Academic literature on the topic 'UNCITRAL model law'

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Journal articles on the topic "UNCITRAL model law"

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Knieper, Judith. "The Making of the UNCITRAL Mediation Framework." BCDR International Arbitration Review 6, Issue 2 (2019): 239–60. http://dx.doi.org/10.54648/bcdr2019002.

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The UNCITRAL mediation framework consists of the United Nations Convention on International Settlement Agreements Resulting from Mediation, also known as the Singapore Convention on Mediation, the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, 2018 (amending the Model Law on International Commercial Conciliation, 2002) and the Conciliation Rules.The UNCITRAL mediation framework will be supplemented by updated mediation rules as well as notes on mediation, which are currently on UNCITRAL’s agenda. This framework is the
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Gautama, S. "Model UU Arbitrase Dagang Internasional dari PBB." Jurnal Hukum & Pembangunan 16, no. 6 (2017): 605. http://dx.doi.org/10.21143/jhp.vol16.no6.1235.

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UNCITRAL (United Nations Commission on International Trade Law), Panitia PBB tentang Hukum Dagang Internasional, pada tanggal 21 Juni 1985 telah menerima suatu Model Undang-undang tentang hukum Arbitrase Dagang lnternasional. Karya dari UNCITRAL ini dipandang sebagaipelengkap daripada UNCITRAL Arbitration Rules (Kaidah-kaidah Arbitrase dari UNCITRAL) dan UNCITRAL Conciliation Rules.
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E. O’Malley, Peter. "A New ‘UNCITRAL Model Law on International Commercial Adjudication’: How Beneficial Could It Really Be?" Arbitration: The International Journal of Arbitration, Mediation and Dispute Management 88, Issue 1 (2022): 34–60. http://dx.doi.org/10.54648/amdm2022003.

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The United Nations Commission on International Trade Law (UNCITRAL) has promoted Alternative Dispute Resolution (ADR) as an alternative to litigation, being the traditional method of resolving disputes. ADR has been primarily facilitated by UNCITRAL through two Model Laws, namely the UNCITRAL Model Law on International Commercial Arbitration (1985) and the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018). The Commission has discussed, and continues to discuss, the development of an additional UNCITRAL Model Law on
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Teh, Stephanie, and João Ribeiro. "The Time for a New Arbitration Law in China: Comparing the Arbitration Law in China with the UNCITRAL Model Law." Journal of International Arbitration 34, Issue 3 (2017): 459–87. http://dx.doi.org/10.54648/joia2017023.

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As China consolidates its position as one of the most important trade players in the international market, arbitration has become an attractive alternative to litigation in commercial disputes between Chinese companies and their foreign trade partners. The UNCITRAL Model Law on International Commercial Arbitration 1985, with amendments as adopted in 2006, represents the accepted international legislative standard for a modern arbitration law. In order to make China an attractive seat for international commercial arbitration and enhance the efficiency of the arbitration system for the benefit o
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Abdullah Bawazir, Omar Saleh, and Mohammad Azam Hussain. "The Qualifications of Arbitral Tribunal: Perspectives of Shariah Law and UNCITRAL Model Law." Journal of Social Sciences Research, SPI6 (December 30, 2018): 1213–17. http://dx.doi.org/10.32861/jssr.spi6.1213.1217.

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Arbitration is an alternative mechanism which can be adopted by the parties involved in any legal issues other than the court. Arbitral tribunal plays essential role and has roles and functions similar to the court judges. Only qualified person is eligible to be appointed as arbitrator. From Islamic perspective, the Muslim jurists have laid down several requirements to be fulfilled by such person before the appointment has been made. The UNCITRAL Model Law which is internationally adopted by most of the countries in the world in setting up their arbitration institution also has a provision per
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Ahmad, Jawad, and Paul Tan. "The UNCITRAL Model Law and Awards infra petita." Journal of International Arbitration 31, Issue 3 (2014): 413–23. http://dx.doi.org/10.54648/joia2014017.

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There is an abundance of scholarly writing on the UNCITRAL Model Law and arbitral tribunals rendering decisions on issues beyond the parties' submissions (ultra petita).The same cannot be said where the arbitral tribunal fails to decide on the issues submitted by the parties (infra petita). In BLB and another v. BLC and others [2013] S.G.H.C. 196, a Singapore High Court decision, the court set aside an award infra petita under Article 34(2)(a)(iii) of the UNCITRAL Model Law and Section 24(b) of the Singapore International Arbitration Act (Cap. 143A). The ruling raises interesting issues that w
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Liebscher, C. "Austria adopts the UNCITRAL Model Law." Arbitration International 23, no. 4 (2007): 523–52. http://dx.doi.org/10.1093/arbitration/23.4.523.

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Croft, C. "Australia Adopts the UNCITRAL Model Law." Arbitration International 5, no. 2 (1989): 189–99. http://dx.doi.org/10.1093/arbitration/5.2.189.

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Shami, Aurang Zaib Ashraf, Chand Ashraf, and Usman Asghar. "International Arbitration in Energy Disputes: Lessons from UNCITRAL Case Laws." ACADEMIA International Journal for Social Sciences 4, no. 1 (2025): 175–84. https://doi.org/10.63056/acad.004.01.0054.

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International arbitration is a critical mechanism for resolving energy disputes, offering a neutral and efficient means for addressing complex cross-border issues. This research examines the role of UNCITRAL (United Nations Commission on International Trade Law) case law in shaping arbitration practices within the energy sector. By analyzing key UNCITRAL arbitral decisions, the study identifies emerging trends, procedural challenges, and key lessons learned from past energy-related disputes. It explores how the UNCITRAL Model Law provides a flexible framework for arbitral tribunals, ensuring f
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Bao, Chiann. "Return to Reason: Reigning in Runaway Due Process Claims." Journal of International Arbitration 38, Issue 1 (2021): 59–70. http://dx.doi.org/10.54648/joia2021003.

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Dissertations / Theses on the topic "UNCITRAL model law"

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Lembo, Sara. "The 1996 UK ARbitration Act and the UNCITRAL Model Law: a contemporary analysis." Doctoral thesis, Luiss Guido Carli, 2010. http://hdl.handle.net/11385/200848.

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Arbitration as an alternative method of settling dispute. The development of Arbitration Law in England. The Arbitration Act 1996 versus the UNCITRAL Model Law: an objective and comparative analysis. Recent trends in International Commercial Arbitration: an empirical analysis.
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Lewis, Stewart Dean. "Testing the harmonisation and uniformity of the UNCITRAL model law on international commercial arbitration." Thesis, University of Leicester, 2015. http://hdl.handle.net/2381/32445.

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The 1985 UNCITRAL Model Law attempts to introduce uniformity into the procedural aspects of international commercial arbitration and has been adopted by 97 jurisdictions. This thesis tests the achievement of this objective in Australia, Hong Kong and Singapore in respect of Article 34 (and its equivalent in the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards) which empowers a court to set aside an arbitral award. Uniformity in law is generally considered a matter of function and degree, with absolute uniformity not being required for the achievement of the app
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Gagnon, Hugo-Pierre. "Bill C-55 and the UNCITRAL model law on cross-border insolvency : the harmonization of Canadian insolvency legislation." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101817.

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Bill C-55 proposes amendments to the Canadian Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act tailored on the procedural framework contemplated by the UNCITRAL Model Law on Cross-Border Insolvency. This thesis demonstrates that implementation of these amendments will bring Canadian insolvency law into closer---but by no means complete---alignment with the doctrine of modified universalism reflected in the Model Law. To this end, the thesis undertakes an analysis of the different theoretical approaches to cross-border insolvency, shows the importance of instrument cho
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Wang, Bingdao. "Cross-border insolvency law in China and Hong Kong : a critical analysis based on the UNCITRAL model law on cross-border insolvency." Thesis, University of Leeds, 2018. http://etheses.whiterose.ac.uk/21370/.

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This thesis discusses what features and advantages of the Model Law regime that Chinese law could learn to improve the Chinese cross-border insolvency system at both international and regional levels. Cross-border insolvency is one inevitable consequence of the globalisation of business activity. For solving transnational insolvencies, there is a clash of competing national laws on issues, including the recognition of foreign claims, the process related to the distribution of assets, and different policy preferences for protecting different groups of creditors. The ongoing trend of harmonising
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Al-Fadhel, Faisal M. A. "Party autonomy and the role of the courts in Saudi arbitration law with reference to the arbitration laws in the UK, Egypt and Bahrain and the UNCITRAL model law." Thesis, Queen Mary, University of London, 2010. http://qmro.qmul.ac.uk/xmlui/handle/123456789/353.

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Arbitration plays an effective role in settling commercial disputes. It is indeed the first and oldest means of dispute settlement mankind has ever known. Its importance has shored up the Court System by reducing the burden of backlog of cases. In addition to its wide acceptance as a matter of party autonomy, countries have adopted such a method of dispute settlement in parallel to the existing national judicial system. Saudi Arabia is among the countries that has benefited from arbitration. The new Arbitration law was issued under the Royal Decree Number M/46 dated 12/7/1403 Hejira, - 25 Apri
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Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter." Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.

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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2 The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not ef
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Cantuarias, Salaverry Fernando, and Deville José Luis Repetto. "The new indomitable colt: The problematic standard of motivation of awards required by Peruvian courts." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123379.

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The author makes a critical analysis of the current situation of the Arbitration in Peru, from various court decisions that have identified the standard of motivation that must have an arbitration award. In this way, the author indicates that the consequences of annulling arbitral awards by improper motivation, insufficient motivation or follow criteria of the Arbitral Tribunal are severe and it affects all the progress that has been obtained in the arbitration in these last two decades.<br>El autor hace un análisis crítico la situación actual del Arbitraje en el Perú, a partir de diversas dec
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Potgieter, Johanna Maria. "The importance of the concept of "functional equivalence" for the South African approach to form and writing / J.M. Potgieter." Thesis, Potchefstroom University for Christian Higher Education, 2002. http://hdl.handle.net/10394/9279.

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Elektroniese kommunikasie en handel is 'n verskynsel wat eksponensieel toegeneem het oar die laaste dekade saammet die ontwikkeling en uitbreiding van die Internet. Ten einde kompeterend te wees in die internasionale arena is dit belangrik dat Suid-Afrika 'n klimaat skep waarin elektroniese handel kan floreer. Daar bestaan egter die perspesie dat die huidige regsbedeling onvanpas en onvoldoende is om die kwessies wat ontstaan as gevolg van elektroniese handel te kan hanteer. In 1996 het die kommissie van die Verenigde Nasies gemoeid met internasionale handel, UNCITRAL die Mode/wet oor Elektron
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Nimer, Muna. "A critical examination of aspects of liability for fraudulent electronic funds transfer in English, US and EU law with particular reference to the UNCITRAL Model Law." Thesis, University of Leicester, 2007. http://hdl.handle.net/2381/31094.

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This thesis argues that the scope of the originator and the originator's bank's rights, duties and liabilities for fraudulent international wholesale EFT under English law, is unpredictable and uncertain. The argument relies on analysing the law applying to fraudulent international wholesale EFT in England. This includes the general principles of contract law, agency law and the rules which apply to forged cheques, and the UK Cross-Border Credit Transfer Regulations 1999 which implemented the EU Directive on Cross-Border Credit Transfers 1997. The English law is then compared with Article 4A o
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Yan, Kwok Wing. "Should Hong Kong adopt a unitary regime of arbitration law based on the UNCITRAL Model Law a critical evaluation of the draft Arbitration Bill (December 2007) /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22730229a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008.<br>Title from PDF t.p. (viewed on Oct. 3, 2008) "A dissertation submitted in partial fulfillment of the requirements for the degree of Master of Arts in arbitration and dispute resolution." Includes bibliographical references (p. 78-82)
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Books on the topic "UNCITRAL model law"

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United Nations Commission on International Trade Law. UNCITRAL model law on international commercial arbitration. United Nations, 1995.

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Binder, Peter M. International commercial arbitration in UNCITRAL model law jurisdictions: An international comparison of the UNCITRAL model law on international commercial arbitration. Sweet & Maxwell, 2000.

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Davidson, Fraser. International commercial arbitration: Scotland and the UNCITRAL model law. Green/Sweet & Maxwell, 1991.

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Alvarez, Henri C. Model law decisions: Cases applying the UNCITRAL model law on international commercial arbitration (1985-2001). Kluwer Law International, 2003.

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United Nations Commission on International Trade Law, ed. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions. 3rd ed. Sweet & Maxwell, 2010.

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I, Kavass Igor, Liivak Arno, and Institute for International Legal Information., eds. UNCITRAL model law of international commercial arbitration: A documentary history. W.S. Hein Co., 1985.

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Peter, Binder. International commercial arbitration and conciliation in UNCITRAL model law jurisdictions. 2nd ed. Sweet & Maxwell, 2005.

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Arbitration, Association for International, ed. The UNCITRAL Model Law on International Commercial Arbitration: 25 years. Maklu, 2010.

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Look, Chan Ho. Cross border insolvency: A commentary on the UNCITRAL model law. 3rd ed. Globe Law and Business, 2012.

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Look, Chan Ho. Cross-border insolvency: A commentary on the UNCITRAL model law. 2nd ed. Edited by United Nations Commission on International Trade Law. Globe Law and Business, 2009.

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Book chapters on the topic "UNCITRAL model law"

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Zeller, Bruno, Gautam Mohanty, and Sai Ramani Garimella. "UNCITRAL Model Law." In Enforcement of Foreign Arbitral Awards and the Public Policy Exception. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-2634-0_2.

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Moustaira, Elina. "UNCITRAL Model Law 1997." In International Insolvency Law. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-030-04450-3_5.

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Walters, Robert. "UNCITRAL Arbitration Model Law." In Cybersecurity and Data Laws of the Commonwealth. Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-3935-0_24.

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de Sousa Alves, Clara, and Pedro Ferreirinha. "Bank Insolvencies and the UNCITRAL Model Law." In Bank Insolvency Law in Developing Economies. Routledge, 2022. http://dx.doi.org/10.4324/9781003173984-10.

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Cachard, Olivier. "UNCITRAL model law on electronic transferable records." In Disruptive Technologies, Climate Change and Shipping. Informa Law from Routledge, 2021. http://dx.doi.org/10.4324/9781003155195-4.

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Martínez-Nadal, Apol·lònia, and Josep Lluís Ferrer-Gomila. "Comments to the UNCITRAL Model Law on Electronic Signatures." In Lecture Notes in Computer Science. Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/3-540-45811-5_18.

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Tham, Benjamin. "UNCITRAL Model Law." In Elgar Concise Encyclopedia of International Commercial Arbitration. Edward Elgar Publishing, 2025. https://doi.org/10.4337/9781035313532.00138.

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"The UNCITRAL Model Law." In Maritime Cross-Border Insolvency under the UNCITRAL Model Law Regime. Hart Publishing, 2020. http://dx.doi.org/10.5040/9781509936014.ch-004.

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Luca, Castellani, and Emery Cyril. "Part 1 General and Special Reports, 5 UNCITRAL: UNCITRAL Perspectives on the Hague Principles." In Choice of Law in International Commercial Contracts. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198840107.003.0005.

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This chapter evaluates the relationship between the United Nations Commission on International Trade Law (UNCITRAL) and the Hague Principles. The UNCITRAL texts, starting with the early drafts of the United Nations Convention on Contracts for the International Sale of Goods (CISG), have provided solid ground in support of freedom of contract. In providing a uniform model applicable to multiple jurisdictions, the CISG ensures a high level of safeguard of parties’ wills. In particular, the CISG promotes the well-established principle of party autonomy by virtue of its Article 6, which allows par
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Marianne, Roth. "Part IV International Treaties, 20 UNCITRAL Model Law on International Commercial Arbitration." In Practitioner's Handbook on International Commercial Arbitration. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198784807.003.0020.

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This chapter provides an overview of the Model Law on International Commercial Arbitration (Model Law) of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL Model Law is considered one of the most important texts in international commercial arbitration and serves as a basis for harmonizing national legislation in this field. The chapter examines the drafting process for the UNCITRAL Model Law as well as the underlying objectives and principles of the Model Law, its structure (nine chapters and thirty-six articles), and its adoption by various states. It concludes
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Conference papers on the topic "UNCITRAL model law"

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Agnihotri, Mr Udit. "Indian Perspective On Cyber Law and IPR Issues." In Intellectual Property Rights: Issues and Challenges. The Bhopal School of Social Sciences, 2025. https://doi.org/10.51767/c250624.

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The Model Law on Electronic Commerce on International Trade Law was adopted by the General Assembly of the United Nations (UNCITRAL) on January 30, 1997, and this resolution led to the creation of the Information Technology Act of 2000. One of the crimes with the fastest global growth is cybercrime. The Act addresses certain urgent concerns about technological misuse and has been successful in laying out the framework for rules in the cyberspace; nonetheless, there are other significant gaps that have not been addressed, such as those related to intellectual property. Knowledge or information
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