Conservatory Measures Research Articles

Relato de caso: erupções pustulosas na doença mieloproliferativa do neonato com síndrome de Down

Neonates with Down Syndrome (DS) have a greater predisposition to Transient Myeloproliferative Disorder (TMD), a hematologic disorder with transient proliferation of immature cells in peripheral blood and bone marrow. Some neonates with TMD present with skin manifestations characterized by diffuse erythematous papules, with crusts, vesicles and pustules, usually with early and prominent facial involvement. Despite the spontaneous remission of TMD over several months, some cases may need support care and, occasionally, chemotherapy. It is described the case of a newborn with Down Syndrome phenotype, male, that manifested such characteristics in the fifth day of life, and the instituted propaedeutics in a Neonatal Intensive Care Unit. The diagnosis is both clinical and laboratorial, and therefore was based in typical features. The used treatment involved conservatory measures of skin and mucosal care, avoiding trauma. It was observed an improvement of all lesions within one month of life. As a result, it is demonstrated the importance of differential diagnosis given the need for regular clinical follow up and eventually chemotherapy.

Procedural Considerations In Cietac Arbitrations Seated In Vienna

This article analyses some of the most important legal implications of international arbitrations seated in Vienna and administered by the newly established European Arbitration Centre of the China International Economic and Trade Arbitration Commission (CIETAC). First, the article focuses on consolidations, joinders and multiple contracts, particularly in the context of supply chains involving multiple parties. The article demonstrates that the CIETAC Rules offer a more effective approach for consolidations, and the Vienna Rules vest the arbitral tribunal with a broader discretionary power for granting a joinder. Second, the article addresses arbitration agreements involving a consumer. If the seat of an arbitration is in Austria, strict legal requirements have to be fulfilled regarding the conclusion of arbitration agreements with consumers. Third, the article covers interim and conservatory measures by comparing the CIETAC Rules with the Vienna Rules and introduces possible solutions for the CIETAC European Arbitration Centre to submit an application for interim or conservative measures to the competent Chinese courts. Fourth, the article discusses the requirement of foreign (non-Chinese) elements in contracts to be able to select non-Chinese arbitration institutions and non- Chinese substantive law. Are foreign funded enterprises (seated in Mainland China) allowed to agree on a Vienna-seated arbitration administered by the CIETAC European Arbitration Centre? consolidations, joinders, supply chains, CIETAC European Arbitration Centre, interim measures in China, foreign-related arbitrations, arbitration agreementswith consumers, CIETAC arbitrations seated in Vienna.

Judicial intervention in granting interim measures in international arbitration

AbstractArbitration as a dispute settlement mechanism is gaining popularity due to various factors such as its consensual nature and flexibility as compared to court proceedings. Independency of arbitration as an adjudication mechanism has enhanced and distanced it from the involvement of national courts. However, there may be times when parties may seek intervention of courts to secure interim or conservatory measures till final award in rendered. This article discusses whether an emergency arbitrator is a proper arbitrator who renders enforceable decisions and whether the provisional measures so granted should be construed as final award or not.

S3593 Superior Mesenteric Artery Syndrome: A Rare Cause of Gastrointestinal Obstruction

INTRODUCTION: Superior mesenteric artery syndrome is an uncommon cause of proximal intestinal obstruction that occurs when the abdominal aorta and the superior mesenteric artery compress the distal part of the duodenum. It has been referred to by a variety of other names, including Cast Syndrome, Wilkie’s syndrome and duodenal vascular compression. Here we present the case of a 29-year-old female who was diagnosed with superior mesenteric artery syndrome refractory to conservative treatment. CASE DESCRIPTION/METHODS: The patient is a 29-year-old female with a medical history of generalized anxiety disorder and major depressive disorder who presented to the emergency department (ED) complaining of abdominal pain, nausea, and vomiting for 2 months. Abdominal pain was described as intermittent, sharp, located in the epigastric area, associated with nausea, non-bilious, non-bloody vomiting, bloating, and unintentional weight loss. On physical exam, the patient looked cachectic, with a tender abdomen. Initial workup was remarkable for hypokalemia and hypochloremia. Notable imaging included an abdominal X-ray showing a fluid-filled dilated stomach compatible with gastric outlet obstruction. A computed tomography (CT) scan of the abdomen and pelvis showed marked gastric dilatation with lesser dilatation of the first and second portion of the duodenum with narrowing or compression at the third and fourth portion and proximal jejunum. Additionally there was a decreased aorta mesenteric distance and angle, most likely compatible with a superior mesenteric artery (SMA) syndrome (Figure 1,2,3). The patient subsequently underwent esophagogastroduodenoscopy (EGD) that revealed copious amounts of retained bilious liquid and food material in the proximal stomach with no evidence of gastric outlet obstruction. There were no gross endoluminal lesions in the duodenum, but the sweep could not be traversed due to extrinsic compression likely secondary to SMA syndrome. The patient received adequate intravenous hydration and nasogastric tube (NGT) decompression with improvement of symptoms. After improvement of symptoms the patient left the hospital against medical advice and refused further evaluation. DISCUSSION: Superior mesenteric artery syndrome, although rare, should be considered as one of the differential diagnoses in the presence of partial or complete gastrointestinal obstruction. This can be successfully managed with conservatory measures, thus avoiding surgery which is reserved for refractory cases.Figure 1.: CT scan of the abdomen showing marked gastric dilation (blue arrows).Figure 2.: CT of the abdomen (axial view) showing decreased distance between the abdominal aorta (red arrow) and superior mesenteric artery (blue arrow) consistent with SMA syndrome.Figure 3.: CT of the abdomen (sagittal view) showing decreased distance between the abdominal aorta (red arrow) and superior mesenteric artery (blue arrow) consistent with SMA syndrome.

Ethno-botanical survey of Palamalai Hills, Mettur Taluk, Eastern Ghats, India

Ethnobotanical survey of Palamali hills, a part of Eastern Ghats was carried out for reporting the preliminary traditional knowledge from the inhabitant tribal community. Through the survey, we identified 18 plants which possess medicinal properties. This report is a preliminary checklist and will be helpful for people in identifying potential bioresource and initiating conservatory measures. The present investigation showed that, the tribes of Palamalai Hills of Mettur Taluk, Eastern Ghats, India possess rich knowledge of the medicinal plants and their utilization. There is a need of scientific awareness for prevention of most of the diseases and the cultivation of above medicinal plants for both the utilization and the conservation of natural resources.

Ethno-botanical survey of Palamalai Hills, Mettur Taluk, Eastern Ghats, India

Ethnobotanical survey of Palamali hills, a part of Eastern Ghats was carried out for reporting the preliminary traditional knowledge from the inhabitant tribal community. Through the survey, we identified 18 plants which possess medicinal properties. This report is a preliminary checklist and will be helpful for people in identifying potential bioresource and initiating conservatory measures. The present investigation showed that, the tribes of Palamalai Hills of Mettur Taluk, Eastern Ghats, India possess rich knowledge of the medicinal plants and their utilization. There is a need of scientific awareness for prevention of most of the diseases and the cultivation of above medicinal plants for both the utilization and the conservation of natural resources

دور القضاء في التدخل لاتخاذ التدابير المؤقتة والتحفظية في خصومة التحکيم في القانون الأردني

تبحث هذه الدراسة في دور القضاء في التدخل لاتخاذ التدابير الوقتية والتحفظية في خصومة التحکيم في القانون الأردني، من خلال بيان العلاقة بين التحکيم وقاضي الأمور المستعجلة وفقا لقانون التحکيم رقم (31) لسنة (2001) وقانون أصول المحاکمات المدنية رقم (24) لسنة (1988). وتهدف هذه الدراسة إلى بحث العلاقة والدور المساعد الذي يؤديه القضاء اتجاه التحکيم في اتخاذ التدابير الوقتية والتحفظية قبل البدء بالخصومة أو أثناء السير بها، أو الانتهاء منها. ولهذا سنقسم الدراسة إلى مبحثين، وفقا للمنهجية التالية: المبحث الأول: سلطة القضاء المستعجل في اتخاذ التدابير الوقتية والتحفظية. المبحث الثاني: تدخل القضاء في إصدار الأمر بتنفيذ التدابير التي اتخذتها هيئة التحکيم. Abstract This study examines the role of the judiciary to intervene to take temporary measures and conservative in arbitration rivals in Jordanian law Through the relations between arbitration and the interim relief judge according to legal arbitration no 31 of 2001 and the code of civil procedure no(24)of 1998 . The aim of this study was to examine this relations and the role played by the judiciary assistant direction arbitration to take provisional and conservatory measures before finishing the opponents . In this study will be divided into two sections according to the following methodology . Section 1:the authority of urgent measures judge in order to protective measures . Section 2 : Judicial involvement in issuing orders in the implementation of the measures taken by the arbitral tribunal .

Szesnastowieczne pobizantyńskie freski z Supraśla w świetle dokumentacji konserwatorskiej – historia zniszczeń

The article is dedicated to the history of the unique 16th-century Byzantine frescoes in Suprasl. Here we find an attempt of determining an exact date of accomplishment of the interior wall ornamentation (as well as establishing its authorship) in the Orthodox Church of the Annunciation of the Mother of God in Suprasl. The main part of the text contains a description of the successive stages of polychromy degradation that started with the damages caused by new elements of the interior decoration added in the seventeenth century (iconostasis, side altars) and was continued in the 18th century when the large parts of the frescoes were panelled. Later on the profound alteration of the architectural and painting of the presbytery was made. It ended with almost complete destruction of the frescoes during the World War II. The part of the text also mentions the restorative treatments conducted on this monument since the end of the 19th century. Here we can also find the study of preserving the extant fragments of the paintings during the post-war times. The analysis of the conservatory measures and their documentation taken between 1964–1965 (66) as well as in 2012 and 2014 closes the article.

Provisional and Conservatory Measures – an Under-Utilised Resource in the Court of Arbitration for Sport

This Intervention provides an introduction to the role of the Court of Arbitration for Sport, outlining the composition of the various entities that comprise it, an overview of its role and the rationale for its existence. It goes on to examine the forms of preliminary relief that CAS is able to offer and consider the extent to which that relief is legally enforceable. It ends with a recommendation that interested parties endeavour to make greater use of those preliminary relief mechanisms.

Reconstruction of China's Law on Interim Measures for Arbitration

China's law on interim measures for arbitration has lots of flaws such as prohibiting arbitral tribunals from issuing this type of orders, no express provisions for the people's courts to enforce those tribunal-ordered provisional remedies, and no explicit rules for parties to seek directly conservatory measures from the people's courts. The best method for overcoming the flaws abovementioned is to revise the Arbitration Act to facilitate the users to apply. In the forthcoming revised Arbitration Act,in terms of the types of interim measures issued by arbitral tribunals, China should not allow preliminary orders and shall enact certain conditions like urgency for those interim measures other than evidential matters. China should also construct the norms of people's courts' enforcement of interim measures issued by arbitral tribunals and improve the rules for the peoples' courts as the subject issuing conservatory measures.

Cystite hémorragique à adénovirus chez le transplanté rénal : à propos d’un premier cas en Afrique noire survenu dans un tout débutant programme de greffe rénale et revue de la littérature

Viral infections are an important complication of transplantation. Polyomavirus are the commonest viruses that infect the renal allograft. Herpes virus nephropathy has also been described. In the past 15years, adenovirus nephritis has emerged as a potentially life-threatening disease in renal transplant patients in developed countries. Most of the papers devoted to adenovirus nephritis are reported cases. The fate of such patients in resources-limited countries is not known. Herein, we describe the clinical, biological and prognostic findings of a black African transplanted patient with adenoviral hemorrhagic cystitis. This case is the very first of its kind reported in black Africa in a setting of a start of a renal transplantation pilot project. The patient is a 54-year-old man admitted at the nephrology service for gross haematuria and fever occurred 1month after kidney transplantation. The diagnosis of adenoviral hemorrhagic cystitis has been suspected because the patient has displayed recurrent conjunctivitis and gastroenteritis well before transplantation, which was then confirmed by the real-time polymerase chain reaction performed on the blood. Conservatory measures associated with immunosuppression reduction have permitted the discontinuation of haematuria. This case has been discussed in regard of the epidemiology, the diagnosis, the treatment, the evolution and the prognosis of the adenoviral infection in the renal transplant patient. A review of the literature has been performed subsequently.

The Emergency Arbitrator: The Dawn of a New Age?

Interim and conservatory measures can play an important role in international arbitrations, operating as holding orders preserving the status quo pending the outcome of the parties’ dispute. Often, the demand for such measures is urgent and arises before the arbitral tribunal is in place. This article considers the role of the Emergency Arbitrator in meeting that demand. Specifically, it considers the concerns voiced by some regarding the status of the Emergency Arbitrator and the enforceability of his or her Order or Award. Are those concerns valid or overstated? Irrespective, are we nonetheless embarking upon a ‘new dawn’ as the use and practice of the Emergency Arbitrator takes greater hold and gains maturity?

New Belgian Arbitration Law of 24 June 2013 and New CEPANI Arbitration Rules of 1 January 2013

The new Belgian arbitration law of 24 June 2013 provides a modern framework for arbitration based on the UNCITRAL Model Law on International Commercial Arbitration. It is applicable to both national and international arbitration. The new Belgian arbitration law replaces the previous arbitration law which was introduced in 1972 and amended in 1985 and 1998.The new law provides broader criteria for arbitrability, increases party autonomy and the efficiency of arbitration, provides new provisions on provisional and conservatory measures, and sets fundamental principles for the conduct of arbitration proceedings. The arbitration law no longer allows an appeals procedure against the decision taken by the Belgian courts on a claim for annulment of an arbitral award, while permitting only an application for 'cassation' to the Supreme Court against the decision. Foreign parties continue to have the possibility to explicitly exclude claims for annulment of arbitral awards. On 1 January 2013, new Rules of Arbitration of CEPANI (the Belgian Centre for Arbitration and Mediation) entered into force, replacing the previous Rules of 2005.The 2013 CEPANI Rules introduce a number of new provisions concerning multiparty arbitration and also provide for the possibility of an 'emergency arbitration' prior to the constitution of the arbitral tribunal. This article examines the important changes made to the Belgian Arbitration Law (Part 1) and to the CEPANI Arbitration Rules (Part 2).

The 2012 ICC Rules of Arbitration – An Accelerated Procedure and Substantial Changes

The 2012 International Chamber of Commerce (ICC) Rules of Arbitration pave the way for more expeditious arbitral proceedings since under the added requirements, the parties are to provide more extensive information during the initial stages of the proceedings. The delays caused by further submissions are thereby avoided. A wider approach towards the case, may enable the joinder of additional parties, to address claims between multiple parties and multiple contracts ab initio, and to consolidate arbitration proceedings. The new Rules establish an emergency arbitrator procedure for urgent interim or conservatory measures, as well as case management techniques to reduce the costs. The work of the members of the ICC Commission of Arbitration, the ICC National Committees, the International Court of the Arbitration, the representatives of the National Committees, and selected counsels and arbitrators, over a two-year period bore results: in June 2011 in Mexico City, a revised version of the 1998 ICC Rules of Arbitration was adopted by The World Council of the ICC (hereinafter 'the 2012 ICC Rules' and/or 'the new Rules').

Endangered Medicinal Species of the Indian Ocean: Radical Need for Conservation

Life originated in the Oceans, which are also the most fertile source of chemically distinctive natural products that are mainly accumulated in living organisms. Several of these compounds show pharmacological activities, and are helpful for the invention and discovery of bioactive compounds, primarily for several fatal diseases. The Indian Ocean is home to several exotic species of flora and fauna. Several environmental and man-made factors are responsible for deterioration of several precious biodiversity areas of the Ocean. The author, while highlighting the medicinal importance of these organisms, underlines the need for comprehensive conservatory measures on the part of the international community to be taken in order to maintain the rich Oceanic biodiversity.

Is Exclusion of Concurrent Courts’ Jurisdiction over Conservatory Measures to be Introduced through a Revision of the Convention?

Is Exclusion of Concurrent Courts’ Jurisdiction over Conservatory Measures to be Introduced through a Revision of the Convention?

Is Exclusion of Concurrent Courts' Jurisdiction Over Conservatory Measures to be Introduced by a Revision of the Convention?

Is Exclusion of Concurrent Courts' Jurisdiction Over Conservatory Measures to be Introduced by a Revision of the Convention?

Provisional measures and ICSID arbitration

when a party to an international arbitration is in need of interim relief – an injunction of proceedings pending in another jurisdiction, a conservatory attachment, or a discovery order – it may consider requesting provisional measures from the arbitral tribunal, municipal courts, or both. No matter which route is chosen, the request may well be met with uncertainty. The arbitral tribunal seeking to conform its ruling to international law principles will likely find that the standard for determining the requisite circumstances for, and the proper scope of, an award or recommendation of interim relief is ill-defined. The national court, however secure it may be in its knowledge of the well-settled rules for the granting of provisional measures in the context of ordinary municipal lawsuits, may find that the pendency of independent arbitral proceedings raises difficult questions of jurisdiction and comity. Such issues are of particular interest with respect to proceedings under the aegis of the International Centre for Settlement of Investment Disputes (‘ICSID’ or the ‘Centre’), which was established by treaty1 in 1965 under the auspices of the World Bank to provide a forum for the international arbitration of investment disputes between foreign investors and host governments. Article 47 of the ICSID Convention authorises an ICSID tribunal, if it considers that the circumstances so require, to recommend provisional measures to preserve the rights of the parties.2 Article 26 of the Convention provides that consent to ICSID arbitration shall, unless otherwise stated, be deemed to exclude any other remedy.3 These two provisions, separately and in relation to one another, have been the subject of several decisions, some quite recent and as yet unpublished and unreported, by ICSID tribunals and municipal courts requested by ICSID parties to grant conservatory measures. These cases have tested both the conditions necessary for …

Tiedemann v. Polish State.

Arbitration — Jurisdiction — Mixed Arbitral Tribunals — Review of Decisions of National Courts — Conservatory Measures — Articles 297 (b), 304 and 305 of the Treaty of Versailles.