Practical Arbitration Issues - UK Essay Example | Topics and Well Written Essays - 1500 words

Practical Arbitration Issues - UK - Essay Example Preliminary Preparations Before the disputing parties appoint an arbitrator, one party has to provide a written request for arbitration to the respondent through an arbitration notice3. The arbitration process is assumed to begin at the point where a third party is appointed as arbitrator by agreement of the disputing parties. Having received a letter signed by two disputing parties appointing an arbitrator, it must be noted by the two parties that the arbitration process has formally begun. The parties to the dispute should be aware that the purpose of arbitration is to find a fair resolution of the contention without unnecessary expense or delay4. The parties should further be aware that they have the freedom to agree on how resolutions will be arrived at subject to the legal demands of public interest. Yet again, the parties must be aware that any court of law will not intervene in the arbitration process unless in the case of special appeal5. The arbitration process will begin by the summoning of the parties in dispute for the purpose of confirming their identity and status in relation to the matter in dispute. In order for the arbitrator to be adequately acquainted with the matter or terms of the development contract, the parties will have to submit a copy of the notice of arbitration and confirm that the process of appointing the arbitrator was valid. Furthermore, the parties will have to serve the arbitrator with the original (development) contract for inspection6. It is important that the jurisdiction of the arbitrator is clearly outlined in the early stages of the process. In this case, the arbitrator should reserve the right to rule substantively on their personal jurisdiction. Any objections that arise in respect of the arbitrator’s jurisdiction should be dealt with in line with the law as set out by the Arbitration Act7. In order for the process of arbitration to be effective, the parties must be able to hold meetings and make presentations. The parties in dispute will have to agree on the venue or seat of the arbitration8. The arbitrator, on their own judgement, may choose a seat in the event that the parties fail to agree on a particular seat9. Furthermore, it should be made clear that the statutory laws that will apply during the arbitration. In the case of residents in the UK, the Law of England and Wales may apply. Once the seat has been decided, a date should be set for the commencement of the arbitration, subject to the agreement of the relevant parties. While there are laws that will apply during the arbitration, it is important for the arbitrator to set out specific rules, in writing, that will apply in the process10. These terms and conditions will include elements related to the arbitrator’s independence, compensation, fines, and prohibition of ex parte communications of the parties with the arbitrator on the matter being arbitrated except for administrative purposes. These terms and conditions will be consented to and signed by the parties. The items in dispute will then be identified with both parties presenting their cases. At this point, any important issues related to the matter should be raised by the parties. In addition, arbitrator will identify and record the main contentious issues as well as issues that are contested to by both

Music in our life Essay Example | Topics and Well Written Essays - 500 words

Music in our life - Essay Example Music gets viewed as type of language or speech. Vocal or instrumental music has the ability to deliver messages to the targeted listeners. Music has the power to poses subtler shades of meaning when compared to the spoken word but yet can display much more emotive forces. The innate ability of human beings to respond to musical tones, beats, rhythm, and pattern makes it possible for music to get used as a form of communication to them (UniOrb, 2011). Different music can communicate various messages to the listeners such as those of love, peace, unity, and even aggression. Music has the ability to produce a variety of positive trends on its listeners. Recent research studies pay tribute to the role of music in a modern branch of medicine called music therapy. This branch in medicine is getting notoriety over its therapeutic claims that music assists in accelerating the pace of recovery among patients undergoing either physical therapy, and or post-operative recuperation. Stimulating or relaxing music has the power to accelerate the recovery pace of patients. However, the ability of music to aid in such recovery relies on the ability of the patient to respond to the music and thus music becomes a form of supplementary recovery. Music has been shown to improve creativity among human beings. Music can serve as a muse and inspire to stimulate and activate individuals’ creative processes. A number of artists credit listening to music as having helped them to produce ingenious creations that they would have not been able to come up with on their own. Multiple studies have also linked music studies to academic achievement. A number of topflight professionals make a connection between their passion for music training and success in professional lives (Lipman, 2013). They credit music for opening up pathways to creative thinking. Music training suggests

Final exam, answer question Essay Example | Topics and Well Written Essays - 4500 words

Final exam, answer question - Essay Example External controls are the constraints of the company’s labor market such as governing laws of firing or hiring an employee, minimum wage requirements, and fixed working hours of an employee (Clift, 2014). Therefore, the degree of the labor market flexibility of a company is inversely correlated with the flexibility of external labor controls. For example, business organizations located in the countries with strict external labor laws can have decreased labor market flexibility. Labor deregulation proponents recommend that if the labor market, flexibility is high then levels of unemployment will decrease, and the company experiences long-term productivity. A developmental state concerns in guiding economic growth and development and proper use of country’s resources to meet the citizens’ needs. It tries to stabilize social development and economic growth. A developmental state exploits all county’s resources and uses national influence to eradicate poverty and create economic opportunities. A developmental state is effective to all countries because it shapes the economic structures and outputs of the countries (Clift, 2014). Different nations use various policies and instruments in states including the regulations of commerce and trade, the use of monetary and fiscal policies, the redistribution of possessions and incomes and direct ownership of key companies’ state (Low, 2004). For example, in South Africa, they have committed to build a developmental state that will guide the economic development efficiently through mobilizing society’s resources and directing them in attaining their common goals. The country provides health care, education, social safety and housing to the needy poor people. The developmental state also builds a strong community service, supports the development of small businesses, creates a friendly

INTERNATIONAL RELATIONS Essay Example | Topics and Well Written Essays - 2500 words - 1

INTERNATIONAL RELATIONS - Essay Example Capitalism in the society leads to class structure between halves and halve nodes. The halves are the capitalist who owns all the resources, and have nodes are the labourers whose only means of subsistence is their labour power. The capitalist buy labour in the market likes any other commodity (EyalSzeleÃŒ nyi &Townsley 1998). The surplus of labour in the economy goes into the capitalist in the form of supernormal profit. The surplus arises due to the worker working overtime with no payment. If a worker is assign to work for a certain job within 10 hours, and the worker finishes the task in 7hours, the 3hours extra will go into capitalist profit. Capitalist is society trace origin from 13th to 16th century. The reasons for emergence of capitalism in society were due to the society need to use wealth to create more wealth. In pre-capitalist society, the profit from enterprise was shared among the society members. The land, labour and capital were not factors of production but communal resource. With the emergence of capitalism, labour was viewed as a factor of production. The profit for the entire company goes into the pocket of one person. Capitalism develops fully in 16th century with the industrial revolution and development of companies. Industrial revolution is a period of advancement of industries due technology and innovation. Advances of industries leads to few individuals accumulating a lot of wealth leaving others poor. The companies that were developed were in a group of people but everyone depend on herself. Industrialization lead to emergence of capitalist nations in 17th century that became economically powerful. In a capitalist economy, the level of completion is high to economic scarce resources. The owners of production face completion in prices of goods and services from other individuals in the society. The competition in the society will leads to alienation of the owner and workers. The

Corporate Social Responsibility College Essay Example | Topics and Well Written Essays - 1500 words

Corporate Social Responsibility College - Essay Example (Marrewijk 2003 p 95). The European Commission (2001) defines CSR so that it incorporates social, environmental and economical aspects: CSR is a concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a voluntary basis." (European Commission 2001) Companies like UPS, FedEx, DHL and a large number of other multinational and smaller organisations are beginning to, or indeed already have taken the concept of Corporate Social Responsibility (CSR) very seriously. The logistics and transportation sector plays a positive role in the economic development of societies, spreading opportunity and acting as a backbone for global development and communication, as well as contributing to communities. However, this sector also faces some strong emerging challenges to its perceived social responsibilities. The core business of this industry's direct relation with major sustainability issues such as environmental impact, traffic congestion, energy waste, safety and security, and sustainable infrastructure, puts logistics firms under the careful inspection of various stakeholders. There is a group of consumers who consider CSR in their purchasing decisions (Mohr Webb Harris 2001 p 45). 0ver the past few years, socially responsible consumers have been studied in relation to boycott behaviour (e.g. Klein 2003 p10 ) and cause related marketing (e.g. Polonsky 2001 p8) and it has been found that "negative CSR associations can have a detrimental effect on overall product evaluations, whereas positive CSR associations can enhance product evaluations" (Brown and Dacin 1997, p. 80). Recent surveys in Europe, the U.S. and Australia also suggest consumers do consider CSR policies in their purchasing decisions. The majority of surveyed consumers say they would pay more for goods and services marketed by socially responsible companies. (MORI 2001; Lloyd 2003 p58). Furthermore, as Kotler (1972) predicted, socially responsible consumer behaviour is growing . UPS UPS is one of the most active corporations in logistics sector on CSR issues. They are the biggest of 8 logistic companies in the world with a full triple bottom line report which is aligned with GRI; both sustainability and CSR are mentioned in their annual report for the last 3 years. The UPS website states that sustainability is in the heart of their business strategy. All CSR programs and initiatives are seen as business-as-usual in a well-managed company. Both the Chairman's statement and company mission statement explicitly states the importance of being a good corporate citizen. The Annual report includes a section called "Our Sustainability Statement". UPS has consistently ranked among the most admired companies in the country. They have reinforced the reputation of dependability and reliability by being conservative financially, being good corporate citizens and emphasizing social responsibility in the community. UPS is a tough competitive company but they understand the responsibility of a market leader. UPS policy promotes initiatives with the United Way, developing sustainability, increasing diversity, and limiting

Designing a course in technology-Enhanced learning for Adult learners Essay

Designing a course in technology-Enhanced learning for Adult learners - Essay Example This paper aims to present a discussion that revolves around principles of learning design. The focus is to design a unit assessment plan that will educate 65 year old adults on prevention, treatment, and management of foot related complications. Some of the skills that the unit assessment aims to establish among the older population include synthesis of instruction, exploration skills, designing skills, collaboration, and reflection skills. Technological transformations have prompted the majority of educators to adopt newer and advanced forms of newer technology in teaching. Teachers in institutions of higher learning have opted for the use of e-mails, PowerPoint presentations, education applications, and design Web sites to pass knowledge and information to learners (Caulfield, 2011). The mode of connecting teaching to learning has formed the center of current debate, with critics questioning the validity of the relationship. This is because they have argued that such learning techniques are vulnerable to losing their validity with changes in technology. On the other hand, proponents have highly held the phenomenon, citing their value in expanding the learning and teaching experience. Rogers (2003) maintains that the application of skills in learning and teaching is crucial, as it determines the effectiveness of the teaching and learning experiences. When a new technology emerges, there are various levels that educators should undergo in their endeavors to fully adopt any technological model of teaching (Rogers, 2003). However, recent research has revealed that some learning sessions have not fully benefited from the advantages of employing technological based teaching and learning experiences. This is because of the different degrees of adaptation by teachers. Analysts have argued that educators should follow the right procedure in their quest to make some technology based models of teaching part of their professional initiative. Some of the

Ecotourism in Zanzibar and Kenya Essay Example | Topics and Well Written Essays - 1000 words

Ecotourism in Zanzibar and Kenya - Essay Example Ecotourism has been argued to play vital roles in salvaging some of the world’s endangered ecosystem. Proponents of the concept also believe that it provides a platform through which state or society can develop or adopt sustainable economic strategies so as to safeguard biological resources. It is worrying to point out the fact that most communities that own biological resources have been pursuing environmentally-damaging strategies. Ideally, ecotourism is helpful in finding a compromise between preserving the natural environment and pursuing development. Even though some countries have successful implemented this concept, others still face a great deal of challenges. Zanzibar and Kenya are some of the few African countries that have successfully implemented ecotourism concept. This essay compares and contrasts some of the ecotourism practices that have been implemented in Zanzibar and Kenya (Honey, 1999). Similarities Creation of the Independent Ecotourism Society (TIES) In both Zanzibar and Kenya, The International Ecotourism Society (TIES) was formed purposely to get a tourism that is friendly to the natural environment and culture of a country. In both countries, the body has employed people who travel from one natural area to another to ascertain the nature of tourism that would conserve the environment and improves well-being of the people (Honey, 1999). The body has been working hard to change the perceptions of the tourists, create environmental awareness and explore natural environments. The independent body is constantly working a vast number of collaborators and supporters. In both countries, the body has attracted members from diverse cultural backgrounds. They draw knowledge from these members and utilize them as channels for spreading information about ecotourism. Ecotourism’s conservation efforts and strategies (Visitors’ attitudes and feedback) In Zanzibar and Kenya, visitors’ attitudes and feedback on ecotourism in the country is taken seriously as it is incorporated into ecotourism management tourism. The information provided by visitors helps in predicting the consequences of actions on the ecotourism experience. It is crucial for any country to take into account satisfaction of tourists and ecological-well being (Honey, 1999). The two countries have been monitoring and assessing the conditions and situations of the sites commonly visited by tourists, and this has helped in the creation and protection of recreational resources for visitors. In addition, this has aid the provision of appropriate recreational experiences. Ideally, the two countries have been using visitor perceptions of the potential effects of tourists to ascertain indicators of monitoring environmental conditions. For example, Kenyan government, through the Ministry of Tourism and Natural Resources, has been utilizing data on visitors experience about the environmental impacts in Maasaai Mara and Amboseli (Honey, 1999). Main streaming sustainable tourism principles in states policies and programs In the 1980s, tourism sector in Kenya and Zanzibar was completely unplanned. Both governments were weak in their tourist planning and regulation. In addition, they were not even able to implement some of its ecotourism projects. However, this situation changed rapidly in towards the end of 20th century. In Zanzibar, the International Workshop on Ecotourism and Environmental Conservation of 1994 was a turning point of the Zanzibar’s tourism industry. Since then, Zanzibar has mainstreamed its tourist policies and programs to integrate the policy makers to ecotourism programs. This is also happening in Kenya. This practice is implemented using ecotourism workshops and study trips (Honey, 1999). Role of NGOS and