• Journal of Arbitration Studies
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• v.22 no.2
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• pp.53-77
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• 2012

Competence-competence refers to an arbitratorpower to determine whether he or she has jurisdiction to decide a controversy. Although arbitrators power to rule on their own jurisdiction is generally recognized throughout the world, in the United States, neither the courts nor legislative bodies have recognized its significance or the reasoning behind its widespread adoption. Section 3 of the Federal Arbitration Act (FAA) is notorious among arbitration statues for its failure to incorporate competence-competence. When courts rule on an issue of competence-competence, it is referred to as a question of who decides the arbitrability of the case. In the United States, the use of competence-competence as a term of art is still limited to scholarly writings. The answer to the competence-competence inquiry is found in an interpretation of section 3 of the FAA which empowers the courts to decide arbitrability issues. The cases of the Supreme Court and most commentators interpreted sections 2 and 3 of the FAA as conferring issues of arbitrability on the federal courts, including the ability to rule on the validity and scope of the arbitral agreement. Traditionally, United States courts have denied the competence-competence to arbitral tribunal. Recently, however, they have confounded the rules by placing primary importance on the arbitration agreement between the parties. The Supreme Court, in a series of cases, has underscored the necessity of giving full effect to the intentions of the parties as expressed in their agreement to arbitrate. The result of the Supreme Court's emphasis on contractualism in determining the issue of arbitrability is most evident in the Courtdecision in the First Options case. Under First Options, courts are to decide arbitrability issues unless there is a clear and unmistakable contractual assignment of these issues to the tribunal itself. The Court is appraised that it has attempted to compromise between contractual freedom in the arbitration setting and the rule of law that is necessary in a society that depends on the concept of ordered liberty. In the decision in Howsam, the Court clarified the definition of arbitrability by attempting to draw a clear line between questions of arbitrability that are to be decided by courts and those matters that bear on the allocation of decisions between courts and arbitrators but are not questions of arbitrability.

• Knowledge Management Research
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• v.25 no.2
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• pp.219-243
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• 2024

This study investigates the impact of privacy concerns, perceived utility, and awareness of the right to personal data self-determination on the effective use and expansion of MyData services, which are critical to the data economy. Integrating the value-based adoption model with privacy calculus theory, the research examines how perceived utility, privacy concerns, trust, and personal innovativeness influence perceived value, perceived privacy, and the intention to provide personal information. Data collected from an online survey of 442 MyData service users and prospective users were analyzed using PLS-SEM and Bootstrapping methods via SmartPLS 4. The results indicate that perceived utility positively affects the intention to provide personal information, while privacy concerns have a negative impact. Trust and personal innovativeness positively influence the intention to adopt MyData services, and the awareness of personal data self-determination rights moderates these intentions. The findings underscore the importance of developing beneficial services that mitigate users' privacy concerns and build trust for the successful implementation of MyData services. Additionally, the study highlights the need for education and awareness campaigns to enhance understanding of the right to personal data self-determination.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.18 no.2
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• pp.35-52
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• 2023

Recently, as the non-face-to-face environment has developed due to COVID-19 and environmental pollution, the importance of online digital healthcare is increasing, and venture start-ups and activities such as health care, telemedicine, and digital treatments are also actively underway. This study conducted the impact on the acceptability of digital healthcare smartwatches with an integrated approach of the expanded integrated technology acceptance model (UTAUT2) and the behavioral inference model (BRT). The most advanced integrated technology acceptance model for innovative technology acceptance research was used to identify major factors such as utility expectations, social effects, convenience, price barriers, lack of alternatives, and behavioral intentions. For the study, about 410 responses from ordinary people in their teens to 60s across the country were collected, and based on this, the hypothesis was verified using structural equations after testing reliability and validity of the data. SPSS 23 and AMOS 23 were used for research analysis. Studies have shown that personal innovation has a significant impact on the reasons for acceptance (use value, social impact, convenience of use), attitude, and non-use (price barriers, lack of alternatives, and barriers to use). These results are the same as the results of previous studies that confirmed the influence of the main value of innovative ICT on user acceptance intention. In addition, the reason for acceptance had a significant effect on attitude, but the effect of the reason for non-acceptance was not significant. It can be analyzed that consumers are interested in new ICT products and new services, but purchase them more carefully and selectively. This study has evolved from the acceptance analysis of general-purpose consumer innovation technology to the acceptance analysis of consumer value in smartwatch digital healthcare, which is a new and important area in the future. Industrially, it can contribute to the product's purchase and marketing. It is hoped that this study will contribute to increasing research in the digital healthcare sector, which will play an important role in our lives in the future, and that it will develop into in-depth factors that are more suitable for consumer value through integrated approach models and integrated analysis of consumer acceptance and non-acceptance.