INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION Coursework

INTERNATIONAL ALTERNATIVE DISPUTE RESOLUTION - Coursework Example Eventually, through the enaction of the Arbitration Act 1996 and through several cases, the arbitration clause was held to survive even if the underlying contract was void or invalid. The details of the evolution of the arbitration clause, with relation to whether it survives the death or invalidity of the underlying contract, is the topic of this submission. Analysis Historically, courts have approached the issue of the separability of arbitration clauses in different ways. In England, the issue of arbitration clauses being separable was decided in such a way that the arbitration clause became another contract term, in the case of Kill v. Hollister in 1746.1 This decision was in accordance with another decision by France different around this same time that was decidedly anti-arbitration. France’s Napoleonic Code outlawed enforcing arbitration clauses. However, the notion of separability evolved in Europe, so that Germany, in the late 19th Century, decided that the law of the arbitration and the law of the contract could be ruled by separate jurisdictions. This is because Germany decided that arbitration clauses were procedural, therefore would be ruled by the law of the forum. The contract itself, being substantive, would be ruled by a different law. Hence, Germany decided that arbitration clauses were separate from the contracts themselves.2 In England, a landmark court decision was seemingly influenced by the German notion of contract and arbitration clause separability. Hamlyn v. Talisker was a House of Lords decision in 1894 that decided that arbitration clauses were governed by separate laws than the contract themselves, and this meant that the law of the arbitration clauses would be governed by the place of arbitration, even though the law of the contract might be a different law than that of the arbitration. Other countries have followed suit, to where â€Å"separability for conflicts of law purposes has been accepted amongst the key arbitratio n countries.† 3Although most countries are in accordance with the notion of contract and arbitration clause separability, they handle the issue in different ways. Some countries allow parties to choose the law of the arbitration clause and the law governing the contract separately, while others â€Å"simply apply by statute the law of the seat to all cases proceeding in their territory.†4 The principle of severability is perfectly illustrated in the case of Mastrobuono v. Shearson Lehman Hutton, Inc., et al., 514 U.S. 52. In that case, the parties entered into an agreement that had an arbitration provision and a choice of law provision. In that case, the arbitration provision stated that the law of Illinois, and the rules of the National Association of Securities Dealers, would govern arbitration, and the contract would be governed by the laws in New York. The parties arbitrated the disagreement in Illinois, and the plaintiffs were awarded punitive damages. The problem with this is that New York, which governed the contract, had passed a law that stated that arbitrators may not award punitive damages. Therefore, the defendants appealed the award of punitive damages, stating that, since New York precluded such an award. The United States Supreme Court granted certiorari on the matter because the lower courts were in conflict as to whether contractual choice of law pro

Legal Briefing Essay Example | Topics and Well Written Essays - 500 words

Legal Briefing - Essay Example The Court decided that Neve was not an employee of the newspaper and that she was an independent contractor. Consequently, the decision of the Commissioner of Economic Security was reversed. The gist of the matter is that being termed an employee or not is determined by the extent of control which the person getting the job done has over the person doing that job. In this case the Commissioner of Economic Security decided that the control exercised by the Austin Daily Herald was sufficient to make Neve an employee. However, the Appellate Court decided that the control exercised was insufficient and hence reversed this decision. All the same one of the judges dissented with a part of this ruling as he disagreed with that aspect of the judgment which, dealt with the de novo renewal of application of law because in these type of cases the master servant relationship is the main criterion which was drawn out from the inferences for the reason that there were no contested facts. This view is also clearly expressed in the case Darvell V. Paul A. Laurence Co (1953) and Santiago V. Phoenix Newspapers, Inc (1990).

Politicization of the Civil Service Article Example | Topics and Well Written Essays - 500 words

Politicization of the Civil Service - Article Example Rouban makes interesting points that do serve to illuminate the problems inherent in a system in which all laws and institutions serve a political agenda to one degree or another. Where the article succeeds best is in showing that not all bureaucracies are the same and that the definition of a civil servant varies from one country to another. As a result, the most fascinating aspect of the article may be that it enlightens one to the shifting values of political import to be found in a country's social and cultural aspects. The idea that educators might be subject to political pressure in following their career path is especially frightening. This article furthers the ideas of Wilsonian separation of politics from administration while also adhering to Weber's theories on hierarchical assumptions. The problems that must be faced is that while Weber is correct in advocating the theoretical ideals of impersonal organization, ultimately the truth must be faced that everything carries a political component.

The role of Chaim Rumkowski in the Lodz ghetto Essay

The role of Chaim Rumkowski in the Lodz ghetto - Essay Example In times past and even today, we know that countries and kingdoms try to invade other countries and kingdoms in a bid to possess their land and possibly enslave its members.This has been in an attempt to ensure expansion to expand economic possession and in some cases, show superiority. If not at all, it is not for nothing that the United Nations itself recognises certain countries as Veto Nations, some of G (Great)-Countries, and others as members of the United Nations Security Council. Such accolades accorded to countries always make them feel the need to undertake military and economic moves that will win them global pride. Again, it is not for nothing that though many nations of the world have gained political independence and enjoy their sovereignty, they still pay a lot of respect to their colonial masters.So the underlining factor is that countries want and admire fame.Counties love that their names as heard as super powers, counties love that they are the once who make headli ne news in the media everyday.Just as countries do, political, military and royal personalities also take a lot of pride in being referred to as ‘super powers’.Mention can be made of names like Alaric the Visiqoth, Alexander the Great, Attila the Hun, Cyrus the Great, Hannibal, Julius Caesar, Marius who were accorded accolades as warriors, conquerors and the like.... Counties love that their names as heard as super powers, counties love that they are the once who make headline news in the media everyday. Just as countries do, political, military and royal personalities also take a lot of pride in being referred to as ‘super powers’. Mention can be made of names like Alaric the Visiqoth, Alexander the Great, Attila the Hun, Cyrus the Great, Hannibal, Julius Caesar, Marius, Scipio Africanus who were accorded accolades as warriors, conquerors and the like. In times past, these fighters sprang up to fame because they led their armies to undertake the invasion, capturing and conquering of other great nations, armies or people. Even though such acts of bravery may not be very much needed today as it existed in times past, the general perception is that the contributions made by those people were necessary for their nations; back in those days. Some commentators argue that we do not see military takeovers and invasion wars today just becaus e the approach to becoming a champion and that the acts of bravery and warship displayed by those gallant men and women in times past were wrong. It is against this argument that studies on the acts and inactions of such brave men and women of the world has continued to be relevant in school curricula and lessons. There is no denying the fact the study of history and for that matter the study of military warfare and military takeovers in times past will not end anytime soon. One important character, who stands out tall in history as far as religious, ethnic and regional conquests are concerned is Chaim Rumkowski. Born in 1877 in Russia, the family Mordechai Chaim Rumkowski and Rumkowski himself moved to Poland where he took up a career as the

Critically evaluate the use of neurofeedback techniques as a mechanism Essay

Critically evaluate the use of neurofeedback techniques as a mechanism for enhancing human performance - Essay Example The report also differentiates neurofeedback from other therapeutic treatments used in training the human brain to regulate various cortical activities of their bodies (LaVaque, 2003). Finally, the report pinpoints the numerous criticisms that have been levelled against the use of neurofeedback technique and sums it up by a short concluding remark. From the outset, LaVaque (2003) attempted to define Neurofeedback by alluding that it is a form of conditioning technique aimed at bringing gradual change to the human mind. Broadly, the technique has been associated with Biofeedback which on one hand is claimed to be fundamentally concerned with improving the inherent communication between the mind and the body (Linden & Moseley, 2006). This claim is further confirmed by the definition arrived at by three professional Biofeedback organizations sometime in 2008 where they noted: â€Å"Biofeedback is a process that enables an individual to learn how to change physiological activity for the purposes of improving health and performance. By use of precise instruments to measure physiological activity such as brainwaves, heart function, breathing, muscle activity, and skin temperature, accurate information is rapidly relayed back to the user for eventual implementation†. ... For the foregoing definitions, it becomes critical to address the pertinent issues associated with Neurofeedback techniques. Background Research has variously identified Neurofeedback as a somewhat complicated form of biofeedback that requires sufferers to learn self-regulating certain aspects of their body activities through conditioning. Such distinct parameters of these body activities have been cited by Bladin (2006) as coherence in their mind processes that can be studied using a painless technique namely electroencephalography (EEG). As noted by Nestoriuc et al (2008), Biofeedback has been used in relieving headaches, asthma and blood pressure as well as optimizing performance in elite athletes for close to forty years. The practice has continued to date where Neurofeedback is actively being applied as a therapeutic tool to treat different types of disorders including but not limited to epilepsy, lack of sleep or reduced alertness in children (Norbert, 2007). Further observatio ns by Mark & Barlow (2009) indicate that the advancement in IT has enabled partially incapacitated patients to converse and even show some signs of mobility. Additionally, application of technological prowess has greatly seen Neurofeedback allowing otherwise incapacitated patients learn to normalize physiological processes such as muscle co-ordination, respiration, and blood pressure. This breakthrough is further evidenced by the development of â€Å"Inner Act’s platform for Biofeedback† which is lauded by Cannon et al (2008) as the mostly utilized platform for elite athletes. It is therefore in the interest of this report to mention that most recent researches have focused on the possibility of using healthy individuals as control subjects to prove the efficacy of

Emerging technologies- Nanotechnology Research Paper

Emerging technologies- Nanotechnology - Research Paper Example At the same time, technology was coming up with the ability to create simple structures at a molecular level. As the concept of nanotechnology became more acceptable, the word’s meaning shifted to include the much simpler nano-meter scale kinds of technology. Richard Feynman envisioned the theoretical capability of nanotechnology in the 1950s, when he talked about building billions of tiny factories that manufactured simultaneously by maneuvering objects atom by atom. Based on this vision, advanced nanotechnology aims to use mechanochemistry via guidance using molecular systems of machines. Shortly after molecular machinery as envisioned comes into play, it is expected that a manufacturing revolution will ensue. What need does nanotechnology address? The quality of all man-made products is dependent on the atomic arrangement of the product’s components. The cost of these products is also dependent on the process used to produce them, and ease of getting molecules and at oms to link up as we want them (Wilson, 2010). The energy used to create products, and the pollution it emits is also dependent upon the methods used to place, as well as connects the molecules to give out the desired product. Nanotechnology’s goal is to improve the amount of control, over the building process of products, to ensure they are of high quality and do not cause destructive environmental impact. Nanotechnology is one of the world’s hope for the solution to dirty and crude technologies that harm the earth’s biosphere. This technology has been identified as vital in addressing renewable and clean energy, global clean water supply and health improvement, preserving and healing the environment, availing information to all, and enabling the development of space. How does it improve upon existing designs? Nanotechnology can be used to improve on existing designs by allowing for the increased control over matter’s structure, which has been a primary project for mankind since early man. Nanotechnology, in today’s world, is helping to improve many industrial and technological sectors such as transportation, food safety, security, medicine, environmental science, energy and information technology. Most of its benefits are dependent on the ability to tailor essential material structures at the nano-scale in order to achieve particular properties (Einsiedel, 2009). This extends material science’s well-used tools and techniques, via which nanotechnology can be used to make materials better. This could be making materials better conductors of electricity, more sieve-like, more reactive, more durable, lighter or stronger. Already in existence are over eight hundred everyday products sold commercially that are reliant on nanotechnology and its integrated processes. Nano-scale polymer additives can simultaneously make them resilient, durable, stiff and lightweight such as in baseball bats. Nano-scale additives in or on fabr ics can make them wrinkle, stain, and bacterial growth resistant, as well as providing ballistic energy deflections on body armor (Einsiedel, 2009). What technologies does it build upon and/or rely on? Nanotechnology is built upon quantum science and its technology. The quantum size effect describes electron property physics in solids undergoing a great reduction in the size of its particles. This effect comes into play when the nanometer range of size is reached affecting the magnetic, electrical and optical behavior of these materials

Team Collaboration Research Paper Example | Topics and Well Written Essays - 500 words

Team Collaboration - Research Paper Example The second type is the leadership Team which has the strategic role in directing the company’s business decision. Most companies have such a team. Another type of team is the cross-functional teams. This is sometimes called the project team. It incorporates workers across different functions of the organization; mainly people with diverse areas of knowledge. They come together to share their knowledge toward a common goal. A familiar situation that needs a cross-functional team is the initiate of a new product (Robert and Barb, 2003). Sometimes we have a self-managed team. This type is also called a self-directed team; in this team, no position is granted authority. In a bid to working towards a regular goal, the team forms their action items, education, roles, and rewards system. This is usually founded on a very realistic what works, what doesn’t criteria. Some organizations have a quality circle team. This team works in a structured way to allow innovation at the same time as making management conscious of daily issues. Persons working in this team seek to locate, examine, and address issues in the workflow of their company. This is aimed at improving performance (Amy, 2004). The last type of team is the task force. This is a group of specialists that are called together with an aim of solving a predestined, distinct, and an assignment that comes once. If the duty recurs, sometimes it may also be called a commission (Amy, 2004). Developing a group into a team can be done in a four step process. The first stage is called the forming stage. In this stage, there is high dependence on leader for direction and course. There is minimal agreement on team aspirations other than those established by the leader. Individual responsibilities and roles are uncertain. The leader is obliged to answer many questions concerning the teams purpose, mission and external relationships (Amy, 2004). The next stage