Chapter 3 discusses the importance of drafting a well-crafted arbitration agreement to establish an effective private dispute resolution system outside of national courts. Various defects in arbitration agreements can lead to inefficiencies and disputes in the arbitration process. The chapter also discusses essential requirements for arbitration clauses, highlighting that short and simple clauses are generally sufficient, especially when using model clauses provided by arbitral institutions. The chapter also discusses the choices that parties make such as the number of arbitrators, their qualifications, the governing arbitration law, the language of the arbitration and the seat of arbitration. Additional clauses beyond the basic clause can also be added to provide more control, but its important to align any additions with chosen institutional rules to avoid contradicting mandatory provisions. Finally, the chapter discusses issues such as preliminary relief, technical expertise, multistep dispute resolution clauses, dispositive motions, legal fees and costs, confidentiality, expanded judicial review, and multiparty agreements.

Chapter 4 discusses applicable laws and rules as well as various concepts in international arbitration such as delocalization, territoriality, lex arbitri and lex mercatoria. The chapter considers various choice of law issues that arise when parties fail to chose the governing law of the contract or of the arbitration clause or if they do not choose the seat of the arbitration.. Although the arbitrator has a duty to apply the proper law, the application of the laws and rules of an arbitration is a complex process. Arbitrators have broad discretion, which is, however, limited in number of ways such as by mandatory laws, party autonomy, international principles, best practices, and by the duty to try to render an enforceable award. In the book, the author includes insights from a number of international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of best practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to this important means of resolving disputes.

This chapter offers a thorough guide to the techniques and instruments used to understand how the brain develops in humans. It covers key learning goals, such as examining how behaviors change as people grow, how studying typical and atypical development inform each other, and what we can and cant learn about brain structure using non-invasive brain scans. It also explains the two main ways we measure brain function. Starting with some back history on methodological tools, this chapter sets the stage for deeper insights into brain development and its impact on our abilities. It highlights the dynamic nature of the field, influenced by both animal studies and rapidly evolving and improving analytical tools and methods. With a focus on methods for studying children, we explore more advanced techniques used in different age groups. Furthermore, this chapter stresses the importance of a scientific mindset and adaptability when new evidence comes to light. It serves as a vital reference for understanding the tools and approaches in developmental cognitive neuroscience.

This chapter delves into the age-old nature versus nurture debate, exploring the factors that mold our individuality. As Margaret Mead observed, our distinctiveness arises from a blend of life experiences and inherent traits. Even identical twins exhibit subtle distinctions. We scrutinize whether our abilities stem from innate brain maturation or learned experiences, with nativists and empiricists offering opposing perspectives. The chapter introduces two key concepts for understanding human development. First, we explore genes – their nature, role in development, and contribution to human diversity. We delve into the intricate mechanisms governing gene expression, including the impact of epigenetics. Second, we examine how the mature brain evolves from prenatal origins, shaped by genetics and epigenetics. We challenge the notion that genes alone dictate our identities, emphasizing the dynamic interplay between genes and the environment. We avoid the term innate, recognizing the remarkable adaptability of the human brain–gene system. Our aim is to embrace the intricate interplay of genetics and environment, unveiling the path from genotype to phenotype – the observable expression of our genetic makeup.

Chapter 9 focuses on parties’ attempts to set aside or vacate an award. Courts rarely overturn an arbitral award, which is considered to be final and binding. However, parties can challenge an award on jurisdictional grounds or other grounds such as arbitrator misconduct, bias or public policy. If the award was vacated because the court held that the arbitration agreement itself was invalid, the prevailing party may be able to initiate a court action on the same issue. The chapter concludes that the reason it is not easy to vacate an arbitral award is not only because the grounds for setting aside are very narrow, but also there is a judicial resistance to second-guessing an arbitral tribunal that has rendered a final and binding award. Without substantial evidence of some flaw in the arbitral process or in the conduct of the arbitrator, it would be wise for counsel not to waste clients’ resources on challenging the arbitral award.

Language, a hallmark of human cognition, is a complex and universal tool for conveying thoughts and ideas. This chapter navigates the intricate landscape of language development, spanning its various dimensions. We begin by dissecting language into its components, be it spoken or signed, and explore its dual nature – both specific and universal. The chapter illuminates the brains remarkable capacity to derive meaning from linguistic input, pinpointing the neural structures underpinning language comprehension and production. Distinguishing between language quantity and quality, we delve into the role of contingent learning and experiential adaptation in molding linguistic abilities. Additionally, we ponder the evolutionary origins of language, contemplating its exclusive human attribute. Drawing from a diverse pool of research, including neuroimaging, behavioral assessments, and developmental studies, this chapter offers a comprehensive view of language development. It underscores the profound influence of gene–environment interactions in enabling infants to acquire language organically, without explicit instruction.

Chapter 10 discusses some of the issues and procedures pertinent to recognition and enforcement of awards under international conventions and various national laws, as well as the limited grounds for refusing enforcement. In particular, the chapter focus on Article III of the New York Convention which requires countries to recognize foreign arbitral awards as binding and to enforce them in accordance with the provisions of the Convention. The chapter also notes that there are only a limited number of defenses against enforcement of an award under the Convention and that national courts construe such defenses narrowly. There are five kinds of defenses found in Article V(1) and two additional defenses found in Article V(2). The most important characteristic of the defenses is that they are not based on the merits. Under the Convention, a court cannot refuse enforcement of an award because the arbitrator got it wrong, either on the facts or the law. Instead, the defenses focus on the integrity of the process, fairness to the parties, and a reasonable opportunity to be heard.

Chapter 8 focuses on the enforcement of a final and binding award. It discusses the difference between orders and awards and when each is used in the arbitration proceedings. There are different types of awards that can be granted by tribunals, such as final awards, partial and interim awards, consent awards, and default awards. A tribunal has an obligation to make best efforts to produce an enforceable award. It is important that a tribunal make clear whether an award isa final award, and if so, that it ensures that the award deals with all issues in dispute between the parties. A lack of clarity could lead to requests for interpretation or even to attempts to vacate. In sum, to ensure the validity of an award, arbitrators need to take the time to craft the award carefully, to meet the legal requirements as to form and content, to make a clear representation of the substance of the award, and to ensure that the award does not exceed the scope of their authority. A highly valued aspect of international arbitration is that once an award is granted, it is enforceable and is not subject to being vacated or refused enforcement on the merits.

This introductory chapter delves into the inception of developmental cognitive neuroscience, a field shaped by historical inquiries into brain development, childhood learning, and the nature–nurture debate. We trace the origins of this interdisciplinary endeavor, revealing how it has emerged as a pioneering approach to comprehending human development. In this chapter, we dissect the core components of developmental cognitive neuroscience: development, cognition, and neuroscience. We elucidate their interconnectedness, underpinning theories, and evolving methodologies, spotlighting the transformative impact of recent technological strides. Throughout the book, our emphasis remains on the synthesis of these elements, illustrating their collective role in advancing our comprehension of human development. This chapter establishes the groundwork for an engaging exploration of the intricate interplay between brain maturation, cognitive processes, and the unfolding of human potential.

In this chapter, we explore the intricate relationship between early social interactions and the development of social cognition in humans. We address how imitation lays the foundation for subsequent social learning and how humans process information about themselves and others. Beginning with a discussion of our innate social nature, we emphasize the bidirectional influence of social and cognitive processes from birth, highlighting the pivotal role of social interaction in shaping childrens understanding of actions and interpersonal attention. Key topics covered include early biases supporting social cognition, such as contingency awareness and the progression toward understanding physical and psychological causation. The chapter also examines the development of mental state reasoning in individuals, exploring the significance of interest in faces, eyes, biological motion perception, and the differentiation between animate and inanimate objects. Finally, we discuss the impact of atypical social cognition in neurodevelopmental disorders like Autism Spectrum Disorder (ASD), exploring diagnostic and intervention techniques, contributing to a deeper understanding of the developmental underpinnings of social cognition in humans.

Chapter 6 focuses on issues of the tribunal’s appointment, qualifications, and duties - all of which bear on the integrity of the process and on the efficiency and effectiveness of the dispute’s resolution. Selecting arbitrators is a critical task that lawyers undertake to ensure a fair and efficient resolution of disputes. Considering factors such as the number of arbitrators, qualifications, availability, reputation, and selection method are essential for achieving the desired outcome in arbitration. If the parties have not agreed on a selection method, institutional rules or the arbitration institution itself will govern the process. Parties should be aware of whether they have freedom to choose arbitrators, or are limited to a list provided by the institution or if the institution will make the selection. The chapter focuses on the arbitrators’ duties and particularly their obligation to be impartial and independent and to avoid conflicts of interest. Finally, the chapter deals with when and how parties can challenge arbitrators, when they can replace arbitrators, and what immunities arbitrators have.