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Trattato di diritto dell'arbitrato. Vol. 10: L' arbitrato nei rapporti di lavoro. L'arbitrato nei contratti pubblici. Altri arbitrati speciali
No full textThe history of arbitration is that of the duel between the central power of the State and the dispersed power of individuals. On the one hand, the State claiming a monopoly over justice and on the other, private individuals deciding to resolve their disputes as they wish.
Indeed, Arbitration is a private judicial process characterized by a flexibility of forms, the determination of which is left to the autonomy of individuals. The only limitation placed by the State is the observance of the conditions required to attach juridical relevance to the arbitration agreements and to the arbitral awards.
When defining the conditions required for the recognition of the arbitration agreements and arbitral awards, the legislator can extend or restrict the space of autonomy granted to individuals (parties or arbitrators) for the purpose of regulating the proceedings. This can for example be due to the ends pursued by the parties and/or concern certain categories of disputes, such as those disputes concerning employment matters and labour law, whereby the State grants a lesser degree of autonomy to the negotiating parties.
As such, besides “ordinary arbitrations”, it seems legitimate to separately address those “special arbitrations” derogating to the common arbitration discipline and always introduced to grant a greater or lesser autonomy to the negotiating parties.
Importantly, both ordinary and special arbitrations can be traced back to the same common procedural scheme, notably based on the Party Autonomy, and characterized by a contradictory and by the impartiality of the judge and its being a “third-party.” In this respect, the “arbitrato irrituale” – literally “non-ritualistic arbitration”, as opposed to the ordinary (ritualistic) model, can also be considered as “special”.
This notwithstanding, in the Italian academic tradition, the category of “special arbitrations” is almost exclusively reserved to employment arbitrations, arbitrations relating to public contracts, banking and financial arbitrations, sports arbitrations and forensic arbitrations, all of which are specifically addressed in this study.
In all of the aforementioned arbitrations, the derogations to the common discipline never relate to the quality of the cognition and of the contradictory, but only – as illustrated in this introductory essay – to the conditions required for the conduct of the arbitration itself, the appointment of arbitrators, their powers, the procedure, the costs, the enforcement of the award and its appeal
RECENSIONE A GIUSEPPE RUFFINI (A CURA DI), IL PROCESSO TELEMATICO NEL SISTEMA DEL DIRITTO PROCESSUALE CIVILE
No full textBreve, ma accurata rappresentazione dei contenuti dell'opera collettanea a cura di Giuseppe Ruffini, con notazioni critiche e valutazioni, per offrire una chiave di lettura amichevole e più immediata della trasformazione telematica del processo civile in Italia
I provvedimenti d'urgenza
No full textNello scritto si illustrano funzione, presupposti, contenuto ed effetti dei provvedimenti d’urgenza ex art. 700 c.p.c. nel quadro della tutela cautelare
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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