Search Results Heading

MBRLSearchResults

mbrl.module.common.modules.added.book.to.shelf
Title added to your shelf!
View what I already have on My Shelf.
Oops! Something went wrong.
Oops! Something went wrong.
While trying to add the title to your shelf something went wrong :( Kindly try again later!
Are you sure you want to remove the book from the shelf?
Oops! Something went wrong.
Oops! Something went wrong.
While trying to remove the title from your shelf something went wrong :( Kindly try again later!
    Done
    Filters
    Reset
  • Discipline
      Discipline
      Clear All
      Discipline
  • Is Peer Reviewed
      Is Peer Reviewed
      Clear All
      Is Peer Reviewed
  • Item Type
      Item Type
      Clear All
      Item Type
  • Subject
      Subject
      Clear All
      Subject
  • Year
      Year
      Clear All
      From:
      -
      To:
  • More Filters
      More Filters
      Clear All
      More Filters
      Source
    • Language
68 result(s) for "Force majeure"
Sort by:
Construction Industry from Perspective of Force Majeure and Environmental Risk Compared to the COVID-19 Outbreak: A Systematic Literature Review
The COVID-19 pandemic represents a type of force majeure that significantly and unexpectedly affected all human lifestyles. This study includes an integrative review of articles published across Scopus and Web of Science journals and compiled using the systematic review methodology based on the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) Statement and VOSreview (visualization of similarities) software by defining keywords that include “construction industry” and “force majeure” and “environmental risks” as a starting point. Moreover, the research years and the countries covered by this research were determined in a second stage. Finally, the abstracts of selected studies were reviewed in order to extract factors similar to the pandemic conditions of COVID-19 along with the brief results of the research. Out of 6384 publications identified and 56 publications reporting, 20 studies fulfilled the inclusion criteria with full text. Based on our findings, there has been a continuous growth of publications on construction risk and environmental research since 2010. Malaysia had the greatest contribution to the research topic of the countries covered by the study, followed by Egypt. The Engineering, Construction and Architectural Management journal published the greatest number of publications related to the research topic. In this review, the most important previous studies are classified according to their handling of force majeure and environmental risks and the most important factors mentioned in these studies are identified. In addition, recommendations are made for dealing with the COVID-19 pandemic and for mitigating its effects on the construction industry in the Arab world and Malaysia. The results of this review will benefit researchers and construction companies alike in furthering research on reducing the risks of COVID-19 to construction projects and avoiding the significant economic loss that results from stopping these projects.
The impact of IT tools on students' anxiety and learning outcomes in online education during force majeure
Amidst the force majeure, the paper addresses the significant role of information technology in higher and postgraduate education, focusing on its impact on online learning and on students' anxiety. The study conducted at Shakarim State University in Semey, Kazakhstan, used an experimental design, and the primary data collection method was a survey. A survey involving 240 students across various disciplines, averaging 20 years of age. The control group was studied according to the traditional scheme using basic online resources, while the experimental group used an interactive approach involving IT. Findings reveal a strong digital technology proficiency among respondents (78%), with preferences split between online video conferencing (39%) and recorded videos (45%). Despite a preference for classroom-based learning by some (45%), the majority found online courses effective (68%), highlighting the value of interactive forms (70%). The study demonstrates an average increase in pre- and post-training scores, indicating heightened student motivation through information technology (73.5-79.23). This underscores the efficacy of IT-based curricula in enhancing learning outcomes and student engagement. This finding suggests that the use of the experimental methodology contributed to a reduction in students' anxiety.
S-curve adjustment approaches for a force majeure event: COVID-19 as an example
PurposeAn S-curve is an essential project-management tool. However, it is difficult to adjust S-curve to deal with a force majeure event. The present study develops four valuable adjustment approaches, designed to achieve a compromise between the views of the client and contractor. These can be used to control projects after a force majeure event.Design/methodology/approachThe present study develops four adjustment approaches, which can be used to achieve a compromise between the views of the client and those of the contractor when controlling projects after a force majeure. To determine the S-curves during a force majeure event, two approaches can be selected: BCWS (budgeted cost of scheduled work)-base approach, or BCWP (budgeted cost of work performed)-base approach. To determine the rest of S-curves after a force majeure event, two approaches can be considered: maintaining the original curve of the remaining BCWS, or allocating the original curve of the remaining BCWS. Based on the validation of three empirical cases, drawn from a professional project-management website, this study confirms the feasibility of four proposed empirical approaches and a selection procedure for S-curve adjustment.FindingsThe S-curve-adjustment approaches presented here can be used to deal with cases that are ahead of, on and behind schedule. Using the proposed approaches and selection procedure, contractors can easily revise S-curves and control projects more effectively. To deal with a force majeure event, such as COVID-19, they are strongly advised to adopt the approaches labeled SA-A1 (to adjust the S-curve based on the extension ratio multiplied by the difference in progress during the force majeure) and SA-B1 (to maintain the original curve of the remaining BCWS) for the A/E and E/F curves, respectively.Research limitations/implicationsThe proposed approaches can be used in cases of continuous construction during force majeure events. If construction work is totally suspended during such an event, it will be necessary to fine-tune the proposed approaches.Originality/valuePrevious studies have used case-oriented or mathematical-simulation approaches to forecast S-curves. The present study proposes simple approaches that allow the client and contractor to adjust the S-curve easily after a force majeure event. These approaches can be used to adjust work and project-completion targets within an extended duration. Selecting the right S-curve adjustment approach can help to control the remainder of the project, reducing the possibility of delay claims.
The Impact of Economic Sanctions on the Fair and Equitable Treatment Standard in International Investment Arbitration
This article examines the interplay between economic sanctions and the fair and equitable treatment (FET) standard under international investment agreements (IIAs). Sanctions, whether unilateral or multilateral, can disrupt the stability and predictability expected by foreign investors, raising claims of FET breaches. Key issues include violations of due process, frustration of legitimate expectations, and discriminatory treatment. The article explores how sanctions, such as Russia’s countersanctions or secondary sanctions impacting third-party investors, may interfere with investors’ rights. It also highlights notable cases, including Fridman v. Luxembourg, Kadi v. EU, Dayyani v. South Korea, and Stabil LLC v. Russia, which illustrate the challenges sanctions pose to procedural fairness and investment protections. Additionally, the article evaluates state defences such as nonprecluded measures (NPM), countermeasures, and force majeure, and their applicability in sanctions-related disputes. As sanctions regimes evolve, the article underscores the need for arbitral tribunals to balance investor protections with state sovereignty and legitimate policy objectives.
Investigation of Optimization of Combustion Processes in the Engine of Combat Vehicles by Use of Disk Structure
This work analyzes the possibility of a provision of force-majeure mode of the combat vehicles with the aid of disk construction installed in the baffler, the base of the operation of which is the method of residual cyclical quadratic chain code of construction of the “windows” of the movable disk. To determine the optimal parameters of the moving disk of the rotor system, mathematical modeling was performed. The results of mathematical modeling were used to create a PC-based calculation program. The calculation was performed for the rotational frequency ω = 300 s−1 andfor harmonic numbers from 1 to 100. The waveforms used in simulation were as follows: quasi-trapezoidal and rectangular. It is established that at the number of “windows” m = 276 in the moving disk of the rotor system the radiation spectrum acquires a uniform distribution. The object of the research is the process of extreme burning of fuel material in the combat vehicles’ engines, ensuring, according to the technical possibilities of the engine, the implementation of the force-majeure mode of the combat vehicle in the whole. The quantitative and qualitative criteria of fullness of fuel material burning in the engine are chosen as the basis for the evaluation of the reaching of the force-majeure mode. The “flat noise” of the efflux is chosen as the basis of this evaluation. This method ensures the construction of the stochastic structure of “flat noise” in the engine efflux and, in that way, confirms the possibility of technical implementation of the force-majeure mode. The rotor system further ensures not only the force-majeure formation, but also reaches the minimum noise of the combat vehicle at the change of its dislocation. The research results can be further used to optimize the design of exhaust systems, which will reduce emissions.
Legal Act of Force Majeure in Products Buy and Sell Transactions in Indonesia
Contract in the trade sector was a means to regulate the exchange of rights and obligations between producers and consumers that were binding on both parties. However, in some cases, such as the COVID-19 pandemic, an incident known as a breach of contract occurred due to delayed delivery of products to consumers. For this reason, the primary goal of this research was to determine the legal limits of force majeure and the consequences of breach of contract during the pandemic to the loss of products due to delays in delivery from produce. This research was normative juridical research. The approach processes were carried out by examining secondary data using primary, secondary, and tertiary legal materials related to particular symptoms in answering the problems studied. This study used the concept of breach of contract, in normal and force majeure. This research showed that the COVID-19 pandemic condition fulfilled the element of force majeure to demand compensation, but producers cannot use force majeure as an excuse to avoid obligations. Thus, the breach of contract of products to consumers was the liability of producers for the losses suffered by consumers. For this reason, during the pandemic era, the reason for the breach of contract due to force majeure did not cancel the contract because it was a relative force majeure. Finally, this research contributed to a legal settlement solution in resolving the force majeure of breach of contract issues from delays in the delivery of products from produces in the future and can be used as a reference for further research as well as the implications and suggestions at the end of this article.
The Force Majeure 'Excuse'
Abstract This article elucidates the general meaning, concept, and scope of the legal doctrine of 'force majeure'. It deals briefly with the concept and application of force majeure in the United Arab Emirates and addresses specifically whether, and if so, and when economic recession can amount to a force majeure excuse. Furthermore, the article also explains the application and impact of the 'catch-all' phrases that are used to define force majeure in many prevailing agreements, which are the subject matter of disputes today.
Unexpected Circumstances in European Contract Law
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.