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Record W2267517174

What's in a Name? Lloyd'S, Public Policy and International Comity

2010· article· en· W2267517174 on OpenAlexaffabout
Geneviève Saumier

Bibliographic record

VenueSSRN Electronic Journal · 2010
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicInternational Arbitration and Investment Law
Canadian institutionsMcGill University
Fundersnot available
KeywordsComityJurisdictionArgument (complex analysis)Political scienceLawEnforcementLaw and economicsPublic policyConflict of lawsEconomics
DOInot available

Abstract

fetched live from OpenAlex

The Lloyd's litigation saga has met the same end in Canada as it has in most American jurisdictions. English judgments against foreign investors (Names) have been recognized in the defendants' home jurisdiction despite challenges based on public policy. Using the latest Ontario case as a starting point, the author examines the public policy arguments surrounding the litigation, from the original enforcement of contractual choice-of-jurisdiction clauses to the final decision to enforce the resulting foreign judgment. The author questions the usefulness of a public policy analysis at the initial jurisdictional stage. She argues that an approach based on the concept of mandatory rules (also known as lois d'application immediate or lois de police) is preferable as it allows for a more coherent examination of the legislative and judicial policies at stake. The argument for recognition based on international comity is then considered. The author argues that precedence granted to party autonomy and international comity is difficult to reconcile with the Ontario court's findings on the fundamental nature of its securities regulation. The author concludes that the Canadian court may have been overly concerned not to deviate from the path set by American courts, thereby subordinating domestic policy to the perceived imperatives of international comity.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.002
metaresearch head score (Gemma)0.006
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: Other
Teacher disagreement score0.669
Threshold uncertainty score0.666

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0020.006
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.002
Science and technology studies0.0110.019
Scholarly communication0.0120.005
Open science0.0010.002
Research integrity0.0040.003
Insufficient payload (model declined to judge)0.0040.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.011
GPT teacher head0.247
Teacher spread0.235 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2010
Admission routes2
Has abstractyes

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Same venueSSRN Electronic JournalSame topicInternational Arbitration and Investment LawFrench-language works237,207