• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• Asia pacific journal of information systems
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• v.20 no.4
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• pp.101-123
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• 2010

Recently, firms are operating a number of teams to accomplish organizational performance. Especially, ad hoc teams like proposal preparation team are quite different from permanent teams like R&D team in the sense of how the team forms network structure and deals with organizational learning culture and knowledge management participation efforts. Moreover, depending on the team characteristics, individual creativity will differ from each other, which will lead to organizational performance eventually. Previous studies in the field of creativity are lacking in this issue. So main objectives of this study are organized as follows. First, the issue of how to improve individual creativity and organizational performance will be analyzed empirically. This issue will be performed depending on team characteristics such as ad hoc team and permanent team. Antecedents adopted for this research objective are cultural and knowledge factors such as organizational learning culture, and knowledge management participation. Second, the network structure such as degree centrality, and structural hole is used to analyze its influence on individual creativity and organizational performance. SI (System Integration) companies are facing severely tough requirements from clients to submit very creative proposals. Also, R&D teams are widely accepted as relatively creative teams because their responsibilities are focused on suggesting innovative techniques to make their companies remain competitive in the market. SI teams are usually ad hoc, while R&D teams are permanent on an average. By taking advantage of these characteristics of the two kinds of teams, we will prove the validity of the proposed research questions. To obtain the survey data, we accessed 7 SI teams (74 members), and 6 R&D teams (63 members), collecting 137 valid questionnaires. PLS technique was applied to analyze the survey data. Results are as follows. First, in case of SI teams, organizational learning culture affects individual creativity significantly. Meanwhile, knowledge management participation has a significant influence on Individual creativity for the permanent teams. Second, degree centrality Influences individual creativity significantly in case of SI teams. This is comparable with the fact that structural hole has a significant impact on individual creativity for the R&D teams. Practical implications can be summarized as follows: First, network structure of ad hoc team should be designed differently from one of permanent team. Ad hoc team is supposed to show a high creativity in a rather short period, implying that network density among team members should be improved, and those members with high degree centrality should be encouraged to show their Individual creativity and take a leading role by allowing them to get heavily engaged in knowledge sharing and diffusion. In contrast, permanent team should be designed to take advantage of structural hole instead of focusing on network density. Since structural hole can be utilized very effectively in the permanent team, strong arbitrators' merits in the permanent team will increase and therefore helps increase both network efficiency and effectiveness too. In this way, individual creativity in the permanent team is likely to lead to organizational creativity in a seamless way. Second, way of Increasing individual creativity should be sought from the perspective of organizational culture and knowledge management. Organization is supposed to provide a cultural atmosphere in which Innovative idea suggestions and active discussion among team members are encouraged. In this way, trust builds up among team members, facilitating the formation of organizational learning culture. Third, in the ad hoc team, organizational looming culture should be built such a way that individual creativity can grow up fast in a rather short period. Since time is tight, reasonable compensation policy, leader's Initiatives, and learning culture formation should be done In a short period so that mutual trust is built among members quickly, and necessary knowledge and information can be learnt rapidly. Fourth, in the permanent team, it should be kept in mind that the degree of participation in knowledge management determines level of Individual creativity. Therefore, the team ought to facilitate knowledge circulation process such as knowledge creation, storage, sharing, utilization, and learning among team members, which will lead to team performance. In this way, firms must control knowledge networks in permanent team and ad hoc team in a way mentioned above so that individual creativity as well as team performance can be maximized.