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The thesis explores the concept of International Arbitration, an alternative to litigation. It argues the benefits and the inherent limitations parties are likely to face while resorting to this instrument to resolve Transfer of Technology and Intellectual Property related disputes. The paper further explains how Arbitrability limitations can be taken care of in relation to transfer of technology disputes. Emphasis is placed on the institutional role of the World Intellectual Property Organization’s Arbitration and Mediation Center as an appropriate arbitration forum to deal with complex technological and Intellectual Property related disputes.

The thesis explores the concept of International Arbitration, an alternative to litigation. It argues the benefits and the inherent limitations parties are likely to face while resorting to this instrument to resolve Transfer of Technology and Intellectual Property related disputes. The paper further explains how Arbitrability limitations can be taken care of in relation to transfer of technology disputes. Emphasis is placed on the institutional role of the World Intellectual Property Organization’s Arbitration and Mediation Center as an appropriate arbitration forum to deal with complex technological and Intellectual Property related disputes.

Due to the planned economy, the labor relations in China had been merely an extension of the administrative relations for long. Led by collectivism, collective labor relations based on individual interests actually did not exist in China. In fact, the labor relations, aimed to protect individual labor interests, turned out to be a complex of labor interests, trade unions, and the administration. Although the factors such as labor interests, trade unions, and governmental regulations could be found in China¡¦s labor market, the causes of them were quite different from those in western countries. Accordingly, the conceptions derived from Taiwan or other developed countries couldn¡¦t be entirely applied when we analyzed the labor relations in China. The transition of the legal system of labor relations in modern China can be grouped under the two categories: preventive regulations and remedy measures. The former contains the implementation of labor standards, the enforcement of collective labor contracts, and the administration of labor contract system while the latter covers labor supervision and labor disputes resolution regulations. During the establishment of China labor laws, the regulations of the labor dispute resolutions tend to correspond with labor condition rules. Different from the policies of dealing labor disputes in western countries, the labor dispute regulations in China strictly follow the three stages: mediation, arbitration, and litigation. In such an inflexible procedure, the clients have no freedom to choose preferred methods or measures. Most of all, since labor litigation is the final stage of the procedure, the judicial interpretation of the supreme civil court has a great impact on the results of labors¡¦ relief-seeking. In other words, it plays a crucial role in the field of labor dispute resolutions. To have a full understanding of the labor dispute resolution system in China, the research begins with labor litigation and systematically examines the relations between arbitration and judicial review.

The multi-core systems are usually implemented on homogeneous or heterogeneous cores, in order to design the better NOC (network on chip), it must consider the performance, scalability, simplifies hardware design and arbitration strategy at the on chip network. The routers are designed with circuit-switched network, circuit switching is asynchronous circuits and routers have no queuing (buffering), therefore, it is simple and efficient in implementation. Synchronous circuit is network with a clock source, but the distributing global clock has many problems such as power consumption, increasing the area and Clock skew. Ring topology with multi-transaction bus architecture. It could make multiple packets to access the bus at the same time, so that the multi-transaction bus architecture is better to get more throughputs. When the number of cores increase, the central arbiter circuit is more complexity, this thesis presents an SAP (self-adjusting priority) schedule that can fairly adjust priorities of each component by appropriately exchanging weighting at distributed arbiter. When numerous requests encounter contention on a network, a winner owning the highest priority will exchange its priority with the lowest priority of these requests. This principle guarantees that winners will decreased the opportunity of incurring network at the next time. In opposition, these losers can obtain the higher priority than that of the original. Therefore, the proposed scheme not only offers fair strategy, but also simplifies hardware design.

Since the implementation of Government Procurement Act, the competent authority ¡X Public Construction Commission, Executive Yuan ¡X had set up 40 kinds of sub-laws and more than ten of related operation regulations so as to be the foundation of handling procurement for procuring organs and suppliers. The regulations of government procurement are therefore more complete. While under this circumstance, the dispute of government procurement is increasing day by day. What are the real causes behind the phenomenon? When the two parties had the dispute about procurement, it will incur numerous extra human and substantial costs. If we do not choose corrective approaches to resolve these disputes, not only the two parties waste resources, but also seriously impact the performance of dealing procuring dispute for organs. This situation will be more obvious to the port authority in our study that is located in the key position of sea transportation and transshipment. In this study case, the port authority will deeply suffer the dispute of procurement because it has to provide superior service for shipping company to match the tendency of vessels¡¦ type enlargement. This study explored the ever-happened dispute cases in a port authority and sorted out causes, types, settling ways of procurement dispute and performance of resolving procurement dispute from literatures, and then discussed with main professionals in related business fields to draft adequate questionnaire, going on survey to the members who real did the procurement duty in the port authority. This study got 105 copies of effective surveys, and then preceded factor analysis, correlation analysis, and path analysis to not only verify the hypotheses proposed, but also understand the practices and views of members in the port authority. The conclusions from this study included: 1. Most of procurement dispute happened in the stage of contract implementation. There is huge ratio of concerning cases from representatives. The usual way of resolving procurement dispute is through the appeal to Complaint Review Board of Government Procurement. 2. Different kinds of members got different cognitions in some dimensions. 3. The result of factor analysis shows that there are four significant factors, including perfect regulations, regulations¡¦ acknowledge, training enhancement, and complete documentation. But the primary factors affecting types of procurement dispute are regulations¡¦ acknowledge and training enhancement. Among all four factors, regulations¡¦ acknowledge has the most effect on type of procurement dispute. 4. Type of procurement dispute has positive effect on way of resolving procurement dispute. 5. Way of resolving procurement dispute has positive effect on performance of resolving procurement dispute.

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Thesis (doctoral)--Université de Genève, 1938. / Includes bibliographical references (p. [103]-107) and index.

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Interstate arbitration is commonly viewed as an essentially judicial process, suitable for the resolution of legal questions but inappropriate to deal with “political” issues. This conception, however, arguably flies in the face of both the origins and historical function of interstate arbitration and the complex legal-political nature of most interstate disputes. This paper offers an alternative account of interstate arbitration, which views it as a sui generis hybrid mechanism that combines “legal” and “diplomatic” dimensions to effectively resolve all aspects of interstate disputes. The paper examines this proposed account by analyzing four complex interstate territorial disputes that were submitted to arbitration and assessing the extent to which these two dimensions were recognized and employed, and how this may have affected the resolution of the disputes. Based on this analysis, the paper offers a two-dimensional operative framework intended to guide states and arbitrators in the resolution of future complex interstate disputes.