arbitration
2 pages (500 words) , Essay
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...Arbitration Arbitration Alternative dispute resolution is popular as external dispute approaches to conflict resolution. They are dispute resolution techniques, which act as a way for most of the disagreeing parties establishes an agreement away from litigation. It also includes a collective terminology for the avenues in which parties can address disputes through the assistance of a third party. Irrespective of the historic resistance to the approaches from many parties and respective advocates, the approach continues to gain widespread acceptance across both the legal profession and the public in recent past. In fact, many courts require that some...
arbitration
2 pages (500 words) , Essay
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...Arbitration Arbitration is an alternative form of dispute resolution. This approach provides parties to a conflict with an alternative to resolve the dispute without litigating. The two parties to a dispute elect an impartial third party to hear them and then make an award based on the evidence and testimony of the parties. Although the process is conducted out of court, the parties are both given an opportunity to participate in a hearing and they are allowed to give evidence. The arbitrators award in arbitration cases is often final and courts rarely reexamine such awards. Additionally, other characteristics of...
Arbitration
10 pages (2500 words) , Download 1 , Coursework
...Arbitration The Concept of Arbitration as a Type of ADR The idea of Arbitration usually arises in a situation of settlement of a deal. Arbitration refers to a range of procedures for resolving disputes out of courts of law. It is a type of Alternative Dispute Resolution (ADR). The term ADR includes different forms of processes, which are sponsored by different organizations with a variety of rules. Parties involved in disputes usually choose these types of ADR to reach a decision about their arguments instead of subjecting their cases to traditional litigation procedures. The advantage of arbitration is that parties can manipulate it to suit their specific requirements. In the present world... ?...
Arbitration
1 pages (250 words) , Assignment
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...arbitration. Baker (and others who had purchased the homes from Osborne) were all informed of this by HBW by separate booklet after signing the original contract. Baker and the others are not bound by the arbitration agreement because they did not directly agree to it, as well as the fact that they were never specifically... In the case of Baker vs. Osborne Development Corp., Thomas Baker, a homeowner, brought suit against Osborne for defects in housing that Baker had purchased, and Osborne had constructed. However, Osborne had already enrolled the buyers in a Home Warranty program, administered by Home Buyers Warranty (HBW) that specifically told the homeowners that any disputes would be solved by...
Arbitration
10 pages (2500 words) , Coursework
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...Arbitration The arbitration clause in a contract which is a common feature in all international contracts is an agreement separate from the underlying contract and hence known as the “bedrock” of international arbitration.1 The arbitration agreement must be carefully drafted so as to provide for the rights of the parties and their duties to submit to arbitration proceedings and competence of arbitral tribunal to resolve disputes. National courts (appointing authority) also have a role to play in referring the parties to arbitration. Parties to the dispute have rights to...
arbitration
1 pages (250 words) , Coursework
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...Arbitration affiliation Separability used in Arbitration The doctrine of separability has been acceptable in the USA and Europe for a long time now. In England, the clause of arbitration legislation has been separate, and it is enshrined in the 1698 Arbitration Act. The Act had been established to allow arbitration clauses to be part of the rules in the court when the involved parties agree to it. However, in a case in England of Kill Verse Hollister a ruling (1746) was made that the arbitration clause was not in spirit with the 1698 Act, rendering it incapable of being enforced through the judicial process. When a law doctrine does not adequately serve the purpose of complementing... Separability in...
Arbitration
5 pages (1250 words) , Essay
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...Arbitration is just like an ordinary court proceeding, except that it is not judicial in nature but administrative. In an arbitration proceeding, thecase is made known to a specific government agency that will provide administrative services to parties, the complainant and the respondent, before and during the arbitration. There are numerous arbitration and mediation agencies, some established or connected with the national government. These agencies are devoted to settle disputes between two conflicting parties without the need of going through judicial proceeding or litigation. Arbitration is the...
Arbitration
3 pages (750 words) , Assignment
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...Arbitration Findings The Mr. O’Connell has the burden of proof, that is, the individual initiating the lawsuit also known as the plaintiff. He holds the burden of proving his case by the majority of the evidence. He must offer facts of his claimed damages by indicating that the incident was more likely as alleged than not. 49.9% versus 50.1%. The case that can be built from this incident could be one of harassment at deviation from the school’s code of ethics. One could also argue of racially initiated injustices. If the arbitrator jury or judge believes that the student and Mr. O’Connell are of equal argument, this implies that the teacher failed his stance on the burden of proof. In short...
Arbitration
3 pages (750 words) , Case Study
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...arbitration. 2. if you were the manager, what could you have done to avoid this stage of the proceedings. The greatest difficulty the manager has in this situation is obtaining a truthful account of what happened. The claimant did not seek his line manager's advice at the time that he alleges he saw his name crossed out. Nor would it appear that until matters had reached a head did the claimant make any... Some thing rotten It is clear that this is a situation that was allowed to get out of control. please make an analysis of the situation Outline the conflicts that exist(s) in this case. The claimant is a deaf and partially blind recent arrival to the country. However he is clearly intelligent and...
International Arbitration
1 pages (250 words) , Download 0 , Assignment
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...arbitration agreement is substantively affected when: a) The arbitration agreement is incapable of being performed. b) When parties cannot agree on the jurisdiction of laws to be used in their case. c) There is a waiver of the right to arbitrate (Born, 2015). d) If the issue at hand relates to personal status of a party or protection of other party. e) The nature of the dispute is impossible to solve through arbitration. f) When arbitrating tribunal views that such arbitration is invalid. 9. Reasons why international arbitration agreements should be in writing include: a) The need to demonstrate that the other... Chapter 4-Questions Chapter 4-Questions 8. The validity of an international...
International Arbitration
10 pages (2500 words) , Research Paper
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...ARBITRATION-COMPARE AND CONTRAST WITH PEOPLE'S REPUBLIC OF CHINA AND HONG KONG The court in any state is a respected institution because of the position it holds in the nation. In many countries today it is the national court that decides on most of the crucial matters regarding the welfare of the citizens as well as foreigners in that nation. Mainland China and Hong Kong are not ruled out in this and each of them has a court that judges the various cases that arise within the country. This research proposal is a light of what is expected out a research on the court's supervision and assistance in international arbitration comparing... and contrasting with the People's Republic of China and...
Arbitration Law
5 pages (1250 words) , Essay
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...ARBITRATION LAW By 31, Mar Arbitration, as an alternative dispute resolution mechanism, envisages settlement of disputes out of court, by an impartial tribunal.1 The parties have latitude to elect the law governing arbitration,2 language of the arbitration, rules that govern the arbitration3, language applicable to them and the seat of arbitration4. Courts must support and supervise the arbitration process so as to ensure the integrity of the arbitral process and protect the public interest. Nevertheless, this should not sacrifice or prejudice confidence of the users of the...
International Arbitration
8 pages (2000 words) , Download 1 , Dissertation
...Arbitration 3 Chapter Introduction 3 Chapter 2 – Research Methodology 6Chapter 3 – Literature Review 7 Case Studies 20 Chapter 4 – Discussion 36 Chapter 5 – Conclusion 40 Bibliography 44 Abstract This research work deals with the effectiveness of Investment Treaty Arbitration in resolving the disputes. This work is divided in to 5 chapters. The First Chapter provides an Introduction to the topic. In this regard, several investment arbitration treaties were examined. Emergence of these investment treaties and development of private international arbitration has been examined in this chapter. The Second Chapter deals with the research... ? TABLE OF CONTENTS 2 Shortcomings with International Investment...
Arbitration Law
12 pages (3000 words) , Essay
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...arbitration (commenting on at least one civil and one common law jurisdiction) With the rapid strides made by the world financial and business communities, it has become imperative for businesses to have a proven method of resolving business disputes promptly, expeditiously and constructively. When businesses grow and expand it is natural that disputes will arise. In wake of this, parties often favor a private and informal settlement of disputes, in a businesslike fashion that enable them to further their business interests without strangling their business relationship. It is for such occasions that arbitration is designed... —for prompt, pragmatic and efficient...
UK Arbitration
14 pages (3500 words) , Download 1 , Essay
...Arbitration Introduction Arbitration today is commonly used to resolve commercial disputes most specifically in the context of international commercial transactions although labour, consumer, investors, family and even states disputes are encompassed. Whilst the creation of the Court symbolised the development of methods for the peaceful settlement of international disputes, the origins of which can be said to go back to classical times. But specifically, Article 33 of the United Nations Charter listed down the following methods for the pacific settlement of disputes between States: negotiation, enquiry, mediation, conciliation,...
Arbitration Law
18 pages (4500 words) , Assignment
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...arbitration to reference to litigation and even mediation. Reference to litigation, also known as Jurisdiction Clause, is done through the courts. The jurisdiction clause is added when parties to a contract want a certain court, or a specific number of courts, to determine their case. However, including the jurisdiction clause into the contract in a situation where the parties have settled on an alternative forum as their most preferred is outlawed7. 2. Jurisdiction Clauses This clause is one of the considerations to be made when drafting a standard dispute resolution clause8. As indicated above, the jurisdiction... SECTION A: LAW REPORT ON THE STANDARD DISPUTE RESOLUTION CLAUSE The law to be used in...
International Arbitration
6 pages (1500 words) , Download 2 , Dissertation
...arbitration being addressed in the dissertation makes it an indispensable prerequisite to inquire into the broader aspects of research methodology, which are of diverse proportion. Many law dissertations rely mainly upon cases, statutes and academic commentary. However, to inquire, to arrive at the ultimate result and to redress the problem being addressed, certain pre-existing research philosophy in addition to adoption of the correct research strategy and research methodology was taken aid of, for successful completion of the research. The answer to the problems in this research would be best found... ?METHODOLOGY The multifarious problems relating to interim measures with reference to international...
Mandatory Arbitration
2 pages (500 words) , Coursework
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...Arbitration This is an aspect of an alternative dispute resolution. In this scenario, two or more o the aggrieved parties submit their cases at issue to a neutral arbiter. In addition, these parties do not opt for litigation. In summation, it is a contract term which prevents judicial intervention from disputes. I strongly think that all business should not have such clauses as mandatory contracts. This is due to the fact that, there often so many irregularities that may come unintended. Some of these are out of human error. Since human have weaknesses, most of the issues that may arise while doing business can be settled through voluntary ways. Given that I have a start... up business on car...
Labor Arbitration Process
6 pages (1500 words) , Essay
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...Arbitration Process Introduction Labor arbitration is one of the widely accepted methods of labor dispute resolutionworld wide. Labor arbitration as a means of finding solution to labor problems succeeded in many instances in the history of labor relations. In fact, labor arbitration has a place of prominence in the labor relations of business and non-business organization across the world. Arbitration is the process by which parties in the dispute agree to submit their problems to an independent neutral third party, known as arbitrator. Arbitration has many forms, but labor arbitration is the most common dispute resolution method to find workable solution to labor... The History and Future of Labor...
International Arbitration Law
18 pages (4500 words) , Download 2 , Essay
...Arbitration Clause Arbitration aims to provide an alternative method to the traditional civil court settlement to resolve a dispute based on law, fact or both. In order to provide a binding decision for the resolution of the dispute and to ensure that the parties to the case accept the arbitral award, it is necessary that the agreement signed between the parties should be an arbitration agreement. Accordingly, an agreement is considered an arbitration agreement when it constitute an arbitration clause or has provided arbitration as the ultimate method of dispute resolution1. Arbitration does not arise automatically as a possible method for resolving... ?Section A (A Legal Advice on the Content of...
International Commercial Arbitration Law
15 pages (3750 words) , Assignment
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...Arbitration Law - What do you understand by the principle that the existence of a valid arbitration agreement is a prerequisite for arbitration? International commercial arbitration has been an element of study owing to some of the unique features it is associated with. In the era of globalization, the volume of disputes between parties in trade has increased significantly, and often the judgment provided by the local jurisdiction fails to satisfy the parties to the action. The delay in the procedure of judgment also hampers trade activities between them and becomes significant in determining market conditions. International commercial arbitration tries to solve a few... ? International Commercial...
Arbitration and Construction Essay
6 pages (1500 words) , Essay
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...arbitration specialist, you are requested by the C.E.O. to comment this proposed draft and, if needed, recommend the necessary amendments. “Any dispute or whatever nature arising out of or in any way relating to the Agreement or to its construction or fulfilments can be referred to arbitration. Such arbitration shall take place in Dubai or Sana’a, or any other place as the parties may agree, and shall proceed in accordance with the Rules of Arbitration of the LCIA-DIFC in Dubai... ?The following draft clause has been inserted into a capital construction contract (the Agreement), to be signed between your company (based in Dubai) and company based in Sana’a (Yemen). Being the contract manager and the...
Arbitration and Adjudication
6 pages (1500 words) , Essay
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...Arbitration vs. Adjudication: A Critical Analysis When examining the evidence in favour of resolving disputes through arbitration - in which parties take their conflict to an impartial third party, who provides them with a resolution (Schellenberg 1996, p 196) - rather than adjudication - resolution of a dispute through the court system - both the identity of the involved parties and the scale of the dispute must be taken into account. I therefore propose to consider the question of arbitration's superiority in three parts: In the first part, I will examine the suitability of arbitration and adjudication as they apply to...
English Arbitration Act 1996
20 pages (5000 words) , Essay
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...Arbitration Act 1996 Introduction The roots of the English arbitration acts have been in existence for centuries. The first one was in 16981 followed by several acts that had organized and developed arbitration according to the requirements of each era. The last of these was the Arbitration Act 1996, which came into force on 31st of January 1997 (1996 Act).2 This Act was formed for improvements accumulating from the former arbitration acts and case law3 following the structure and language of the Model Law without completely adopting it.4 The 1996 Act is characterized by many features, the most important being confirming the Principle Part Autonomy. Although it includes... ?A Brief Study of the English...
International commercial arbitration
14 pages (3500 words) , Essay
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...ARBITRATION LITIGATION: In simple words, litigation is defined as a process through which an argumentbetween two or more parties is taken to a court. ‘(Cambridge dictionaries)’1. The proceeding been taken by the courts as a result of charge is also termed as litigation. ‘(Collins English Dictionary, 2011)’2. However, in business contexts, litigation is defined as an action or charge brought in a court of law in order to enforce a particular and specific right. Litigation is also defined as a process by which the case is taken to a court. ‘(Murray, 2011)’3. In other words, litigation means the filing of charge against another person and bringing the case... ?ADVANTAGES AND DISADVANTAGES1 OF INTERNATIONAL...
Arbitration Law paper
5 pages (1250 words) , Download 1 , Essay
...ARBITRATION LAW By 31, Mar Arbitration, as an alternative dispute resolution mechanism, envisages settlement of disputes out of court, by an impartial tribunal.1 The parties have latitude to elect the law governing arbitration,2 language of the arbitration, rules that govern the arbitration3, language applicable to them and the seat of arbitration4. Courts must support and supervise the arbitration process so as to ensure the integrity of the arbitral process and protect the public interest. Nevertheless, this should not sacrifice or prejudice confidence of the users of the...
Judicial Assistance In Arbitration.
10 pages (2500 words) , Essay
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...Arbitration 1 Introduction Arbitration is a private justice born out of the parties' will. If the parties choose to settle the dispute out of court by virtue of in inclusion of arbitration clause in the contract, the parties can go for it. Those disputes will be submitted to arbitrators. This module provides an overview of the agreement by which the parties who decide to submit their disputes to arbitration. This module also discusses the issue known as "separability of the arbitration agreement" and the related principle known as "Kompetenz-Kompetenz". In general, the arbitration agreement provides the basis for arbitration... . It is defined as an...
Analysis Cases In Arbitration
13 pages (3250 words) , Research Paper
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...Arbitration Table of Contents Introduction 3 Thesis ment 3 Case Italian Colors Restaurant v. American Express Travel Related Services Co. 4 Summary 4 Judgement Given 5 Critical Evaluation of the Case 5 Case 2: Coneff v. AT & T Corp 8 Summary 8 Judgement Given 8 Critical Evaluation of the Case 10 Conclusion 13 References 15 Introduction Arbitration can be considered as one of the Alternative Dispute Resolution (ADR) techniques. It is a legal method for resolving the conflicts outside the court. The parties to conflict tend to communicate regarding the issue to one or more parties concerned. The decision made by these parties helps in the resolution of the disputes to a considerable... ?Analysis Cases in...
Practical Arbitration Issues - UK
6 pages (1500 words) , Essay
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...Arbitration Issues Introduction Arbitration is a technique that is legally applied in resolving disputes without the involvement of the courts1. What this means is that arbitration is an alternative dispute resolution method where one or more third parties, the arbitrator or panel of arbitrators, listen to the different parties involved in a dispute and make a decision to which they (the disputing parties) are bound by agreement. Arbitration is more like a court-based adjudication considering its adversarial nature2. What this means is that the parties involved in the dispute make presentations to prove that they are right and the other party is wrong. In the United Kingdom, arbitration... ?Practical...
Arbitration Law UK
6 pages (1500 words) , Essay
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...Arbitration law in the United Kingdom Arbitration is a considerable alternative solution to disputes, based on the agreement of parties. This is particularly done as an alternative of using the courts, although it is a considerable legal process. In this process, all parties are basically required to submit the dispute in question to the arbitration. This means that the parties are employing the services of the arbitration to resolve a dispute in existence. Therefore, it is admissible that the arbitration will have to come up with a solution that will resolve the problem fully. According to the...
Arbitration and Law
13 pages (3250 words) , Essay
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...Arbitration and Law Contents Introduction 2 Privity of Contract 2 Horizontal and Vertical Privity 2 Arbitration 3 Critical Evaluation 3 Conduct of Related Arbitrations 4 Enforcement of Orders and Awards 4 Discussion 5 Case Study 6 The Contract 6 The Problem 6 Arbitration 7 Jurisdiction 10 Arbitration and Courts 12 Discussion 12 Conclusion 12 13 Bibliography 14 Articles 14 Books 14 Cases 15 Conventions 15 Statutes 15 Introduction Arbitration is a system that has allowed for contracts to be engaged across borders, letting corporations conduct business on a global level. While engaging in...
UK Arbitration Law
4 pages (1000 words) , Essay
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...Arbitration in the UK It is relevant to solve the current problem of arbitration basing on the following two issues: at first, it should be d that the arbitrator is being challenged on two bases. The matter referred has not been disputed and the Arbitration Notice is non complaint. These challenges appear to have been taken before any steps were otherwise, taken in the process. In this context, it is relevant to mention about the basic claims of the Arbitration Act (1996) and correlate them with a given situation. Jurisdiction establishes the limits of the tribunal’s powers in exercising and performing...
Arbitration Law Assignment
8 pages (2000 words) , Assignment
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...ARBITRATION LAW By 19, Mar PART A This scenario has elements of an investor arbitration, since Tourist Drivers Limited is fully owned by the state of Languada. In a similar case, GSS Group v. National Port Authority1 a case involving a corporation fully owned by the state of Liberia; the Court found that the corporation “is encompassed by the relevant statutory definition of the term, ‘foreign state’. In this scenario, TGL should deal with Tourist Drivers Limited as if it were dealing with the government of Languada. Generally, Arbitration Act gives the parties latitude to decide how their disputes should be solved.2 It shall be essential...
Arbitration and Litigation
8 pages (2000 words) , Download 1 , Essay
...Arbitration v Litigation How does the practice of international arbitration differ from the practice of litigation before national courts Answer with reference to the domestic law of at least one jurisdiction. and (2) In your opinion (and given your answer to (a) above) does international arbitration offer a superior form of dispute resolution to that offered by litigation before national courts . The practice of international arbitration: An Introduction It is a private recourse to resolve the disputes chosen by the parties themselves. It is an effective way to resolve issues without turning to the courts of law. What looks like a business meeting to an outsiders, actually... IDA264277...
American Arbitration Associate
1 pages (250 words) , Article
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...Arbitration Associate (AAA) established in 1996 as the International Centre for Dispute Resolution (ICDR) that is committed to the role of providing services that deal will conflict management globally. The services are administrative in nature that provide users with the information on the dispute resolution options. It also helps in the appointment of arbitrators and mediators and also setting hearings. In a nut-shell, the International Centre for Dispute Resolution (ICDR) has one main goal of moving cases through mediation or arbitration in a manner that is impartial and fair until their completion. The Dispute Resolution Services is the largest... The U.S. Court System Affiliation The American...
INTERNATIONAL COMMERCIAL ARBITRATION
10 pages (2500 words) , Download 1 , Essay
...Arbitration (Lex Mercatoria) Introduction Globalization has paved the way for complex commercial transactions to exist. There are spheres in trade and commerce that are not well-regulated by the “law of nations.” As such, more and more conflicts arise with regard to the system of exchanging goods and services. Property and civil rights are the two main subject matters involved in almost every dispute that calls for an impartial resolution. The rights and obligations of the contracting parties as expressed in a contract are always given the highest consideration in arriving at a fair judgment. Nonetheless, due to the clash of trading principles, it is often difficult to come... International Commercial...
litigation, mediation, arbitration response
2 pages (500 words) , Download 1 , Essay
...arbitration and mediation. Hoffman (2nd post) has logically pointed out the swiftness of arbitration in his post. Arbitration in many situations increases the scope of immediate conclusion and reasonable settlement as compared to other alternatives. Hoffman’s view on litigation seems right, for all that matter in litigation is ‘to win over the other’ rather than getting justice. Ferdinand (3rd post) has technical... Responses Responses Responses to the Posts As Dimino (1st post) purports, litigation gives chances to youth get out of abusive relationships. However, it is not reasonable to count litigation as the best means to ensure justice in this regard, because litigation usually takes much time...
Merits of Arbitration
12 pages (3000 words) , Essay
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...ARBITRATION UNDER THE ICC, LCIA, AND ICSID Critically Asses the Respective Merits of Arbitration under the ICC, LCIA, and ICSID Insert Name Insert Affiliation Abstract In the arbitrary processes involved with International Commercial Businesses there are multiple avenues that can be found in order to settle unresolved disputes. Because of the expansion in International trade in past years and now currently in present, there is found to be a growing need for more services that entail arbitration so that quicker resolutions can be made and routine performance can be carried out without hindrance. These current issues have been... Running head: Running head: CRITICALLY ASSES THE RESPECTIVE MERITS OF...
Grievaces and Arbitration
2 pages (500 words) , Article
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...arbitration Public Sector Independent Grievance Systems: Methods and Procedures. George W. Bohlander Name of Publication: Public Personnel Management, 18 (3) Date of Publication: 2002 Summary of Article The article deals with the analysis of public sector independent grievance procedures on the example of 22 agencies in the Southwest United States. Grievance procedures help to settle down the conflicts which arise from the contracts. The article tells us about grievances occurrence in collective bargaining contracts. Lower step settlement should be a preferable one because grievances would be solved on the level they occurred. Labor organization and representatives of management can... Grievances and...
Labor Relations/Conclusion & Arbitration
1 pages (250 words) , Admission/Application Essay
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...Arbitration Conclusion The meeting held on 5th September 1990 set a platform for all parties to iron out important issues. It resolved that E-2 reports should never appear in Mr Hastings file unless he contravenes the regulations within one year. On the other hand, complaint from a parent might have triggered Principal Helen Frieman to add the report into his file. In as much as Mr Hasting talked the parent out of the complaint, the incident raised questions on the previous occurrence. As such, he was to be held liable for any action of omission or commission. Concurrently, the employer failed to advise Roy Hastings on the threshold upon which an E-2 report... Task: Labour Relations/Conclusion &...
Arbitration case review
5 pages (1250 words) , Case Study
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...Arbitrator’s decision IN THE MATTER OF THE ARBITRATION BETWEEN THE DISTRICT, EMPLOYER, -AND- THE UNION (CHERYL BOGGAN, GRIEVANT). Opinion and award Summary For the past several years, the district has spent a considerable amount of money on training middle science school tutors in a program called FAST. The FAST program is a practical approach to the science curriculum, which is considerably different from the previous science-tutoring program. The FAST program has become the sole program for teaching both the seventh and eighth grade within the district. During the year, Mr. John Schleifer, who is the assistant superintendent for secondary school...
International Arbitration in Arab States
53 pages (13250 words) , Dissertation
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...Arbitration in Arab s By This research study conducts a comparative study of the arbitration laws and practices of the Arab Middle East, specifically, Saudi Arabia, Egypt and Jordan. This research is conducted using a library desk-top method in which primary and secondary data is collected. The primary data consist of statutes and cases providing direct evidence of the arbitration law and practices. Secondary data consist of textbooks, journal articles, and other publications relevant to international commercial arbitration, and arbitration in the Arab Middle East. Research results indicate that Islamic law has significant influence on attitudes, laws... and practices relative to...
The Phenomenon of Arbitration
5 pages (1250 words) , Essay
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...Arbitration generally used by employers for reducing litigation costs. It is a method through which different litigation costs can be lowered. Arbitration offers very limited opportunity for employees to appeal against its employers in case of any dispute. It is very important for giving faster results and maintains high level of privacy. Arbitration is a step by step approach. At first arbitration has to be initiated by anyone of two disputing parties. Then an arbitrator has to be appointed by all disputing parties. Then preliminary meeting with arbitrator takes place. Then altercations of statements and responses happen. Inspection, Evidence interchange, hearing, legal... 11 Questions Answer...
Employee Loyalty - Arbitration Paper
2 pages (500 words) , Essay
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...Arbitration in Employee Rights Case Study: Allen Lopez vs ExtremeNet Mamie Borchert Kaplan Chad Brockman HU245-05: Ethics Arbitration in Employee Rights Case Study: Allen Lopez vs ExtremeNet Should Allen Lopez be allowed to keep his job with ExtremeNet? Allen Lopez has proved himself to be a conscientious employee, concerned about discrimination based on age and gender against other lower level employees. This quality in an employee needs to be cherished and encouraged by the management, since the members of most organizations are concerned only with their own rights and privileges, and few would care to fight for the rights of others. ...
The Mediation and Arbitration Process
7 pages (1750 words) , Download 1 , Essay
...Arbitration Process Mediation and Arbitration Process Arbitration and mediation are two methods of alternative dispute resolution (ADR). (Massey, 2010). They are alternative to litigation process, which involves resolving a dispute through a court process. Many people prefer using arbitration and mediation because litigation can be a complicated, long and costly process. The arbitration and mediation process involve bringing of cases of disputes to third parties in order to reach a resolution. The two terms are sometimes thought to mean the same but arbitration and mediation are different. Arbitration is more formal than mediation and the arbitrator’s decision is a usually binding... Mediation and...
Arbitration Opinion & Award
2 pages (500 words) , Essay
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...ARBITRATION OPINION & AWARD Introduction In this particular case a employee of Nittany Regional Medical Centre, Kevin who is a nurse was given a five day suspension According to Davis who is the attorney for the hospital, Kevin Hyer the grievant refused to take orders from her supervisor Olivia Martinez to the patient from the gurney to the bed and that he neglected this person who was writhing in pain. Kevin being union steward saw that it was unfair and sought to seek justice from the arbitrator. Hospital case According to to the hospital Kevin had done an offense and was supposed to receive the termination but was given a five day suspension. Davis...
law of international commercial arbitration
3 pages (750 words) , Essay
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...Arbitration Awards- How can it be enforced and when it can refused to be enforced. Dear Mr. Joseph, This has reference to your query on the subject. I am forwarding my comments and views as below for your perusal. International arbitration connotes a legal mechanism where international disputes can be amicably solved in conformity with agreement entered between parties. Arbitration awards and agreements are more reliably and easily implemented in foreign states than foreign court judgments or forums selection clauses. About 120 nations have consented to the” New York Convention “which compels... contracting nations to implement arbitration awards and accords subject to...
Case about International Commercial Arbitration
3 pages (750 words) , Download 1 , Essay
...Arbitration. CalCo vs. IndCo case analysis According to the arbitration clause that both CalCo and IndCo agreed upon, any further disagreement between them when both the parties are unable to solve by negotiations, should be settled with the arbitration rues of International Chamber of Commerce. In the case of CalCo... Introduction This case study outlines the arbitrary case analysis between CalCo and IndCo. CalCo is a California based corporation manufacturing andselling its equipments and IndCo is Indian company marketing products including CalCo’s industrial equipments. The arbitrary case between these two companies has been analyzed with the help of International Chambers of Commerce Rules for...
DISPUTE RESOLUTION: ARBITRATION ASSIGNMENT = q4
4 pages (1000 words) , Essay
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...Arbitration Act 1996 makes provision for an arbitrator to award security for costs of for a plaintiff or claimant in arbitration proceedings. Section 38(2) provides that unless otherwise agreed between the parties to the arbitration proceedings an arbitrator has the power to ‘order a claimant to provide security for the costs of the arbitration.’ (The Arbitration Act 1996 Section 38(3)) Section 38(3) goes on to limit an arbitrator’s power to award a claim for security for costs. An arbitrator... Security for costs is a mechanism whereby a plaintiff or claimant is ordered to deposit a sum of money or some other bond into court in the event hisclaim fails. (Lanbert. August 2005) Section 38 of the...
enforcing arbitration clauses in contracts
5 pages (1250 words) , Research Paper
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...Arbitration Clauses in Contracts Both the federal and the courts are championing for arbitration in contracts. A way of reducing the increasing burden of court cases in the judicial system. This research outlines why arbitration is a good avenue for the dispute resolution and the legal implications of including or excluding an enforceable clause in a contract. Information will be collected from secondary sources mostly law journals and closed cases. Examples of AT&T Mobility LLC v. Concepcion; a recent case heard by the Supreme Court will form precedence to the paper. Arbitration is enforceable to parties that are part or beneficiaries of the prime contract. Any subcontract entered... Enforcing...
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