Essays on Arbitration

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Introduction

Alternative dispute resolution is an approach to dealing with cases in the American Justice System. It involves the use of arbitration rather than litigation. Litigation is adversarial but alternative dispute resolution seeks a consensual approach to resolving things. This paper will critically analyze dispute resolution in the American legal system in general and then in the context of two states – California and Virginia. There are several ADR techniques including binding arbitration, conciliation, cooperative problem-solving, facilitation and mediation. Federal issues are handled in federal courts. This include cases that cover different states or jurisdictions as well as bankruptcy cases, cases ...

Introduction

It is normal for employees to have conflicts at the workplace. In fact, most companies report having disagreement among workers in the process carrying out their duties (De Dreu, 2008). As a matter of fact, more than 90% of firms that employ many people report having experienced conflicts among at some point in their existence. Therefore, it is important to understand conflict resolution in the workplace, and the techniques involved in mediation or arbitration during conflict resolution.

Purpose of Paper

In essence, conflict among employees is caused by various reasons. However, perhaps the major cause of the conflicts is limited resources at ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

Investing In Saudi Arabia Market

Investing in Saudi Arabia market Introduction The Saudi Arabia economy has for long been driven by the performance of the oil market. The entire economy has also been primarily managed by the government leaving little room for the private sector. The existence of many government bureaucracies has also in the past hindered the development of the private sector. The strict Islamic culture has also been a challenge for the operation of the business from the open economies. The period 2003 to 2013 marked one of the largest oil booms in the history of the country. The oil prices in ...

1.) The thee primary advantages of alternate dispute resolution (ADR) are decreased costs of litigation, convenience, and time savings. Generally, an ADR cause of action is begun as the result of a prior agreement to enter into ADR by the parties, accordingly, if a dispute arises, the parties rarely need to expend huge sums of money trying to figure out if they have a case and how to go about resolving it. Similarly, ADR saves the time that would normally be needed in the more traditional litigation. This is also true for convenience, in the with ADR is no ...

As Human Resources Manager, Care Concerns Pty Ltd (CC), explain the implications of the level of supply and demand in the labour market in the recruitment and retention of;

Registered Nurses Human resource management (HRM) demands from the manager to keep a keen eye on the demand and supply of its niche market. The equation is very clear regarding GPs and RNs. The demand exceeds the supply for GPs in the 15 facilities of CC, while the opposite is true for RNs. For professional, stable and satisfactory recruitment it is recommended to not just react to the supply and ...

Human Resource Dilemmas

It is evident from Timothy’s Reverson’s case that the employment practices of Cameron Lake boat Rentals are authoritative. The company has imposed an authoritative control over the working conditions of the workers as evidenced by it compelling its workers to sign the employment arbitration agreement. As it can be seen, Timothy Reverson was dismissed for the fact that he claimed a pay rise. Workers in the company can do very little to fight for their rights as they are bound by the resolution by arbitration. It was illegal and unethical for the company to terminate his employment ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

The Federal Arbitration Act (FAA)—Title 9, US Code, Section 1-14—was first enacted on February 12, 1925. FAA underwent a few developments through the years. It was codified on July 30, 1947 (61 Stat. 669). It was amended September 3, 1954 (68 Stat. 1233); added Chapter 2 on July 31, 1970 (84 Stat. 692); added two new Sections in October of 1988; renumbered on December 1, 1990 (PLs669 and 702); added Chapter 3 on August 15, 1990 (PL 101-369); and, added Section 10 on November 15, 1990. The FAA provides the guideline for the enforcement of arbitration agreements ...

Emma Williams’s Case

Arbitration is a formal process for determining a grievance between parties in a conflict. A labor arbitration process involves an employment-related dispute between an employer and employee. The authority of an arbitral award comes from the binding arbitral clause in a contract of employment or the authority given by the parties through the appointment (Walras, 2013). An arbitrator has quasi-judicial powers to investigate, listen to the grievances of the parties and provide a decision, which is binding on all parties involved in dispute. However, arbitration must be launched on time to have a force of law. The dispute in ...

Briefing Paper 1

a.) The “act of state doctrine” provides that a court in the United States, cannot pass judgement on the actions of a foreign government taken within their own country or territory that it has jurisdiction over (Cheeseman, 2012). In essence, the doctrine bars U.S. courts from interfering in the domestic policy actions of another government in their own country. b.) Under a communist theory of the world, the government of Cuba did act ethically when it appropriately the Glens’ property. From an American perspective, the expropriation was not only ethically questionable but most likely illegal. Club Med, under the ...

Contract Issues

This is a case of the Essendon Football Club, a professional football club which plays in the Australian Football League (AFL). This paper focuses on the legal battle that the EFC faces concerning their alleged use of prohibited supplemental drugs in what is currently referred to as the Essendon doping scandal. The parties involved in the said saga were the EFC (including all of its constituents), the World Anti-Doping Agency (WADA), the Australian Sports Anti-Doping Agency (ASADA), and the Australian Football League. The main object in the case was the banned and prohibited peptide Thymosin Beta 4 . Focusing on ...

One of the variations of arbitrations can be considered from the aspect of executory and ad-hoc arbitration. The difference between the executory and ad-hoc arbitration is that in an executory arbitration, the arbitration is agreed upon or set prior to any dispute arising whereas, in the case of the ad-hoc arbitration, arbitration is agreed upon after a dispute arises. Executory arbitration is best suited for situations where parties go into a contract together. Ad-hoc is best suited in cases where disputes are not likely anticipated or where the dispute arises where parties have no form of immediate dispute resolution ...

Federal Court Structure vs State of Georgia Court Structure

The Constitution of the United States of America is the highest legal authority in the country. Due to federalism in practice, both federal and state governments have a court system of their own. The structure of federal and state courts is different as states have the power to decide the type of structure they want to implement. The structure of federal courts consists of three levels; these are District courts or Trial courts, Circuit Courts and Supreme Court. The Circuit courts work as the primary level of appeal and the Supreme Court is the final level. In total, there ...

Supplier Management Portfolio Section 1 2

Key performance indicators for suppliers: 2 Terms and conditions template: 2 Supplier Management Portfolio Section 2 3 Delivery of goods: 3 Receiving of goods: 3 Damaged goods: 3 Disputes and Arbitration: 3 Supplier Management Portfolio Section 3 4 Supplier assessment procedure: 4 Review of outcomes 4 Recommendation of supplier 5 Supplier Management Portfolio Section 1 Key performance indicators for suppliers: A number of key performance indicators are going to be used for suppliers to the company. Savings is the first key performance indicator for suppliers wishing to work with the company. Savings will be calculated as the amount of ...

Abstract

Environmental pollution is among the hotly debated topics in the field of environmental studies. Contamination of this kind ranges from that of water, soil, and air. Industrialization and large organizations have been reported to be the primary sources of pollution across the world. Chevron, a leading multinational energy corporation, has in the recent past been accused and charged for heavy soil and water contamination through oil spills. Such environmental pollution has substantial consequences on the human health, safety, and well being. Van Duzer et al. (2015) assert that one of the most affected nations through the company’s activities ...

The employment practices in Timothy Reverson’s case can be characterized as; i) Rudimentary- Employees in this company seem disrespectful and don't seem to obey protocol or procedure as Timothy's case showed. This could be as a result of organizational culture and how to organization has been past. ii) Slow in growth- It seems that the company has grown very slowly over the years. Timothy has been a part of the company for 15years and yet only 17employees are members as of now. It shows their employment practices are stagnant; recruitment is slow or there simply isn't room for ...

Abstract

The different forms of Alternative Dispute Resolution or ADR are interesting topics that were discussed in this class. There were five chapters that we consider the most interesting parts of the reading as they provide information that not only increase our awareness about dispute or conflict resolution, but they can serve as guidelines on how to come up with better ideas in providing solutions to various issues. The different chapters of the reading, such as chapters 1, 2, 3, 5, and 7 provided insights on cases, which these ADRs can be used. One may think that conflict resolution is ...

Abstract

Mini-Trial may not be totally the same as the other Alternative Dispute Resolution or ADR. It holds its own characteristics of providing resolution to the disputed issue. However, some of the processes involve in the mini-trial may resemble the methods in the mediation process. In the discussion of the article about the mini-trial’s process, one can be similar to how the mediation is being done. It was stated in the article that both disputants will have the opportunity to present their own version of the case, to which they are being presented to panel in order to come ...

Study

Will Manuel Perez prevail in invalidating the arbitration clause? Why or why not? Identify the ethical concerns regarding Walexron’s approach to the arbitration process and recommend actions Walexron could take to remedy the ethical concerns.

Manuel Perez has high chances of invalidating the arbitration clause in question for several reasons.

Firstly, the case materials indicate that there is no applicable arbitration clause at all. Thus, in Staschiak v. Certified Logistics, the court made a ruling that if there is a special disclaimer in the employee handbook, it may not be considered as a part of the employment contract. In addition, this ruling stipulated that the employment agreement should contain a specific reference that ...

Introduction

Court option is a technique in the court that is deduced by the commitment it has to provide a comprehensive lay out of quality services in the court of law that mostly concern the criminal justice system (King, 2000). Such services maintain the safety of the public by creating new and better opportunities for people and at the same time gives the court other better alternatives to serve the individuals in equality and justice. M/S Bremen v. Zapata Off-Shore Co. is a case in which the petitioner was seeking review of the court of a legal document concerning a ...

A.) Daisy can file an unfair dismissal complaint against her previous employer, The Chopping Block. As an employee for 14 years with the company covering the years 2002 and 2016, there was no justification for her dismissal based on the grounds of for lateness and rudeness to staff and customers in February 2016. In fact, Daisy was not given a fair notice that the question of her dismissal for incapacity was being considered by the employer, and she was not afforded an opportunity of being heard or to explain her side. The reinstatement of the discharged employee is the ...

Impacts of Pollution on Wildlife

Introduction Impacts of pollution on wildlife has been a controversy and a contradicting issue since it has been experienced in the world and specifically in the united States of America for a long period of time. There are environmental laws which are hard on some manufacturing and production industry in North America and this makes them to be held responsible of various wildlife cases. The environmental laws in the United States of America have enacted endangered species Act in which it is a general rule which has held several companies responsible of the reduction of Wolverines in Montana glacial ...

Human Resource Management

Comparison among San Francisco, Las Vegas and New York’s Provisions on Grievance Procedures A grievance can simply be defined as a concern, complaint or problem related to the working environment. Due to the diversity at the workplace, people have different beliefs, opinions and thoughts about how to approach work and as a result they often have grievances relating to issues that arise from the workplace procedures. The Las Vegas collective bargaining agreement defines a grievance as a dispute or a difference of opinion between the employer and the Union with regard to the meaning, interpretation and application of ...

Introduction

Although the legal system of the United States of America is one well-known in the world due to its extensive depiction by the media, basic familiarity of other legal systems, and, relevant aspects of international cooperation issues is an indispensable element of a law enforcement professional expertise. This research discusses the differences in substantive and procedural law, judicial review, policing systems and international police cooperation between the United States of America and the United States of America.

Substantive Law

Substantive law matters in the USA and the UAE are dramatically different. Thus, both civil and criminal substantive law provisions in the ...

Organization Behaviour

1 Task 2 - Analyse the scenario Motivation is the force that drives people into action and encourages them to exert more effort towards carrying out something. Employees who are well motivated are more comfortable and will have feelings of happiness and fulfilment. Johansson and Heide (2008) points out that besides, being well motivated workers tend to produce high-quality results and are more productive than their counterparts. In the case study, the workforce is less. They are overwhelmed in the course of their duty. They are not able to work overtime because their terms of service are contractual. The ...

Theodore “Teddy” Roosevelt is widely regarded as one of the best presidents in United States history. He is known for his cowboy persona and his widespread representations of traditional masculinity. Many Americans today remember him as a rope-swinging, outdoorsman who would not be content sitting inside the Oval office. In fact, he was once observed jumping off a horse into a pit of wild dogs and slaying a mountain lion. Roosevelt changed the course of the presidency and did many things that presidents had never done before, such as riding in a submarine, being identified by his initials, being ...

Legal citation: 199 N.J. 319, 972 A.2d 387 Legal history: In April 2006, the Board brought an action in order to restrain arbitration before the Chancery Division. The Chancery Division granted the Board’s request and permanently restrained arbitration. The Association appealed this decision and the Appellate Court affirmed. Facts: Plaintiff School Board hired defendant Gonzalez as a non-tenured custodial employee. Before assuming the position, the defendant signed a contract which provided that the employment was “at will” and could be terminated at any time by either party through 14 days notice written notice. A few months after Gonzalez ...

The Impact and Effects of Power Politics of United States, China, & Japan Arising from South China Sea Conflicts on the Sovereignty and Socio-Political Fabrics of Philippines

Introduction

The South China Sea (SCS) is a partly enclosed body of water that connects the Indian and Pacific Oceans. It is marked with several island attributes which are grouped into four island bodies-- the Pratas or Dongsha Islands in the northeast, the Paracels or Xisha Islands in the northwest, the Spratlys or Nansha Islands in the south, and the Scarborough Shoal or Zhongsha Islands to Paracels' southeast (Hayton, 2014). It is teeming with ...

According to the current business environment, law does not have an exact definition. However, it is a set of rules, principles, and standards that summarize the behavioral practices in business (Gibson & Fraser, 2013). Therefore, it is this legal system that helps us in defining the acceptable social behavior. Laws acts as a boundary to some activities that are not in the best interest of the members of the public. Therefore, in today’s business environment, laws and courts have several roles to play. For instance, it protects the consumers, employees, the environment, and taxation. The role of the government ...

Introduction

Alternate Dispute Resolution is a method of settling disputes without the intervention of the civil courts. This application of the mediation process is especially successful in conflicts of family, minor injuries, home negligence issues and most other disputes in which the settlement is relatively fixed and lowers than a jury trial would assess. There are three basic types of Alternate Dispute Resolution (ADR): arbitration, reconciliation and mediation . A mediator is a neutral third person who adjudicates the proceedings and is agreeable to both parties before entering into the negotiations. The parties have to additionally agree upon accepting the ...

The Souk Al-Manakh was a classic financial bubble that comprised of investors from around the oil-rich Persian Gulf, and it exploded after confidence in the system was affected. In August 1982, Investors’ checks were reported to bounce and the stock market exchange buckled within a month. The Kuwaiti Ministry of Finance demanded the clearance of all postdated checks by Banks to speed the close down of the stock exchange. The Kuwaiti government conveyed a clearinghouse company that tried to solve disputes and other plights of the investors and brokers (Al-Deera Holding). The arbitration panel was expected to address all ...

Argumentative Essay: Capital Punishment

Introduction Capital punishment is one of the most controversial topics pertaining to criminal punishment. For many years, this issue has been debated, yet until today, no conclusive position has been reached especially in the United States. Discussing the issue of capital punishment is important primarily because people are divided on whether capital punishment should be imposed or abolished. Furthermore, capital punishment raises an ethical dilemma that needs to be resolved since it is crucial in achieving a just justice system. This paper would like to argue that capital punishment is a just form of punishment.

The arguments that support ...

Introduction

A labor relationship between parties is regulated by the contract. Any disputes regarding the terms of the contract may be settled in the Court. The Courts established common law rules determining the rights and duties of the employer and employee. Nevertheless, the employment conditions were often unsafe and harmful, hours of work long and wages low. The government started passing laws to combat exploitation of employees by employers. In 1900s government started establishing minimum employment standards, which became the basis for modern labor standards legislation. While the government was taking legislative actions, employees started forming trade associations to increase ...

Executive summary

The research paper analyzed the disputes in the Dwight Babcock Condominium with the aim of identifying the sources of disputes and amplifying of the proper conflict resolution processes. It identified self-interests and laxity to enforce the Window Replacement Policy as the cause of the disputes. Nonetheless, the study indicates that applied the processes such as voting, emails exchange and annual general meeting after the dispute employed mediation, arbitration and negotiation to solve the disputed matter in the Condo Association.

General outline

The research paper will analyze the causes, methods of resolution and conclusions based on the findings of the study. In ...

INTERNATIONAL COMMERCIAL ARBITRATION: OIL AND GAS SECTOR

(Course/Major) (Professor/Instructor) (College/University/Institute) (Location)

Actions for claims in the energy industry often involve large investments, a robust sense of public interest, and “cross-border” features that warrant the development of a special structure to resolve disputes (International Center for Energy Arbitration). In the belief of Akinjide-Balogun (2000), the possibility for disputes among the players and stakeholders in the global energy sector remains at a high level. This should not come as a surprise owing to the presence of a number of complicated commercial relationships as well as the high costs in exploring for and harnessing vast amounts of hydrocarbons. Arbitration ...

Introduction

The Sobeys Company like any other company must minimize the risk prevalence in order to maximize its profitability. The loss prevention manual for the Sobeys Company aids the managers and the employees to learn more ways of protecting themselves from the exposed risks while carrying their daily activities. Notably, it educates the workers and managers to identify when the legal advice is needed, hence, they will be using the manual to solve the problems available in the contemporary world.

Internal procedures

The administrative law is the growing part of the statue law that deals with internal procedures of the Sobeys Company. ...

The legal principles of the United States were originally derived from the English and French legal systems, (Federal Judicial Center). Before that, those European systems were derived from Roman Law, (Federal Judicial Center). However, the system that we see in place in the United States today is derived from the United States Constitution, (Federal Judicial Center). The courts that comprise the federal and state systems are outlined in the Constitution. The Constitution essentially lays out the framework and limitations that the courts of the land can take. It is up to the Congress and the individual states to exercise ...

The Pokot is a tribe in Africa living in both Kenya and Uganda. However, most Pokots live in the Northern part of Kenyan Rift-Valley which lies along the Kenya /Uganda border. An interview with Daniel Lotodo, a 78 year old man from the community revealed a lot about the ethnography of the community The Pokot for a long time are predominantly pastoralists’. Their occupations of cattle keeping has been necessitated by environment factors. The area is semi arid and agricultural produce can hardly do well. However, through barter trade with neighboring communities such as the Samburu and the Marakwet, the society would ...