C/P DISPUTES / CLAIMS/ ARBITRATION(law lawyer consultants firm maritime shipping).

COURSEWORK: PROVIDE A DETAILED ANALYSIS OF THE CHANGES THE NEW ENGLISH ARBITRATION ACT 1996 HAS BROUGHT TO ENGLISH MARITIME ARBITRATION AND TO WHAT EXTENT THE NEW RULES HAVE SUCCEEDED IN RECTIFYING THE PREVIOUS DEFECTS OF ARBITRATION IN ENGLAND (law lawyer consultants firm maritime shipping).

The new Act provides arbitration users with a modern laws to encourage faster and less complicated arbitrations(law lawyer consultants firm maritime shipping). In order all this to be successful the Act increase the freedom to the parties and broad new powers to arbitration(law lawyer consultants firm maritime shipping). Perhaps the major improvement to be “party autonomy” this principle protects the parties’ freedom to choose and define the arbitration procedure(law lawyer consultants firm maritime shipping). The Act encourages parties not to follow English rules of courts procedure with which foreign parties will not be familiar(law lawyer consultants firm maritime shipping). In addition Act makes specific provision for some aspects of procedure and practice that are foreign to English court proceedings such as inquisitorial initiatives by arbitral tribunals and “neutral”(law lawyer consultants firm maritime shipping).

Some of the major improvements in the new laws are the following:

-The Act brings together and restates in simple, the English laws on arbitration which was previously spread out over three statutes and in many court decisions(law lawyer consultants firm maritime shipping). - The Act is based on the principles of fairness, impartiality and avoidance of unnecessary delay(law lawyer consultants firm maritime shipping). -Courts’ power to intervene and in and supervise arbitrations is greatly reduced(law lawyer consultants firm maritime shipping). -Arbitrators’ powers have been increased(law lawyer consultants firm maritime shipping). Arbitrators will decide security for costs and whether arbitration can be dismissed for want of prosecution(law lawyer consultants firm maritime shipping). -The Act states that parties’ decision is to resolve their disputes through private arbitration in cases where the contract containing the arbitration clause may be void(law lawyer consultants firm maritime shipping). -The Act ensures that arbitration proceedings, meetings, hearings can take place outside London(law lawyer consultants firm maritime shipping). -The arbitration agreement has to be in writing(law lawyer consultants firm maritime shipping). -Arbitrators have the power to award compound interest(law lawyer consultants firm maritime shipping).

calling the base address of a module an HINSTANCE is somewhat confusing, because the term instance handle comes from 16-bit Windows(law lawyer consultants firm maritime shipping). Each copy of an application in Winl6 gets its own separate data segment (and an associated global handle) that distinguishes it from other copies of the application; hence the term, instance handle(law lawyer consultants firm maritime shipping). In Win32, applications don't need to be distinguished from one another because they don't share the same address space(law lawyer consultants firm maritime shipping). Still, the term HINSTANCE persists to keep at least the appearance of continuity between Winl6 and Win32(law lawyer consultants firm maritime shipping). What's important for Win32 is that you can call GetModuleHandle() for any DLL that your process uses, and get a pointer that you can use to access the module's components(law lawyer consultants firm maritime shipping). By components, we refer to its imported and exported functions, its relocations, its code and data sections, and so on(law lawyer consultants firm maritime shipping). Another concept to be familiar with when investigating PE files and COFF OBJs is the section(law lawyer consultants firm maritime shipping). A section in a PE file or COFF OBJ file is roughly equivalent to a segment or the resources in a 16-bit NE file(law lawyer consultants firm maritime shipping). Sections contain either code or data(law lawyer consultants firm maritime shipping). Some sections contain code or data that your program declared and uses directly, while other data sections are created for you by the linker and librarian, and contain information vital to

Chapter 3: Windows Anatomy the operating system(law lawyer consultants firm maritime shipping). In some of Microsoft's descriptions of the PE format, sections are also referred to as objects(law lawyer consultants firm maritime shipping). This term has so many possibly conflicting meanings, however, that I'll stick to calling the code and data areas sections(law lawyer consultants firm maritime shipping). Before jumping into the details of the PE file, examine the figure below, which shows the overall layout of a PE file(law lawyer consultants firm maritime shipping). 3(law lawyer consultants firm maritime shipping).3(law lawyer consultants firm maritime shipping).3 The PE Header The first stop on our tour of the PE format is the PE header(law lawyer consultants firm maritime shipping). Like all other Microsoft executable file formats, the PE file has a collection of fields at a known (or easy-to-find) location that define what the rest of the file looks like(law lawyer consultants firm maritime shipping). The PE header contains vital pieces of information such as the location and size of the code and data

Chapter 3: Windows Anatomy areas, what operating system the file is intended to be used with, and the initial stack size(law lawyer consultants firm maritime shipping). As with other executable formats from Microsoft, the PE header isn't at the very beginning of the file(law lawyer consultants firm maritime shipping). Instead, the first few hundred bytes of the typical PE file are taken up by the DOS stub(law lawyer consultants firm maritime shipping). This stub is a minimal DOS program that prints out something to the effect of "This program cannot be run in DOS mode(law lawyer consultants firm maritime shipping)." The intent is that if you run a Win32 program in an environment that doesn't support Win32, you'll get an informative (and frustrating) error message(law lawyer consultants firm maritime shipping). When the Win32 loader memory maps a PE file, the first byte of the file mapping corresponds to the first byte of the DOS stub(law lawyer consultants firm maritime shipping). That's right(law lawyer consultants firm maritime shipping). With every Win32 program you start up, you get a complimentary DOS program loaded for free! (In Win16, the DOS stub isn't loaded into memory(law lawyer consultants firm maritime shipping).) As in other Microsoft executable formats, you find the real header by looking up its starting offset, which is stored in the DOS header(law lawyer consultants firm maritime shipping). The WINNT(law lawyer consultants firm maritime shipping).H file includes a structure definition for the DOS stub header that makes it very easy to look up where the PE header starts(law lawyer consultants firm maritime shipping). The e_lfanew field is a relative offset (or RVA, if you prefer) to the actual PE header(law lawyer consultants firm maritime shipping). To get a pointer to the PE header in memory, just add the field's value to the image base: // Ignoring typecasts and pointer conversions for clarity(law lawyer consultants firm maritime shipping).(law lawyer consultants firm maritime shipping).(law lawyer consultants firm maritime shipping). pNTHeader = dosHeader + dosHeader->e_lfanew; Once you have a pointer to the main PE header, the real fun begins(law lawyer consultants firm maritime shipping). The main PE header is a structure of type IMAGE_NT_HEADERS, defined in WINNT(law lawyer consultants firm maritime shipping). H(law lawyer consultants firm maritime shipping). The IMAGE_NT_HEADERS structure in memory is what Windows 95 uses as its in-memory module database(law lawyer consultants firm maritime shipping). Each loaded EXE or DLL in Windows 95 is represented by an IMAGE_NT_HEADERS structure(law lawyer consultants firm maritime shipping). This structure is composed of a DWORD and two substructures, and is laid out as follows:

The time and date that the linker (or compiler for an OBJ file) produced this file(law lawyer consultants firm maritime shipping). This field holds the number of seconds since December 31, 1969, at 4:00 P(law lawyer consultants firm maritime shipping).M(law lawyer consultants firm maritime shipping). DWORD PointerToSymbolTable The file offset of the COFF symbol table(law lawyer consultants firm maritime shipping). This field is used only in OBJ files and PE files with COFF debug information(law lawyer consultants firm maritime shipping). PE files support multiple debug formats, so debuggers should refer to the IMAGE_DIRECTORY_ENTRY_DEBUG entry in the data directory (defined later)(law lawyer consultants firm maritime shipping). DWORD NumberOfSymbols The number of symbols in the COFF symbol table(law lawyer consultants firm maritime shipping). See the preceding field(law lawyer consultants firm maritime shipping). WORD SizeOfOptionalHeader The size of an optional header that can follow this structure(law lawyer consultants firm maritime shipping). In executables, it is the size of the IMAGE_OPTIONAL_HEADER structure that follows this structure(law lawyer consultants firm maritime shipping). In OBJs, Microsoft says this field is supposed to always be 0(law lawyer consultants firm maritime shipping). However, in dumping out the KERNEL32(law lawyer consultants firm maritime shipping).LIB import library, there's an OBJ in there with a nonzero value in this field, so take their advice with a grain of salt(law lawyer consultants firm maritime shipping). WORD Characteristics Flags that contain useful information about the file(law lawyer consultants firm maritime shipping). Some important fields are described here (other fields are defined in WINNT(law lawyer consultants firm maritime shipping). H): Flag Comment 0x0001 There are no relocations in this file(law lawyer consultants firm maritime shipping). 0x0002 File is an executable image (that is, not a OBJ or LIB)(law lawyer consultants firm maritime shipping). 0x2000 File is a dynamic link library, not a program(law lawyer consultants firm maritime shipping).

Chapter 3: Windows Anatomy 3(law lawyer consultants firm maritime shipping).3(law lawyer consultants firm maritime shipping).3(law lawyer consultants firm maritime shipping).2 Image Optional Header The third component of the PE header is a structure of type IMAGE_OPTIONAL_HEADER(law lawyer consultants firm maritime shipping). For PE files, this portion certainly isn't optional(law lawyer consultants firm maritime shipping). The COFF format allows individual implementations to define a structure of additional information beyond the standard IMAGE_FILE_HEADER(law lawyer consultants firm maritime shipping). The fields in the IMAGE_OPTIONAL_HEADER are what the PE designers felt was critical information beyond the basic information in the IMAGE_FILE_HEADER(law lawyer consultants firm maritime shipping). All the fields of the IMAGE_OPTIONAL_HEADERS aren't necessarily critical for you to know(law lawyer consultants firm maritime shipping). The more important ones are the ImageBase and the Subsystem fields(law lawyer consultants firm maritime shipping). If you want, you can skim over or skip the following description of the fields(law lawyer consultants firm maritime shipping). WORD Magic A signature WORD that identifies the state of the image file(law lawyer consultants firm maritime shipping). The following values are defined: Flag Desciption 0x0107 A ROM Image 0x010B A normal executable file (most files contain this value) BYTE MajorL inkerVersion BYTE MinorLinkerVersion The version of the linker that produced this file(law lawyer consultants firm maritime shipping). The numbers should be displayed as decimal values, rather than as hex(law lawyer consultants firm maritime shipping). A typical linker version is 2(law lawyer consultants firm maritime shipping).23(law lawyer consultants firm maritime shipping). DWORD SizeOfCode The combined and rounded-up size of all the code sections(law lawyer consultants firm maritime shipping). Usually, most files have only one code section, so this field typically matches the size of the (law lawyer consultants firm maritime shipping).text section(law lawyer consultants firm maritime shipping).

Chapter 3: Windows Anatomy DWORD SizeOfinitializedData This is supposedly the total size of all the sections that are composed of initialized data (not including code segments(law lawyer consultants firm maritime shipping).) However, it doesn't seem to be consistent with the size of the initialized data sections in the file(law lawyer consultants firm maritime shipping). DWORD SizeOfUninitializedData The size of the sections that the loader commits space for in the virtual address space, but that don't take up any space in the disk file(law lawyer consultants firm maritime shipping). These sections don't need to have specific values at program startup, hence the term uninitialized data(law lawyer consultants firm maritime shipping). Uninitialized data usually goes into a section called(law lawyer consultants firm maritime shipping). DWORD AddressOfEntry The address where the image begins execution(law lawyer consultants firm maritime shipping). This is an RVA, and usually can be found in the (law lawyer consultants firm maritime shipping).text section(law lawyer consultants firm maritime shipping). This field is valid for both EXEs and DLLs(law lawyer consultants firm maritime shipping). DWORD BaseOfCode The RVA where the file's code sections begin(law lawyer consultants firm maritime shipping). The code sections typically come before the data sections, and after the PE header in memory(law lawyer consultants firm maritime shipping). This RVA is usually 0x1000 in Microsoft Link produced EXEs(law lawyer consultants firm maritime shipping). Borland's TLINK32 typically has a value of 0x10000 in this field because it defaults to aligning objects on 64K boundaries, rather than 4K like the Microsoft linker(law lawyer consultants firm maritime shipping). DWORD BaseOfData The RVA where the file's data sections begin(law lawyer consultants firm maritime shipping). The data sections typically come last in memory, after the PE header and the code sections(law lawyer consultants firm maritime shipping). DWORD ImageBase When the linker creates an executable, it assumes that the file will be memory mapped to a specific location in memory(law lawyer consultants firm maritime shipping). That address is stored in this field(law lawyer consultants firm maritime shipping). Assuming a load address allows linker optimizations to take place(law lawyer consultants firm maritime shipping). If the file really is memory mapped to that address by the loader, the code doesn't need any patching before it can

Chapter 3: Windows Anatomy be run(law lawyer consultants firm maritime shipping). I'll talk more about this in the discussion of the base relocations(law lawyer consultants firm maritime shipping). In NT 3(law lawyer consultants firm maritime shipping).1 executables, the default image base was 0x10000(law lawyer consultants firm maritime shipping). For DLLs, the default was 0x400000(law lawyer consultants firm maritime shipping). In Windows 95, the address 0x10000 can't be used to load 32-bit EXEs because it lies within a linear address region that's shared by all processes(law lawyer consultants firm maritime shipping). Therefore, in Windows NT 3(law lawyer consultants firm maritime shipping).5, Microsoft changed the default base address for Win32 Executables to 0x400000(law lawyer consultants firm maritime shipping). Older programs that were linked assuming a base address of 0x10000 will take longer to load under Windows 95 because the loader needs to apply the base relocations(law lawyer consultants firm maritime shipping). I'll describe base relocations in detail later(law lawyer consultants firm maritime shipping). DWORD SectionAlignment When mapped into memory, each section is guaranteed to start at a virtual address that's a multiple of this value(law lawyer consultants firm maritime shipping). For paging reasons, the minimum section alignment is 0x1000, which is what the Microsoft linker uses by default(law lawyer consultants firm maritime shipping). Borland C++'s TLINK defaults to 0x10000 (64KB)(law lawyer consultants firm maritime shipping). DWORD FileAlignment In the PE file, the raw data that comprises each section is guaranteed to start at a multiple of this value(law lawyer consultants firm maritime shipping). The default value is 0x200 bytes, probably to ensure that sections always start at the beginning of a disk sector (which are also 0x200 bytes in length)(law lawyer consultants firm maritime shipping). This field is equivalent to the segment/resource alignment size in NE files(law lawyer consultants firm maritime shipping). Unlike NE files, PE files typically don't have hundreds of sections, so the space wasted by aligning the file sections is usually very small(law lawyer consultants firm maritime shipping). WORD Subsystem The type of subsystem that this executable uses for its user interface(law lawyer consultants firm maritime shipping). WINNT(law lawyer consultants firm maritime shipping). H defines the following values:

Chapter 3: Windows Anatomy Subsystem Value Comment Native 1 Doesn't require a subsystem (for example, a device driver) Windows_GUI 2 Runs in the Windows GUI subsystem Windows_GUI 3 Runs in Windows character subsystem (console application) OS2_GUI 5 Runs in the OS/2 character subsystem (OS/2 1(law lawyer consultants firm maritime shipping).x only) POSIX_GUI 7 Runs in the Posix character subsystem WORD DllCharacteristics (marked asobsolete in NT 3(law lawyer consultants firm maritime shipping).5) A set of flags indicating which circumstances a DLL's initialization function (for example, DllMain()) will be called for(law lawyer consultants firm maritime shipping). This value appears to always be set to 0, yet the operating system still calls the DLL initialization function for all four events(law lawyer consultants firm maritime shipping). The following values are defined: Value Explanation 1 Call when DLL is first loaded into a process's address space 2 Call when a thread terminates 4 Call when a thread starts up 8 Call when DLL exits DWORD SizeOfStackReserve The amount of virtual memory to reserve for the initial thread's stack(law lawyer consultants firm maritime shipping). Not all of this memory is committed, however (see the next field)(law lawyer consultants firm maritime shipping). This field defaults to 0x100000 (1MB)(law lawyer consultants firm maritime shipping). If you specify 0 as the stack size to CreateThread(), the resulting thread will also have a stack of this same size(law lawyer consultants firm maritime shipping). DWORD SizeOfStackCommit The amount of memory that's initially committed for the initial thread's stack(law lawyer consultants firm maritime shipping). This field defaults to 0x1000 bytes (1 page) in Microsoft Linkers, while TLINK32 sets it to 0x2000 bytes (2 pages)(law lawyer consultants firm maritime shipping).

Chapter 3: Windows Anatomy DWORD SizeOfHeapReserve The amount of virtual memory to reserve for the initial process heap(law lawyer consultants firm maritime shipping). This heap's handle can be obtained by calling GetProcessHeap()(law lawyer consultants firm maritime shipping). Not all of this memory is committed (see the next field)(law lawyer consultants firm maritime shipping). DWORD SizeOfHeapCommit The amount of memory initially committed in the process heap(law lawyer consultants firm maritime shipping). The linker defaults to putting 0x1000 bytes in this field(law lawyer consultants firm maritime shipping). DWORD LoaderFlags (marked as obsolete in NT 3(law lawyer consultants firm maritime shipping).5) From WINNT(law lawyer consultants firm maritime shipping). H, these appear to be fields related to debugging support(law lawyer consultants firm maritime shipping). I've never seen an executable with either of these bits enabled, nor is it clear how to get the linker to set them(law lawyer consultants firm maritime shipping). The following values are defined: Value Possible(!) Explanation 1 Invoke a breakpoint instruction before starting the process 2 Invoke a debugger on the process after it's been loaded DWORD NumberOfRvaAndSizes The number of entries in the DataDirectory array (see the following field description)(law lawyer consultants firm maritime shipping). This value is always set to 16 by the current tools(law lawyer consultants firm maritime shipping). IMAGE_DATA_DIRECTORY DataDirectory[IMAGE_NUMBEROF_DIRECTORY_ENTRIES] An array of IMAGEDATA_DIRECTORY structures(law lawyer consultants firm maritime shipping). The initial array elements contain the starting RVA and sizes of important portions of the executable file(law lawyer consultants firm maritime shipping). Some elements at the end of the array are currently unused(law lawyer consultants firm maritime shipping). The first element of the array is always the address and size of the exported function table (if present)(law lawyer consultants firm maritime shipping). The second array entry is the address and size of the imported function table, and so on(law lawyer consultants firm maritime shipping). For a complete list of defined array entries, see the IMAGE_DIRECTORY_ENTRY_xxx #define's in WINNT(law lawyer consultants firm maritime shipping). H(law lawyer consultants firm maritime shipping).

Chapter 3: Windows Anatomy The intent of this array is to allow the loader to quickly find a particular section of the image (for example, the imported function table), without needing to iterate through each of the image's sections, comparing names as it goes along(law lawyer consultants firm maritime shipping). Most array entries describe an entire section's data(law lawyer consultants firm maritime shipping). However, the IMAGE_DIRECTORY_ENTRY_DEBUG element encompasses only a small portion of the bytes in the (law lawyer consultants firm maritime shipping).rdata section(law lawyer consultants firm maritime shipping). There's more information on this in "The (law lawyer consultants firm maritime shipping).rdata section" portion of this chapter(law lawyer consultants firm maritime shipping). 3(law lawyer consultants firm maritime shipping).3(law lawyer consultants firm maritime shipping).4 Section Table Between the PE header and the raw data for the image's sections lies the section table(law lawyer consultants firm maritime shipping). The section table contains information about each section in the image(law lawyer consultants firm maritime shipping). The sections in the image are sorted by their starting address rather than alphabetically(law lawyer consultants firm maritime shipping). At this point, it would be worthwhile to clarify what a section is(law lawyer consultants firm maritime shipping). In an NE file, your program's code and data are stored in distinct segments in the file(law lawyer consultants firm maritime shipping). Part of an NE header is an array of structures, one for each segment your program uses(law lawyer consultants firm maritime shipping). Each structure in the array contains information about one segment(law lawyer consultants firm maritime shipping). The stored information includes the segment's type (code or data), its size, and its location elsewhere in the file(law lawyer consultants firm maritime shipping). In a PE file, the section table is analogous to the segment table in the NE file(law lawyer consultants firm maritime shipping). Unlike an NE file segment table though, a PE section table doesn't store a selector value for each code or data chunk(law lawyer consultants firm maritime shipping). Instead, each section table entry stores an address where the file's raw data has been mapped into memory(law lawyer consultants firm maritime shipping). Although sections are analogous to 32-bit segments, they really aren't individual segments(law lawyer consultants firm maritime shipping). Instead, a section simply corresponds to a memory range in a process's virtual address space(law lawyer consultants firm maritime shipping). Another way in which PE files diverge from NE files is how they manage the supporting data that your program doesn't use, but that the operating system does(law lawyer consultants firm maritime shipping). Two examples are the list of DLLs that the executable uses and the location of the fix-up table(law lawyer consultants firm maritime shipping). In an NE file, resources aren't considered to be segments(law lawyer consultants firm maritime shipping).

-The parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest(law lawyer consultants firm maritime shipping). Some of the new points are in truth not so new: 1(law lawyer consultants firm maritime shipping). the parties may agree that a matter be dealt with on a: documents only” basis, 2(law lawyer consultants firm maritime shipping). The parties may determine whether statements of claim and defence should consist of formal pleadings or informal submissions(law lawyer consultants firm maritime shipping). 3(law lawyer consultants firm maritime shipping). The parties may agree on how evidence should be enduced(law lawyer consultants firm maritime shipping). 4(law lawyer consultants firm maritime shipping). The parties can now agree the role the arbitrator should play in the proceedings(law lawyer consultants firm maritime shipping). -In matters governed by this Part the court should not intervene except provided by this Part(law lawyer consultants firm maritime shipping).