prescribing errors, since the complex network of drug-drug interactions, guidelines and contraindications is challenging to be adequately evaluated in the prescription phase, especially if different doctors are involved. Clinical decision support systems aimed at polypharmacy evaluation may be crucial to recognize and correct prescribing errors.MethodsA commercial clinical decision support system (Drug-PIN®) was applied to estimate the frequency of unrecognized prescribing errors in a group of 307 consecutive patients accessing the hospital pre-admission service of the Sant’Andrea Hospital of Rome, Italy, in the period April-June 2023. Drug-PIN® is a two-step system, first scoring the risk (low, moderate or high) associated with a certain therapy-patient pair, then allowing therapy optimization by medications exchanges. We defined prescribing errors as cases where therapy optimization could achieve consistent reduction of the Drug-PIN® calculated risk.ResultsPolypharmacy was present in 205 patients, and moderate to high risk for medication harm was predicted by Drug-PIN® in 91 patients (29.6%). In 58 of them (63.7%), Drug-PIN® guided optimization of the therapy could be achieved, with a statistically significant reduction of the calculated therapy-associated risk score. Patients whose therapy cannot be improved have a statistically significant higher number of used drugs. Considering the overall study population, the rate of avoidable prescribing errors was 18.89%.ConclusionsResults suggest that computer-aided evaluation of medication-associated harm could be a valuable and actionable tool to identify and prevent prescribing errors in polypharmacy. We conducted the study in a Hospital pre-admission setting, which is not representative of the general population but represents a hotspot to intercept fragile population, where a consistent fraction of potentially harmful polypharmacy regimens could be promptly identified and corrected by systematic use of adequate clinical decision support tools.

A Legal Consequences of the Passing Off Practice of the MS GLOW Brand by the PSTORE GLOW Brand

Intellectual Property Rights are essentially rights with special and special characteristics because these rights are granted by the State. A brand as an Intellectual Property Right is basically a sign to identify the origin of goods and services from a company with the goods and/or services of another company. One of the cases regarding Passing Off occurred in the Commercial Court Decision at the Medan District Court Number 2/Pdt.Sus-HKI/Merek/2022/PN Niaga Mdn. It started when Shandy Purnamasari filed a trademark cancellation lawsuit against PT PSTORE Glow Bersinar Indonesia. This lawsuit is based on the similarity of the brands "PSTORE GLOW" and "PSTORE GLOW FOR MEN" owned by Putra Siregar with the brands "MS GLOW/for pretty skincare & LOGO" and "MS GLOW FOR MEN" owned by Sandy Purnamasari. Shandy considers that PSTORE Glow Bersinar Indonesia has imitated his brand. The main problem in this research is what the legal consequences are for the practice of passing off the MS GLOW brand by the PSTORE GLOW brand. The research method used in this research is normative juridical with a case approach and a statutory approach. The research results show that as a legal consequence of the practice of passing off, the PSTORE Glow Brand and its derivatives can no longer be used, and the registration is considered invalid. Apart from the deletion of the PSTORE Glow brand, MS Glow can also file a criminal complaint in accordance with the provisions as intended in article 100 paragraph (1) and paragraph (2) of the Trademark and Geographical Indications Law and if PSTORE Glow is still selling its products after the decision to cancel the brand.

Modelling environmental life cycle performance of alternative marine power configurations with an integrated experimental assessment approach: A case study of an inland passenger barge

There is pressure on the global shipping industry to move towards greener propulsion and fuel technologies to reduce greenhouse gas emissions. Hydrogen and electricity are both recognised as pathways to achieve a net-zero. However, in the evaluation of the environmental performance of these alternative marine power configurations, conventional life cycle assessment (LCA) methods have limitations reflecting the varied nature of ship design and operational modes. The integration of LCA with experimental assessment could remedy the shortcoming of conventional approaches to data generation. The system energy demand data in this study was generated based on specific ship design and directly fed into life cycle assessment. To demonstrate the effectiveness and potential the approach was applied to a case study of inland waterway vessel. Suitable hybrid PV/electricity/diesel and hydrogen powered fuel cell systems for the case vessel were modelled; and hydrodynamic testing and dynamic system simulation was undertaken to provide ship performance data under various operational/environmental profiles. Lifecycle assessment (LCA) indicated hydrogen and electrical propulsion technologies have the potential for 85.7 % and 56.2 % emissions reduction against an MGO base case, respectively. The results highlight that implementation of both technologies is highly dependent on energy production pathways. Hydrogen systems reliant on fossil feedstocks risk an increase in emissions of up to 6.3 % against the MGO base case. Sensitivity analysis indicated an electrical system with electricity production from 79.5 % renewables could achieve savings of 82.2 % in GHG emissions compared to the MGO base case. Crucially, the results demonstrate a further development of the LCA approach which can enable a more accurate environmental performance evaluation of alternative marine power configurations considering specific ship design and operational characteristics. Ultimately this addition makes the results more meaningful for commercial operations and decision making in the selection of alternative marine power systems to support the transition to net-zero.

Ranking mineral exploration targets in support of commercial decision making: A key component for inclusion in an exploration information system

An exploration information system (EIS) is a way of creating, and managing exploration targets and should include the entire process from conceptual mineral system models to, modelling the mineral system using available data, to generation of targets or prospect areas. The main goal for any EIS is to help find new mineral deposits that are economic to mine and process at the financial conditions of the time. Prioritisation and management of exploration targets is a key to success in mineral exploration, particularly with the increasing use of mineral potential modelling techniques, including AI, which can generate a large number of targets in a study area for testing. In this paper, we present ideas for the components for an EIS designed to optimise the mineral exploration process and provide critical decision-making support. The Macquarie Arc porphyry copper-gold mineral system in New South Wales is used as an example to illustrate how such a system can be developed and implemented. Accepted mineral potential mapping workflows are used coupled with a targeting process that generates, attributes, and ranks prospect areas to produce exploration targets. The proposed front-end of the EIS is an Exploration Management Dashboard, which can be used by executives and managers to facilitate informed decision-making and optimal allocation of capital. We advocate for a standardised system capable of accommodating various commodities, input datasets, and diverse analytical techniques, including AI-driven methods and validation tools. Flexibility for user customisation, especially for non-technical users, and real-time data integration are seen as an essential part of any EIS. Furthermore, the system is designed to be dynamic, with continuous updates and improvements as new data are collected, ensuring that exploration is always focussed on the areas with the greatest potential prospectivity.

Legal Analysis of the Legal Consequences of Authentic Deeds Made by a Bankrupt Notary/PPAT (Land Deed Official)

This research aims to determine when a notary/PPAT (Land Deed Official) can be declared bankrupt, the legal consequences of authentic deeds made by a bankrupt notary/PPAT, and the legal protection of the parties to the deed made by a bankrupt notary/PPAT. This research is normative legal research which utilizes legislative approach and conceptual approach. The research findings indicate that a notary is declared bankrupt when determined by a commercial court decision. The legal consequences of authentic deeds made by a bankrupt notary/PPAT are that such deeds become private deeds, whereas deeds made before the declaration of bankruptcy remain authentic deeds. Legal protection for the parties to authentic deeds made by a bankrupt notary/PPAT is provided by the curator to clarify the rights held by creditors so that pre-creditors are aware of the rights that should be obtained by the debtor, namely the notary/PPAT itself.

KAJIAN HUKUM TERHADAP PENYELESAIAN SENGKETA MEREK PADA POLO BY RALP LAUREN (Studi putusan No 83/Pdt.Sus-HKI/Merek2022/PN Niaga Jkt.Pst)

Settlement of disputes over the Polo by Ralph Laurem brand according to the commercial court decision no 83/pdt.sus- HKI/Merek2022//PN NiagaJkt.Pst. In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren brand under list number 173934. Based on the decision it was proven that the defendant knew that the plaintiff was the owner of the trademark rights but the defendant ignored this fact and filed an application for brands in bad faith, namely by imitating the Plaintiff's Polo by Ralph Lauren brand. That based on the facts in the decision the defendant did not know. This type of research is normative juridical using secondary data as the main research data. The data were obtained from the Law on Trademarks and the decision of the Central Jakarta Commercial Court regarding the brand restriction and supplemented with secondary data in the form of books and articles with similar discussions. The data were collected using library techniques by reviewing the findings, analyzing and interpreting them based on the prepared theory. Data processing is done in a deductive way through propositions and theories that are general in nature led to specific facts so that they become a description that can be more easily understood. Court decision No 83/pdt.sus-HKI/Merek2022//PN NiagaJkt.Pst.. Established that the Central Jakarta Commercial Court In this decision, the panel of judges stated that the plaintiff was the holder of the Polo by Ralph Lauren trademark under register number 173934.
 Keywords : tradermark, Court decision, Polo by Ralp Lauren

The Authority of the Commercial Court in Bankruptcy Disputes

<p><em>The purpose of this study is to find out and understand the authority of the commercial court based on the application of Law Number 37 of 2004 in resolving bankruptcy disputes. This study uses descriptive analysis research techniques supported by a normative juridical approach. The results of the study show that legal considerations in a decision must be juridical and become the basis of a decision. Court decisions must contain certain articles of the relevant regulations and unwritten legal sources that are used as the basis for adjudicating, therefore the Commercial Court Decision at the Central Jakarta District Court Number 04/Pdt.Sus-Pailit/2016/PN.Niaga.Jkt. Pst is in accordance with Law Number 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations.</em></p>

Decisions of international commercial arbitration as an object of review by a court of civil jurisdiction

The article is devoted to the analysis of the content and features of the international commercial arbitration decision. Attention is focused on the specified procedural document as the object of review by the judicial authority. At the same time, the relevance of the chosen topic for coverage in the scientific article is determined based on the data of judicial statistics and the importance of acquiring the finality by the decisions of the international commercial arbitration. From this point of view, the author analyzes the procedure of acquiring legal force and finality both of the decisions of the international commercial arbitration and of the judicial act of the appellate instance, which is adopted based on the results of the review of the arbitration decision.
 Given the properties of the court decision, the work draws attention to the enforceability of the international commercial arbitration decision and other signs, the presence of which indicates the legal force and binding nature of the specified procedural document. In addition, a question is raised about the possibility of supplementing the objects of review by a court of civil jurisdiction of additional procedural documents of international commercial arbitration. In connection with this, the subject of consideration in the work is the types of decisions of international commercial arbitration and the requirements that such acts must meet. The review of the decisions of the specified arbitration by the court of appeal of civil jurisdiction is differentiated from the activity of the latter to review the decisions of the local court in the appellate procedure according to the rules of the Civil Procedure Code of Ukraine. Attention is drawn to the complete lack of level arrangement when applying to a judicial authority with a appeal to cancel an international commercial arbitration decision.
 The conclusions note the need to improve the civil procedural legislation and international commercial arbitration in relation to the optimization of the objects of review of acts of the specified body. Along with this, the author does not support the proposal expressed in the scientific literature regarding the change of court jurisdiction for reviewing the decision of international commercial arbitration.

Review of the Judges' Consideration of Trademark Conflict Between PS Glow and MS Glow

This article is motivated by differences in the decision of the judge at the Medan Commercial Court and the decision of the Surabaya Commercial Court regarding the trademark dispute between MS Glow and PS Glow. MS Glow considers that the PS Glow brand is similar to MS Glow, which was first present in the skincare world. That is why MS Glow sued PS Glow at the Medan Commercial Court. As a result, the Medan Commercial Court granted MS Glow's lawsuit and cancelled the PS Glow brand in the name of Putra Siregar as a defendant. Then, unsatisfied with the decision, PS Glow submitted the same case to the Surabaya Commercial Court. The results of the Surabaya Commercial Court's decision stated that MS Glow was essentially the same as PS Glow. From the case above, there are 2 (two) different court decisions resulting from the same issue, namely the Medan Commercial Court, which stated that MS Glow won over PS Glow and the Surabaya Commercial Court, which stated the opposite. Even though the legal basis used is the same, namely Law number 20 of 2016 concerning Trademarks and Geographical Indications, the problem that will be analyzed in this research is how the judge considered the two cases and whether the two decisions were by the principle of bis in idem. This research uses normative legal research with a case approach and an approach to statutory regulations and court decisions. This research results in the two decisions using regulations regarding geographical indications and trademarks. The weakness of this law is that there needs to be an explanation of the similarity criteria. There are no definite parameters to assess whether a trademark is similar to other previously registered trademarks. Then, the Surabaya Commercial Court's decision does not fulfil 1 (one) requirement for a case to occur in civil law or is not by the principle of ne bis in idem.

JURIDICAL REVIEW OF BANKRUPTCY CONDITIONS AND DELAY OF DEBT REPAYMENT OBLIGATIONS

Bankruptcy results in a general confiscation of all assets of the bankrupt debtor (budel bankrulit). An important phase in the bankruptcy process is the insolvency stage. Based on the explanation of Article 57 paragraph 1 of the Bankruptcy Law and PKPU, what is meant by insolvency is the state of inability to pay, this is in line with the Central Jakarta Commercial Court Decision Number: 44 / PDT. SUS. PAILIT/20 20/PN. TRADE. JKT. PST. That PT. Pazia Retailindo was declared bankrupt. Application for bankruptcy filed by PT. Dana Kaya through its Directors, namely Sri Dewi Endang Mumpuni and Ambar Bawono on October 20, 2020, was represented by the appointed legal representative, namely PARLIN SIHOMBING, S.E., S.IP., S.H. Advocate at the Law Firm BELASSANDRO TORUAN &; PARTNERS. The problem raised in this study is the condition of Insolvency of PT. Pazia Retailindo before the bankruptcy decision , and what underlies the judge's consideration in the bankruptcy decision Number: 44 / Pdt.Sus.Pailit / 20 20 / Pn.Niaga.Jkt.Pst which refers to Law Number 37 of 2004. This research uses a Normative Juridical approach. The result of this study is that the legal considerations used by the panel of judges in deciding the bankruptcy case of PT. Pazia Retailindo complies with Law Number 37 of 2004 concerning Bankruptcy and PKPU, namely the fulfillment of all elements contained in Article 2 Paragraph 1 and Article 8 Paragraph 4 of the Bankruptcy Law and PKPU.

Status of Dispute Resolution of Village Head Decision Based on Commercial Administrative Decision Law

In the scope of the smallest area, the village is led by a village head. Of course, the village head also has the authority to provide policies in the form of decisions on several things that occur within his coverage area. This type of research is normative legal research with a statutory approach and a conceptual approach. From this research, it can be concluded that the village head is not a state agency/official, even though the village is given authority by law that the village head as the village leader is given free authority. In the event that the village head's regulation that results in a decision is considered contrary to the public interest or contrary to other laws and regulations above it, then it can be canceled by the Regent / mayor instead of being carried out by the village head, so the village head's decision cannot be said to be KTUN.

Analysis of The Commercial Court’s Decision on The Postponement of Debt Payment Obligations to Life Insurance Companies Without The Approval of The Financial Service Authority

The Financial Services Authority (hereinafter referred to as "OJK") is an institution that has the authority to attribution has been established and appointed by the government to carry out regulatory and supervisory functions for Financial Service Institutions, one of which is in the case of requests for Suspension of Debt Payment Obligations (hereinafter referred to as "PKPU") at life insurance companies. This research was motivated by the issuance of a PKPU ruling against PT. Kresna Life Insurance (hereinafter referred to as "PT. AJK) by the Commercial Court based on the application of Lukman Wibowo as one of PT AJK's customers and creditors. The problem that arises is that OJK as an institution that has the authority does not respond to the application submitted by the customer in question within the period prescribed by law. This study examines and analyzes the Commercial Court Decision against PKPU at PT. AJK (Case Study Number 389/Pdt.Sus PKPU/2020/PN Niaga Jkt.Pst). The research method used in this study is normative or doctrinal legal research. The results of the study found that the PKPU was not in accordance with applicable laws in Indonesia, because legally the authority to apply for PKPU is absolutely in the hands of the OJK.

Field evaluation of a commercial variable-rate irrigation decision support system – a study for maize and sweet corn

ABSTRACT The agricultural sector is facing a pressing need to adopt variable-rate irrigation decision support systems (VRI–DSS) to address global challenges such as water quality, water scarcity, food security, and climate change. This study evaluated a model-based VRI–DSS for maize and sweetcorn crops in a commercial field with two soil zones and a VRI center pivot. The evaluation involved assessing the farmer’s use of the system and comparing the VRI–DSS outputs using default parameters (e.g. virtual climate data) with outputs using local data. The results showed good agreement between the virtual and local climate data (R2 = 0.94, RMSE = 0.51 °C for air temperature; R2 = 0.79, RMSE = 0.53 mm/day for evapotranspiration), except for rainfall, which was overestimated by 12% by the VRI–DSS. The soil water deficit estimates from the local data also matched well with the neutron probe measurements. The farmer applied less irrigation due to water restrictions, but water use efficiency varied between soil zones for sweetcorn. The evaluation showed that VRI–DSS, with accurate climate data, is a useful tool for estimating variable-irrigation requirements for maize and sweetcorn under one system. However, more field data and local rainfall data are required to validate the decision software system.

Bad Faith as a Reason for Cancellation of Trademarks Registered More Than Five Years According to Law Number 20 of 2016

According to Article 77 paragraph (2) of Law Number 20 of 2016 concerning Trademarks and Geographical Indications (UU MIG), a trademark cancellation lawsuit must be filed within five years from the date of trademark registration. Recently, a notable case involving the Cheong Kwan Jang trademark saw conflicting decisions from the Central Jakarta Commercial Court and the Supreme Court. Initially, the Central Jakarta Commercial Court rejected the application for cancellation of the Cheong Kwan Jang trademark filed by Korean Ginseng Corp. The court's reasoning was based on the inability of Korean Ginseng Corp. However, the Supreme Court, in its Decision Number 345 K/Pdt.Sus-HKI/2021, took a different stance and granted the request for cancellation of the mark that had been registered by PT. Mitra Sentosa International for more than five years. The basis for this decision was that the registration of the mark was deemed to have been done in bad faith, as outlined in Article 20 paragraph (3) of the MIG Law. Therefore, according to Article 77 paragraph (2) of the MIG Law, the brand could be canceled indefinitely, even though the five-year limit had passed. This study employs normative legal research, analyzing secondary data such as the Commercial Court Decision Number 15/Pdt.Sus/Merek/2020/PN.Niaga.Jkt.Pst and Supreme Court Decision Number 345 K/Pdt.Sus-HKI/2021, alongside relevant laws and regulations. The aim is to understand the reasons for the Commercial Court's rejection and whether the Supreme Court's decision aligns with the provisions of Article 77 of Law No. 20 of 2016.

PERDAMAIAN YANG TERCAPAI DALAM KEPAILITAN YANG BERASAL DARI PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG (PKPU) (Studi Putusan No. 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby)

Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) only prohibits debtors from submitting a reconciliation plan if declared bankrupt based on Article 285, Article 286 and Article 292. This research seeks to answer legal issues regarding the legal position of debtors and creditors in bankruptcy after the plan has been rejected. peace in the PKPU process. To answer the research problem, this study uses a type of normative legal research with a statutory approach, a conceptual approach, and a case approach in the form of a Surabaya Commercial Court decision which has permanent legal force. The data used are secondary data in the form of primary, secondary and tertiary materials, obtained through library research or document studies. The results of this study indicate that debtors and creditors can still reach peace even though the Commercial Court has declared the debtor in a state of bankruptcy originating from PKPU. The legal considerations of the panel of judges in ratifying the reconciliation of PT Anugrah Kembang Sawit Sejahtera in bankruptcy originating from PKPU as stated in Decision No. 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby at the Commercial Court at the Surabaya District Court is the result of voting for a bankruptcy debtor's settlement proposal that has been approved by the creditor in accordance with the provisions of Article 151 of the Bankruptcy Law and PKPU which is then set forth in a peace agreement. In addition, the Court did not find any reasons for refusing to ratify the settlement in accordance with Article 159 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, the court is obliged to give a decision regarding the ratification of the settlement.

Exploring the Effects of Social Media Influencer on Consumers Hotel Decision in China

Accompany with fast-pace development of technology, people start to use social media for travel information, while companies also invest at social media influencer advertisement for better revenu. As the number of media user search tourism content on social media platform consisten increase, influencer advertisement market effects of consumer behaviour is inevitable, however, most of previously research are only focus on general effects, the specific aspect research like effects on hotel is rare been done. Because the research topic is rare been research, this essay use qualitative method, obsevation and focus group as research method. The focus group result naturally points out that social media influencer did affect consumers hotel preference, but it did not create new general factor that vital for judge hotel experience and hotel selection, most of the media user only take influencer generated tourism content as one of the reference source, they will make independent decision after crtical compare between different resource. Furthermore, there are two suggestion of commercial decision and consumer decision at the end of the essay, which suggest hotel focus on quality control first, then invest at truthful advertisement, and consumer need to develop ability of indentify fake or exaggerate social media influencer tourism content.

Menyoal Legal Standing Permohonan Penundaan Kewajiban Pembayaran Utang oleh Pemegang Polis Asuransi

In Indonesia, the postponement of debt payment obligations (PKPU) is a certain period of time granted by law through a commercial court decision. It gives both parties opportunity to deliberate on ways of paying their debts by providing a payment plan for all or part of the debt, including to restructure the debt. The purposes of this study is to find out the arrangement of pospotnment of debt payment obligations in Indonesia and the legal standing of a policy holder in applying suspension of debt payment obligations. This study is a normative research type and use Statute Approach, Conseptual Approach, and Case Approach. In collecting the data, examining the regulation of insurance company bankruptcy according to positive law and the legal standing of insurance customers as creditors to carry out company’s bankruptcy is done by the researcher. The results show that the regulations that apply both in law and insurance Law Number 40 of 2014, OJK Law, Law Number 37 of 2004 concerning Bankruptcy and Delays Debt Payment Obligations, and regulations related to the topic of scrutiny can be applied properly. Based on this study, it is expected that rules that have been set can be expressly and clearly used as a basis in submitting applications and handling cases of PKPU. It is also hoped that the Panel of Judges can consider the legal position of the party submitting for the applications.

PENDEKATAN HAK ASASI MANUSIA DEBITOR DAN KREDITOR DALAM PENGUJIAN UNDANG-UNDANG KEPALITIAN DAN PENUNDAAN KEWAJIBAN MEMBAYAR UTANG DIMASA MENDATANG


 
 The Human Rights Approach of Debtors and Creditors in Testing Bankruptcy Laws and Postponing Bankruptcy Obligations to Pay Debts in the Future is discussed in this study, Along with how Indonesia's legal system's state or evolution with regard to bankruptcy law and the suspension of debt payment responsibilities. Indonesia. In this study, a normative research methodology is used to investigate problems with the law and pertinent literature. According to the study's findings, the Bankruptcy Law and Postponement of Obligation to Pay Future Debt regulates the human rights approach between debtors and creditors when it comes to testing the law. Law Number 37 of 2004 Concerning Bankruptcy and Postponement of Debt Payment Obligations is the name of this regulation. By filing for bankruptcy or requesting a suspension of their debt payment responsibilities, debtors can reach an agreement with their creditors regarding the repayment of their debts. A delay in payment of debt is a time period allotted by law in line with a Commercial Judge's Decision, during which the creditor and debtor can discuss how to pay their debts by drafting a payment plan for all or any of those debts, including by restructuring the debt. Either the debtor or the creditor may ask for a suspension of the debt payment obligations.

Enforcement of Annulled Awards of International Commercial Arbitration: Assessment from the Point of View of General Principles of Law

An international commercial arbitration decision annulled by a state court at the place of its issuance in one state is often enforced in another state. An arbitrary interpretation of article 5 of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 allows for the enforcement of cancelled decisions. When interpreting this rule, State courts do not take into account the purpose of this Convention. The purpose of this study is to interpret the provisions of the 1958 New York Convention regarding the recognition and enforcement of foreign arbitral awards annulled at the place of their rendering. By means of analysis, synthesis, induction, deduction, generalization as well as by means of formallogical and formal-legal methods, the evaluation of the enforcement of annulled arbitral awards from the point of view of general principles of law was conducted. The author determined that the recognition and enforcement of foreign arbitral awards annulled by the state court at the place of their issuance violates the principles of legal certainty, lis pendens, res judicata, and also leads to negative consequences for the participants in the arbitration proceedings. Based on the provisions of the New York Convention, it has been revealed that the arbitration award and the acts adopted in relation to the annulled arbitration award form an interconnected structure. The elements of this structure are defined. It is proved that the execution of cancelled arbitral awards contradicts the logic laid down by the New York Convention. It is proposed to eliminate the ambiguous interpretation of the provisions of the Convention on the Enforcement of Foreign Arbitral Awards Annulled at the place of their issuance by establishing at the international legal level a clear provision on the impossibility of enforcement of annulled arbitral awards.