Enterprise and Entrepreneurial Management Assignment - 2

Enterprise and Entrepreneurial Management - Assignment Example The business planning process consists of different interdependent elements; each element geared for the ‘creation of a successful entrepreneurial venture.’ Since precious time is allocated for the completion of each element, it is necessary to evaluate their value in terms of successfully creating a business venture. Thus, the first part of this paper will provide a critique of each of the business planning process’ elements to determine and validate its inherent value. Elements: The Introduction Idea Generation. The first step of every business venture spawns from two personal views: the perceived market needs or wants and the manner by which these two can be met. The latter is commonly characterized by the prime planner’s personal capability, hobby, or any activity that has the potential economic value as a product or service commodity. These two views are the product of the prime planner’s idea generation and serve as the supporting backbone of t he whole business plan. The next set of ideas will then root from these two views. This being the case, it is essential to keep the main ideas valid, consistent and applicable to all other components to assure a sturdy framework for the whole business plan. Strategic Objectives. These are the types of objectives that are safeguarded by a unifying strategy (Robert, 1998). These objectives, which were set by the planner to secure both market and post its position as a reputable provider of services or products, have to be realistically realized; thus, the use of strategies. However, objectives are ever-changing and are periodically divided by the short-term and long-term goals. Objectives may come in the form of profit, equipment or service upgrades, advancement in market position against competitors, and other visions of business progress. Market Analysis and Research. Apart from building the foundations of the business plan through ideas and objectives, it is essential that relevant information about the market environment is incorporated. This element, amongst all the other, has the most potential of adding realistic facts and procures necessary strategies. The result of this research and analysis may specifically point the current and the target position of the business in terms of its industry. By realizing this position, the planner will have an inclination of what destination the business should take and importantly, how to get there. Understanding the Competition. Knowledge of the market environment introduces the presence of the business competitors. This element focuses on acknowledging the threats and opportunities these competitors present and serve to be part of the factors in designing the marketing strategies (Harvard Business School Press, 2010). In business, ignorance of the business’ competitors can be one of the most costly errors. Competition can be in several forms such as a strategic location (upon close proximity with clients), indu stry position, product or service bundle, et cetera. Financial Projections. Most helpful in delegating potential business investments are the financial information which consisted of cash flow, profit and loss forecast, and balance sheet projections. These proforma of figures immediately relate to potential financial returns - the investors’ gain (or loss) in joining a business venture (Parker, 2006). The investors also eye on the financial forecasts of cash flow as well as the profit and loss since these two

Hawaiian weddings Essay Example for Free

Hawaiian weddings Essay For many the nuclear family has always been viewed as the proper way to bring up children and to live life. However, the subject of families is much deeper than many think. But is the family beneficial to society? Different groups have different views on how beneficial the family is to society. Functionalists, who traditionally dominated the sociology of the family, feel that the family is necessary for the running and continuation of an integrated society. It is ssumed by functionalists that if there is the existence of a social institution, then it must have a purpose or a function. Functionalists therefore see the family as beneficial for society. beneficial for society. Families are crucially important to society without doubt. Most British people are born into families and then raised by a family. Most of these very same people grow up to form families of their own and take the responsibility of being a parent. Many people see the family as the normal way of life and watch television programs which revolve around family life. For many the nuclear family has always been viewed as the proper way to bring up children and to live life. However, the subject of families is much deeper than many think. But is the family beneficial to society? assumed by tunctionalists tn t it there is the existence ot a social institution, then it British people are born into tamilies and then raised by a tamily. Most ot these very

Southern Musical Tradition and the African Tradition Essay -- Music Mu

Southern Musical Tradition and the African Tradition The second major tributary of the southern musical tradition comes from the African continent and is the heritage import of the five million slaves brought to North America against their will to provide the bulk of the labor in the pre-industrial agrarian south. Contemporary blues, while not exclusively black music by any means, remains largely black in terms of its leading performers and, to a lesser extent, its listening audience. The forerunner of the modern urban blues was, however, almost exclusively black and was completely southern and rural. It was, and is, a music born out of the experience of slavery and Jim Crow segregation with their attendant poverty, alienation and suppression. As a musical genre, this remarkable and durable expression has an enormous relevance for the historical development of southern music in general and the southern black experience in particular. Modern blues evolved out of the southern "country blues" and became an urban phenomenon in the same social, economic and demographic processes which urbanized black Americans during the two or three decades prior to World War II. Thus, an examination of the black country blues provides a potentially fruitful vehicle for the study of southern rural culture viz a viz the black experience. At the very least, it provides a means for assessing the perceptions of southern culture which were held and articulated by a sensitive group of observers -- the bluesmen and blueswomen of the rural south. The extent to which their music was received, popularized and appreciated by their audience provides a broader look at the hopes and drea... ...cal development, display similar structural and thematic content and have, since the 1960s, begun to recognize and celebrate these commonalities. Works Cited: Chapple, Steve and Reebee Garofalo. Rock and Roll is Here to Pay. Chicago: Nelson Hall, 1977. Elkins, Stanley. Slavery: A Problem in American Institutional and Intellectual Life, 2nd ed. Chicago: U. of Chicago Press, 1968. Morthland, John. The Best of Country Music. Garden City: Doubleday, 1984. Oliver, Paul. Savannah Syncopators: African Retentions in the Blues. London: November Books, Limited, 1970. Smith, M.G. "Social and Cultural Pluralism," in Annals of the New York Academy of Sciences 83 (January, 1957):763-777. Van den Berghe, Pierre. Race and Racism: A Comparative Perspective, 2nd ed. New York: Wiley, 1978.

Mental Isolation in Franz Kafkas The Metamorphosis Essay -- Kafka Met

Mental Isolation in Franz Kafka's The Metamorphosis The metamorphosis very possibly was written by Kafka as an outlet for his feelings of isolation and helplessness. In it, the protagonist, Gregor Samsa, awakens one morning to find himself spontaneously "transformed in his bed into a monstrous vermin." The story continues from there in a most realistic fashion: his family rejects him, and he stays cooped up in his room until he dies. Although interpretations of the story differ, my opinion is that Kafka wrote this story as a protestation, whether consciously or unconsciously, of his own inner needs not being met. Franz Kafka suffered from severe mental disorientation. This man suffered severe tragedies as a child: as the first child of Hermann and Julie Kafka, he lived to see two brothers born and die before he was six years old. Although they were eventually replaced by three new sisters, Kafka began his life with tragedies which most people do not experience until they are much older. Kafka lacked parental guidance, as he and his si sters were brought up mostly by governess. He was a Jew, and lived in Czechoslovakia, but he went to German schools. Therefore Kafka masked himself twice, at the bidding of his father. His father had made himself into a successful businessman, and expected Kafka to do the same. Most of Kafka's stories contain or center around an over-domineering, almost frightening father figure. Kafka obeyed his father. He remembered his high school education as being meaningless and dull, but, out of obedience to his father, he completed it, and passed with flying colors. This switching to a less offending option in order to offend no one characterizes Kafka very well. He possessed a wonderful mind but rarely, ... ... express himself openly would suggest otherwise. The Metamorphosis lends itself more to the psychology student instructed to profile an author based on his work than to the literature student instructed to cite and expand on different literary elements. It is obviously the work of a very disturbed man, although the disturbance would probably be more of the chronic type that slowly eats a man away than the type which causes, say, one to hallucinate. To sum up The Metamorphosis, I would call it a very deceiving book. On the surface, the simplistic plot, apparent lack of imagination with regard to the syntax, and the largely flat characters tend to drive the reader away. However, when one looks just a little deeper, Kafka's whole world of fear and isolation opens up before his eyes. Works Cited: Kafka, Franz. The Metamorphosis. Mattituck: Vanguard Press, 1946.

Psy 375 Senior Interview Essay

1. What is the environment of your home like? Busy, before they got guardianship of their grandson, life was quiet and there was not very much that had to be done around the home. Once their grandson came to live with them at age 3, life became â€Å"a buzz† again. â€Å"Before our grandson came to us, we usually would get up in the morning, sit and relax as we drank our coffee and had a quiet breakfast together. Now, we (her and her spouse) are up early to get our grandson ready to go to school. † She also says â€Å"We had time for the things that we wanted to do in our later years of life, visiting family, traveling and such. Now our time is dedicated to raising our grandson who keeps us going and on our toes but we would not change the situations we are in now for the world. † 2. Has aging changed the home environment? Yes, when they were younger, they had the energy and health to do the things they wanted to. Sally says â€Å"With age came some small struggles to stay at the pace we had always had when we were younger. Things that were always easy slowly became more time consuming, housekeeping used to be something that I could complete pretty quickly; now, I am a little slower (with the help of my grandson). Otherwise, she says â€Å"life keeps us all busy. † 3. Do you rely on others for help with any activities in the home? Sally answers â€Å"No, we are still able and willing to do our chores and keep up with the necessary tasks that we have. Although, we do have â€Å"John† (grandson) visit family a few times a month so that we have time to recharge. † 4. Do you still drive? If so, how has aging changed how you drive? Sally answered, â€Å"Yes, we both (her and her husband Mike) still drive. Driving is something that you would think would stay the same as you grow old until you get old. When I am driving now, I feel like everyone is in a rush to get where they want to go and here I am taking my time, trying to be safe while all around me are probably cursing me and saying â€Å"Damn old lady is driving so slow. † (She laughed as she made the last remark. ) 5. What changes in your home do you face as you get older? Sally answers, â€Å"As my husband and I get older, we are starting to be slower at things that once took us very little time. I think as we continue to get older, we will continue to get slower. † She also says, â€Å"With having our grandson home with us, he is helping us when he sees us even struggle a little with even small things. I think as we get older, he will be the one to help us more than anyone else. Recreational Activities: 1. In the past, what did you do for recreation? What do you do now for enjoyment? Sally answers, â€Å"When we were younger and our children were at home with us, we would spend a lot of time outdoors. We loved to go camping, fishing and hunting as a family. As our children got older, they all had things that they were involved in that took that time away that we had for the fun things. † She then explained that as her and her husband grew older, that they became more focused on the things that they wanted to do like traveling and visiting family. Sally then explained â€Å"Now that we have our grandson, I go to the movies, library, and toy shopping an awful lot. † But then she explained that she takes pleasure in spending time with her grandson doing the things that he likes to do because she â€Å"loves to see the smile on his face. † Sally also explained that they are active members of a church that they go to twice a week (Wednesdays and Sundays) and they get great pleasure out of the service. 2. How often do you participate in these activities? Sally says â€Å"When â€Å"John† is a good boy at school and does what he is told here we usually take him out about once a week to do something special. † She then explains, â€Å"Church is a large part of our lives. We go to church not only to worship but also to have time with people that are around our age with and are like-minded. † 3. Have the things that do for recreation changed as you aged? As stated above, in their younger years, their recreation revolved around their family. As they got older, she says â€Å"The things we did slowed. We were not out all the time we possibly could have been. † Sally says, â€Å"We now spend time where we feel most comfortable, church and doing things with our grandson are what we do most now. † Social Support and Interactions: 1. Who do you interact with on a regular basis? Is this the same amount of contact you had in younger years of life? Sally says, â€Å"On a daily basis, my husband and grandson. I usually call my sister every couple days and see how she is doing and on a weekly basis the brothers and sisters I have at church. † She also says, â€Å"In the past, we had friends and neighbors that we were in contact with on a daily basis but as time went on, the friends we have kept are passing away or just losing contact with them all together. It is hard getting older and watching the friends you have start to pass away, it make me think that I will not always be here and then it makes me worry about who will keep our grandson when we are gone. † 2. Do you participate in any social clubs? Sally says, â€Å"The only real structured social club, if you can call it that, would be church activities. On Wednesdays, we go to church for bible study and social time where we talk with our friends there and on Sunday, we go to service that provides us with God’s word and time with our church brothers and sisters. † Meaningful Activities: 1. What gives your life meaning? Sally says, â€Å"My family is what gives my life meaning. I try to do as much as possible to stay in the loop of what is going on with my children and grandchildren. My children have always been the reason that we have worked so hard. We always wanted them to have the better things in life and we wanted them to be happy. † She also says â€Å"Now, my life revolves around taking care of â€Å"John† and making sure he feels that everything is okay and that he has a stable home to grow up in. † 2. Do you still engage in these activities as you did when you were younger? Sally says, â€Å"When we were younger, we had a lot more activities when our children were young. As they grew up, moved out on their own and had families of their own, our lives quieted down and the activities we were always doing changed into activities that â€Å"Mike† and I wanted to do until we got â€Å"John† and once we got â€Å"John† life became busy again with all of his activities. † Mental Stimulation: 1. In the past, what did you do to keep your mind sharp? Sally says, â€Å"In the past, I had my work to keep my mind sharp. I was a secretary at the middle school in the town we live for almost 20 years and was always busy with the tasks that were I had to do. My children also kept my mind going and I loved helping them with their homework because this helped me keep my mind working and remembering how to do problems like math and science. † 2. What do you do now to keep your mind sharp? Sally says, â€Å"Now to keep my mind sharp I do a lot of word and number puzzles. I love to do Sudoku puzzles and word find puzzles. Sudoku puzzles really keep my mind working because sometimes I feel like my hair is on fire when I am done with them (she chuckles.) I also spend time with â€Å"John† to helping him with his homework and I think this helps to keep me learning still because I have noticed that the way children are taught now has really changed from when I had my children in school. † Physical Activities: 1. In the past, what did you do to keep physically fit? Sally says, â€Å"In the past, when my children lived at home, we were always on the go. We would go places where we would walk and hike through the woods like when we would go hunting or fishing. We lives close to the corner store so we would also just walk to the store when we needed a few things instead of get in the car and drive. † She also says â€Å"I never was a really big health nut who was always worried about exercise because my weight was never an issue. I felt that is my weight was good then I was getting plenty of exercise. † 2. What do you do to keep physically fit now? Sally says, â€Å"Nowadays we love to take â€Å"John† for walks at the local trails. It’s nice to be out in the fresh air and be able to not only spend time with â€Å"Mike† and â€Å"John† but to get a little exercise because I have noticed that the older I get the less muscle I seem to have. † â€Å"It seems like the little things are more of a challenge than they were in previous years. Even just opening a jar is sometimes a challenge. † 3. Are you able to keep up with the daily physical stresses that you are tasked with on a daily basis? Sally says, â€Å"Yes, it seems like I am still doing a pretty good job keeping up with everything I have to do on a daily basis (as she looks around her living room. ) She also says â€Å"Keeping a house clean is a chore in its own when you have a grandson to pick up after everywhere he goes. † She also says, â€Å"I get around to the things I need to do now when I get to them. I used to try to make sure the house was perfect when my children and â€Å"Mike† would come home each day and thought that having a clean house for them, food cooking and clothes laid out for them daily was what I was supposed to do. Now that I think about it, I would have much rather of been having fun with them instead of being worried about the house. † Ending the interview, her last statement is, â€Å"Life now is a little bit harder than it was when I was younger. It seems like the older I get, the slower I am. † She then tells me, â€Å"Make sure that you spend your time doing what makes you happy. †

International Commercial Arbitration Essays

International Commercial Arbitration Essays International Commercial Arbitration Essay International Commercial Arbitration Essay Student Number: 16476928 PART I: Question 1 (30 marks) â€Å"An international arbitration procedure is governed by the terms of the agreement between the Parties, by the Rules under which they have chosen to conduct their arbitration, and by the legislation of the jurisdiction in which they have chosen to arbitrate. † Discuss how these three elements interact from the drafting of the dispute resolution agreement through to the enforcement of the resulting Award. International arbitration is the process in which disputing parties from different states can elect to resolve their disputes. The outcome of this is a binding award that due to international law of the New York Convention, can be enforced in many countries. International arbitration awards are final and binding, and their enforcement in provided for by the New York Convention[1]. International arbitration is often described as a hybrid of dispute resolution, as it permits parties a uniquely broad flexibility in designing arbitral proceedings. The elementary factor of all international arbitrations is that it is consensual. Simply, without an agreement to arbitrate, there will be no arbitration. Consent is fundamental in the arbitration process and begins from the very first decision to enter into an arbitration agreement[2]. In addition, the terms of the arbitration agreement between the parties plays a primary role in governing the arbitral proceedings[3]. The inclusion of an arbitration clause in a contract streamlines the resolution of a dispute between the parties, as it sets out procedures from he beginning. By drafting a dispute resolution agreement that specifically accommodates the needs of each party, there is greater assurance of a successful negotiation. The terms between the parties and the Rules which they have chosen to govern their arbitration are highly influential in shaping the dispute resolution process and the outcome. By choosing pre-existing arbitration rules and procedures, as opposed to ad hoc, par ties may feel more secure in the outcome as they are using an established format that has already been proven workable. Pre existing rules offer parties support and guidance throughout the process which can be very significant in shaping this process, as well as the enforcement of the final award. In effect, an institutional arbitration entrusts the arbitration to a major institution, while ad hoc is conducted without this guidance or organisation. For this reason, ad hoc arbitration can be more flexible. [4] Arbitration Rules act as a predetermined system of guidelines and procedures to assist parties throughout their arbitration process. For example, the UNCITRAL Arbitration Rules are a set of procedural rules that afford model arbitration clauses for parties to use in their contract, procedures to be used for appointing arbitrators and policies to conduct arbitration proceedings, as well as requirements regarding the arbitration award. Arbitration clauses commonly state that the parties are bound by the specific Rules of the Arbitration provider that they have chosen. Consequently during the drafting of the dispute resolution clause, parties make a conscious decision on what Rules they want to conduct their arbitration under, as these are the Rules that will govern a future dispute if it arises. Many agreements may not expressly include or outline the provider’s rules, yet they are considered part of the agreement between the contracting parties. Arbitration agreements are often pursuant to a standard form arbitration clause from the institution which they choose to refer to[5]. Rules of each institution provide procedures and policies that are to be followed and adhered to in the event a dispute arises. Inevitably, they will thus govern, to an extent, the procedure conducted in the international arbitration. Many countries laws allow parties generous freedom in deciding the procedures that they would like to govern their arbitration. This is apparent as parties can adopt and incorporate procedural rules of a specific institution, which consequently have a significant influence on the arbitration procedure. Thus Rules chosen by the parties to conduct their arbitration are highly formative in determining the style of the arbitration procedure. As institutional Rules vary, so does the structural style of the arbitration. The freedom given to parties in drafting their arbitration agreement is vast, and is one that is often utilised[6]. While institutional rules outline procedures that are to be taken, detailed regulation of the procedure is up to what the parties agree upon and/or what the tribunal decides. The autonomy of the parties involved in the dispute is said to be a guiding principle in determining the procedures that are to be followed in international arbitrations[7]. The terms of the contract between the parties outlines the obligations that each party has agreed to perform. These terms are used to interpret and resolve any disputes which may arise, in conjunction with the arbitration Rules that have been chosen[8]. The terms of the agreement between the parties create the foundational contractual basis of the agreement. Refusal or failure to perform a contractual obligation will lead to a breach of one of these terms which consequently creates a dispute between the parties. It is then that the arbitration clause is invoked. The law that is applicable to the arbitration agreement is sometimes expressly chosen by the parties. Often the substantive law that governs the main contract between the two parties is the law which governs the arbitration agreement. [9] The procedural law that applies to the arbitration must not be overlooked, as it impacts greatly on the arbitration procedure. Procedural law under which the parties have chosen to arbitrate may require or stipulate specific arbitral procedures or restrain procedures. In addition the procedural law influences the enforcement of the arbitral award. Consequently any exceptions to the enforceability of arbitral awards must be assessed under application of the relevant procedural law in which parties have chosen to arbitrate[10]. There are only limited grounds in the New York Convention for refusing to recognise or enforce an arbitral award[11]. If an arbitration agreement is not valid under its governing law then it is not enforceable. Most of the trading states have legislation regarding arbitration that corresponds with the rule of the New York Convention, which states that arbitration agreements are ‘presumptively enforceable’[12]. If there is a valid arbitration agreement between parties, this confers jurisdiction upon the arbitration tribunal to arbitrate. As a result, the disputing parties are ‘contractually obligated to submit their dispute to arbitration. ’ It is this arbitration agreement, as well as the law governing the arbitration, which vests power in the arbitrators[13]. The New York Convention provides that procedures must be in accordance with the agreement between the parties, and it is this which illustrates the significance that party autonomy plays in the arbitration process. However it is also noted that limitations do exists on this autonomy as a result of mandatory provisions of the law of the state in which the arbitration is conducted. These mandatory provisions mostly designate the boundaries in which arbitrators and parties are to work within[14]. Globalisation has increased trade and investment which has demanded need for methods of resolving disputes which are then enforceable. International Arbitration meets this demand as it allows for flexible and accommodating dispute resolution which is governed by the choices and promises between parties. Arbitration offers flexible procedural rules and practiced legal principles to parties to resolve their disputes. The settlement of international disputes by arbitration is an invaluable feature of the world’s current legal landscape. Carefully drafted arbitration clauses allow parties substantial control over the resolution of their dispute[15], and thus the Rules under which they have chosen to conduct their arbitration play a pivotal role in the arbitration procedure. BIBLIOGRAPHY Clayton Utz ‘A guide to International Arbitration’ (2012) A Guide to International Arbitration- Second Edition. Emilia Onyema, International Commercial Arbitration and the Arbitrator’s Contract, (Taylor and Francis Group 2010) Gary B. Born , International Commercial Arbitration: Commentary and Materials, 2nd edition (Kluwer Law International 2001) Gary B. Born , International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition (Kluwer Law International 2010) Gloria Miccoili, ‘International Commercial Arbitration’ The American Society of International Law. Jeff Waincymer , ‘Procedure and Evidence in International Arbitration’ (2012) Kluwer Law International. Julian M. Lew , Loukas A. Mistelis , et al. , Comparative International Commercial Arbitration, (Kluwer Law International 2003)Randy J . Aliment, ‘Alternative Dispute Resolution in International Business Transactions’ The Brief, 2009 Nigel Blackaby , Constantine Partasides , et al. , Redfern and Hunter on International Arbitration, (Oxford University Press 2009) PART II: (60 marks) 2. The dispute resolution clause is imperfect. Under which Rules will the Claimant likely have instituted arbitration proceedings? State your reasons. [3 marks] Claimant will likely have instituted arbitration proceedings under the ICC Arbitration Rules as they are referred to in the dispute resolution clause of article 47. The facts also state that the claimant filed its Request for Arbitration with the ICC Secretariat in Hong Kong. Also it is likely that the claimant will use the ICC Rules as they are applicable to different legal traditions and to disputes between parties from different parts of the world, regardless of whether they are members of the ICC or not. Furthermore the ICC Rules are purposed for the use of worldwide proceedings conducted in different languages and laws[16]. In addition, ICC Arbitrations can be held anywhere in the world and awards are enforceable in many of the world’s trading nations. By choosing to follow ICC Rules there is greater assurance of a nonpartisan framework to guide the dispute resolution process for parties involved in international commercial business transactions. 3. Draft a better arbitration clause for this Design Agreement. [4 marks] â€Å"Article 47: In the event of any dispute arising out of or in connection with the present contract, the parties agree to submit the matter to settlement proceedings under the ICC ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration. The place of the arbitration will be Melbourne, Australia. The language of the arbitration will be English. The agreement is governed by Australian law, and all disputes arising out or in connection with this agreement shall be resolved in accordance with, the law of Australia. † Assume for the purpose of the remaining questions that the ICC Court accepts the case. 4. The ICC Court decides to appoint a sole arbitrator. Is the ICC likely to choose either Dr Sunderkay or Ms Ixtapa, or someone else? State your reasons. [3 marks] In cases such as this one where there is a sole arbitrator, the process for choosing the arbitrator is dependent on how the decision was made to have a sole arbitrator. In this case, the Court decided that there would be a sole arbitrator and thus the parties will not be granted any extra time to agree on an arbitrator but instead the Court will directly proceed to appoint a sole arbitrator[17]. The ICC is likely to choose someone else, pursuant to Article 13 of the ICC Rules as the disputing parties have not come to agreement about an arbitrator. Under the Rules, the Court must choose an arbitrator while considering their nationality, residence and other relations with the parties and persons in the dispute. The Court has wide discretion under Article 13 to exercise its powers in appointing the sole arbitrator. 5. Who decides which language is to be used in the arbitration proceedings? What is the decision likely to be, and why? [3 marks] Usually the language to be used in the arbitration proceedings is decided and specified in the arbitration agreement between the parties. However, in the absence of such agreement between the parties, the language shall be determined by the arbitral tribunal pursuant to Article 20 of the ICC Rules[18]. In this process, consideration is given to relevant circumstances, specifically the language of the original contract. In this case the decision is likely to be English as the contract appears to be in English. This will be a relevant factor in the decisions of the arbitral tribunal. As English is not the native language of both parties to the dispute, interpretation will be necessary, the costs of which are to be shared equally by the parties[19]. The choice of the language to be used in the proceedings must be carefully considered. Fairness is critical and enquiry must be made to ensure that one party is not disadvantaged by the decision, and that there is not too much delay in hearings[20]. Bearing in mind that the Terms of Reference, the procedural timetable and the procedural orders are to be drafted in the language of the arbitration, the decision of which language to use in the arbitration is a preliminary and critical step. 6. How is the president of the tribunal likely to be chosen and why? [3 marks] Where an arbitration is to have three arbitrators, the third arbitrator will act as the president of the arbitral tribunal. Generally this president will be appointed by the court unless parties have agreed to another process for this[21]. The president of the tribunal is chosen pursuant to Article 13 of the ICC Rules which outlines the ‘Appointment and Confirmation of the Arbitrators’. In choosing the president the ICC Court will consider the prospective arbitrator’s nationality and residence as well as the relationships he/she might have with countries which are involved in the arbitration process, as well as the prospective arbitrators availability and ability to arbitrate within the Rules of the ICC[22]. The Secretary General may authorize a person nominated by the parties to the dispute or a person pursuant to the agreement between the parties, as the president of the tribunal, provided they satisfy requirements in Article 13(2). If the Secretary General finds that a president of a tribunal should not be confirmed, this matter will be then submitted to the Court. Where it is up to the Court to appoint an arbitrator, such appointment shall be made upon proposal, and if this is not successful, can directly appoint any person who the Court finds to be suitable[23], the criteria of such suitability is established in Article 13(4). The president of the arbitral tribunal shall be of a nationality different to those of the parties to the arbitration. However, where circumstances allow and where neither party objects, the president of the Tribunal may be chosen from a country of which either party is a national[24]. As there is much disagreement between the parties surrounding the appointment of arbitrators and no agreement has been come to, it is likely that the Court will choose the president of the tribunal. Furthermore, the dispute resolution clause under Article 47 of the Futurocity Project Agreement states that ‘parties agree that their dispute shall be resolved†¦.. sing one or more arbitrators chosen by the ICC Court of Arbitration’. 7. The parties have agreed that the place of the arbitration (seat) is Melbourne Australia. The dispute resolution clause stipulates that â€Å"New York law is to govern†. Who will decide which procedural law to use? Which jurisdiction’s procedur al law will likely be used? Why? [3 marks] The procedural law of an arbitration is also referred to as the lex arbitri or the curial law. Procedural law is dependant on the seat of the arbitration. Distinction must be made between the Procedural law and the Substantive law. Procedural law establishes the role that local courts will have in the arbitration process. When an arbitration uses a set of procedural rules such as the ICC Rules, the effect of the procedural law is reduced. Pursuant to Article 19 of the ICC Rules, arbitration proceedings are to be governed by the ICC Rules, and where the Rules are silent, proceedings are to be governed by rules that have been chosen by the parties. If the parties to the dispute have not decided on the procedural law to be used, it will be the task of the arbitral tribunal. As the procedural law is likely to be chosen in conjunction with the seat of the arbitration, it is likely that the procedural law of Australia’s jurisdiction will be chosen in this case. The choice of procedural law is an important one and careful choice must be made. If parties do specify the procedural law to be used, it is easier if there choice is the same as the seat of the arbitration. The procedural law affects the enforceability of the award and thus is an important decision in the arbitration process. 8. Make a complete list of the Issues which the Tribunal will have to determine in order to decide this dispute. 8 marks] Is there jurisdiction? Does the Tribunal have jurisdiction over this matter? Have the mediation requirements specified in the arbitration clause been satisfied? Has there been an actual breach of the contract between Condesign and Statinvest? If there has been a breach? What kind of breach? Is it a fundamental breach? Who is responsible/liable f or this breach? Is it Statinvest or SSS Corp? Has the new government actually ‘decreed that Statinvest shall no longer be allowed to administer any internal project of Ruritania’, as alleged by the Respondent? What issues surfaced in the private half-day meeting that was attended by the CEO’s of the two parties? Does the Respondent owe damages and interest as claimed by the Claimant? Should the breach of the Respondent (if there is found to be a breach) terminate the second contract? Should the breach of the Respondent (if there is found to be a breach) discharge the claimant from further obligations with respect to the Futurocity Project? Who is in possession of the Letter of Credit? Is the Respondent obligated to return the Letter of Credit to the Claimant which was provided by the Claimant as Performance Guarantee for the successful completion of the Second Stage of the Futurocity Project? Who is responsible to pay all the costs Arbitration and should th ey fall soley on one party? Should the Claimant have known that the person Mr Dupont wrote to regarding the mediation had left Statinvest? And did this affect Statinvest’s participation in the mediation process? If above affected the mediation process, does it render the Request for Arbitration premature? Did the Claimant name the wrong party in the Request for Arbitration? Is SSS Corp the only proper respondent? Or is Statinvest also a respondent? What is the effect of the new currency restrictions in place since the Revolution on this dispute and this contract? Does the Respondent have a legitimate excuse out of the Design Agreement on the ground of legal impossibility? What should the language of the arbitration be? Assume for the purpose of the remaining questions that the Tribunal has decided that it has jurisdiction to hear this case. The tribunal is you, the sole arbitrator appointed by the ICC. 9. The Respondent writes to you requesting an order for security for costs, stating that the Claimant is a small company with a very weak credit history. If Respondent wins the arbitration, and obtains an order for costs, it is unlikely to be able to enforce that order, because the Claimant has no assets available to pay it. a) How do you deal with this request? [3 marks] It is appropriate to put costs protections in place where there is risk of one party not being able to meet costs that may be ordered at the time of the arbitral award. The Rules of leading arbitral tribunals adopt different approached to the issue of security for costs. The ICC Rules do not specifically deal with security for costs. However, Article 28 outlines the guidelines of ordering ‘Interim and Conservatory Measures’. This provision allows for broad scope for the sole arbitrator or arbitral tribunal to grant a measure such as the one requested by the Respondent in this scenario, as the tribunal considers appropriate. The wording of this provision allows for great flexibility, scope and interpretation. Therefore as sole arbitrator I would weigh up the relevant criteria to determine whether I will grant the request of the order for security of costs. In addition, Section 23K Model Law allows the arbitral tribunal to order security for costs ‘at any time before the award is issued’, while keeping in mind the criteria specified in Section 23K(2) ML. b) What criteria do you use in deciding whether or not to grant the order? [3 marks] In deciding whether to grant the order or not, the sole arbitrator must weigh up the negative and positives. Consideration must be placed on whether the claimant’s financial situation could possibly jeopardize the recovery of legal costs if they were to be awarded. In addition, an order for security for costs would serve to deter against frivolous claims made by the claimant. However security for costs also places considerable practical and financial constraints on the ability of the claimant to proceed with what may be legitimate claims. For such reasons it can be viewed as a limitation on the right to a fair hearing for the claimant. In addition the claimants financial capacity must be weighed up to assess whether it would be of great disadvantage to burden them with security of costs. In deciding whether to grant the order the tribunal must ask themselves if the claimant is already in financial difficulty[25]. Furthermore, if ordering security for costs, the tribunal must make sure that such an order is not solely made on the party’s nationality or its corporations international foundations[26]. c) What is your decision? [3 marks] As the sole arbitrator I would decide to grant the Respondent’s request for an order for security of costs. Alternatively I would refuse it. I will provide reasons for both answers in the below question. d) Give reasons for your decision. [3 marks] The reasons for granting the above order would be to safeguard the effectiveness of the international arbitration between the two parties. It would also allow for greater enforceability of arbitral awards, thus greater resolution of the international commercial dispute between the parties, while also supporting a fair administration of justice. On the other hand, I would refuse the above request as it may place the claimant at a great financial disadvantage. The claimant (Condesign) are already in financial distress as they have not been paid for the First Stage of the Futurocity design they completed. An order for security of costs may further unnecessarily burden the claimant and harm their chance at a fair arbitration proceeding. Furthermore, by granting an order for security of costs, could act to create prejudgment towards the claimant, which could place limitation on the claimant’s right to a fair hearing[27]. 10. The Claimant writes to you requesting that you order the Respondent to return to Claimant immediately the Letter of Credit, or at least that you issue an injunction preventing the Respondent from calling the Big Bank Trust Letter of Credit. a) How do you deal with this application? [3 marks] Pursuant to Article 28 of the ICC Rules, the Tribunal may order any interim or conservatory measure it deems appropriate, at the request of a party. The arbitral tribunal may do so, unless the parties have otherwise agreed. On the facts of this case, no such agreement appears present. Ordering the Respondent to return to the Claimant the Letter of Credit or issuing an in junction would fall under this provision. However if the arbitrator(myself) grants the measures requested above by the Claimant, it ay only grant the measure ‘subject to appropriate security being furnished by the requesting party’[28]. It is likely that the tribunal will not order the Respondent to return the Letter of Credit immediately, but rather issue an injunction. This would be a more appropriate interim measure at the early stages of the arbitration process, as interim measures are aimed to be ‘grants of temporary relief pending final resolution of a dispute. ’[29] (b) Assuming you decide to grant this application, do you address it to Big Bank Trust? If yes, why? If no, why not? [3 marks] Assuming this application is granted, I would address it to Big Bank Trust as at this early stage of the arbitration process there appears to be some deal of confusion as to who the true Respondent is and thus it would be a lot clearer to contact Big Bank Trust and place an injunction on the Letter of Credit, as the Respondent claims that it is no longer in possession or in control of the Letter of Credit. Therefore, until issues as to where the Letter of Credit is and who the true Respondent are decided, it would be most efficient to address the injunction to Big Bank Trust. 1. About 6 weeks before the hearing of this matter is due to begin, the Claimant’s lawyer emails you, stating that the wife of Condesign’s CEO is terminally ill and not expected to live more than 2 months. He does not want to be away from his wife at this time. The Claimant’s lawyer asks that you either (a) postpone the hearing for approximately six months; or (b) move the hearing from Me lbourne to Paris where the CEO’s mother is in intensive care in hospital. The Respondent acknowledges that in fact Paris is more convenient than Melbourne, but it refuses to change the seat of the arbitration. Respondent opposes any postponement of the hearing, saying that it wants this case disposed of expeditiously. What do you decide, and for what reasons? [4 marks] Changed circumstances of a party, in this case, of the Claimant, can render the arbitration procedure unworkable or impossible, and thus it may be so that in some circumstances changing the venue is necessary, to accommodate for this[30]. Article 18(2) of the ICC Rules provides, ‘The arbitral tribunal may, after consultation with the parties, conduct hearings and meetings at any location it considers appropriate, unless otherwise agreed by the parties’. This provision may allow the tribunal to conduct hearings at a location convenient for the Claimant, in respect of his changed circumstances. However it has been noted that a change of the initially agreed place of arbitration should be a carefully reviewed decision, as the place of arbitration is an important aspect of the arbitration agreement between the parties. On the other hand, just like any other contract, an arbitration agreement is subject to change and interpretation, and moving the hearing from Melbourne to Paris may be the only effective means of ensuring that the intentions and goals of the original arbitration agreement are honored[31]. Therefore I would likely move the hearing from Melbourne to Paris. 12. On the first day of the hearing, which is expected to last 5 days, the Claimant’s lawyer advises you that its â€Å"star witness† refuses to travel to Melbourne as he has a serious case of aviophobia (terror of flying). The Respondent’s lawyer says that according to IBA Rules you should simply strike out the witness statement of this â€Å"star witness† if Respondent does not have the chance to question the witness about his statement. How do you handle this situation? [4 marks] The IBA Rules are designed to be used alongside other rules that govern international arbitrations, such as the ICC Rules. The parties have not directly mentioned the IBA Rules in their dispute resolution clause, and whilst they are not binding, they still remain influential over the arbitration process. Specifically, when parties come from different legal cultures, as is most likely the case in this scenario, the IBA Rules become a very useful guiding tool. Pursuant to Article 4. 7 of the IBA Rules the Claimant’s ‘star witness’ whose appearance has been requested pursuant to Article 8. 1 IBA Rules, shall have their witness statement disregarded due to failure to appear for testimony without a valid reason. However Article 4. 7 provides that there is discretion for the Arbitral Tribunal to decide otherwise, in exceptional circumstances, to not disregard the witness statement. Consequently, it remains up to the discretion of the arbitrator to decide if the star witness has a valid reason for not appearing and whether exceptional circumstances have been evoked. Decision would need to be make surrounding the star witness’ serious case of aviophobia. In addition, Article 8. 1 states that ‘each witness shall appear in person unless the Arbitral Tribunal allows the use of videoconference or similar technology with respect to a particular witness’. Thus, this provision allows for alternative methods of questioning, and the Respondent could possibly question the witness over videoconferencing, rather than in person. Furthermore, pursuant to Article 22 of the ICC Rules, which outlines the Conduct of the Arbitration, it is up to the arbitral tribunal in all cases to act fairly to ‘ensure that each party has a reasonable opportunity to present its case’. Therefore, as the arbitrator, I would be striving towards conducting an equal and fair arbitration proceeding that would allow both parties to present their case and use their witness statements, which is provided for under both the ICC Rules and Model Law Rules (Article 18) which are applicable to Australian Arbitrations. As it is also important that the Respondent has the opportunity to cross-examine the witness I could allow for videoconferencing for this to happen, while allowing the ‘star witness’ statement to be admissible. 13. The hearing has ended and you have received post-hearing briefs and declared the procedure closed under ICC article 27. In reviewing the transcripts and your notes, you realize that there is an important question, which neither party has addressed in its arguments. You need to know the answer in order to make a logical and fair decision. What, if anything, can you do? [4 marks] Pursuant to Article 27, the arbitral tribunal has declared the proceedings closed and thus ‘no further submission or argument may be made, or evidence produced’. However this provision states that this may be possible if requested or authorized by the arbitral tribunal. Being the sole arbitrator I would consequently have authority to invite further submissions and evidence from the parties in an effort to make a logical and fair decision. 14. You have submitted your draft award to the ICC for scrutiny. A few days ater, at an international arbitration conference, you find yourself seated at the head table, next to Counsel for the Respondent in this case. Respondent asks you a few innocent questions about when you expect the award to be available. You reply vaguely that the award will probably be sent out â€Å"in a month or so†. Counsel then tries to engage you in a discussion of the merits of the case. How do you respond? [ 3 marks] Article 11 of the ICC Rules states, ‘Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration’. The very nature of arbitration, and one of its most desirable features, is its fairness and impartiality. In addition, it is widely regarded that arbitrators ‘shall be and remain free from bias’[32] Specifically, for the duration of the arbitration process, the Arbitrator should seek to avoid any communication with a party or representative of a party, and if this said communication cannot be avoided, the arbitrator should seek to inform the other party of this[33]. Thus, when Counsel tries to engage me in a discussion of the merits if the case, I would refuse to continue discussion, and then I would explain the above guidelines regarding the ethics of Arbitrators, as well as inform the other party of this communication.

Journey essays

Journey essays I came on this art trip last semester in October at that time in my life I was going through an extremely hard point in my life. I had made some choices that affected me in an awful way, it was destroying every one I loved and cared about. Most importantly it was destroying my soul, and the sprit inside of me. However I pulled my self out of the hole I had dug for myself and with the help of my Heavenly Father and Jesus Christs out stretched hands. Now here I am in the 2nd semester with one of the biggest questions knocking at the door of the rest of my life. Should I or should I not get married? So here I am again at the cross roads in my short For many people on this trip the come to look at art. However for me, I do not come here to look at art I come here to feel the art. For my entire childhood, I grow up with art! My grandfather is a tremendous artist. Painting large brush stokes full of oil paint, every stoke told a story. Oh and the smell of drying oil paints on a warm summer day is a smell one can never forget. His mind knowing the which of the brilliant colors to mix, and leading his hands as his wrist would swoosh and slide across the canvas leaving behind them the sign not only that he had been there but also that God had a say in this magnificent mind that lead the gifted hands across the canvas. Heavenly Father and Jesus Christ what glorious names, and isnt amazing to think that they created every single microseism that creates a single petal, that transforms into an exquisite flower, which is held up by a stem, which is secured by roots that stand firmly in the earth, and it is those roots that allow the flower to grow and bloom. God him self created that, such a simple figure and yet in lives across the world and for centuries before and after us have experienced ...

Rainbow Fire Halloween Jack-o-Lantern

Rainbow Fire Halloween Jack-o-Lantern Create a spectacular multicolored fire pumpkin for Halloween! This rainbow fire jack-o-lantern is easy to make.   Rainbow Fire Pumpkin Materials You only need a few basic materials for this project. The hand sanitizer contains alcohol, which is flammable, but self-extinguishes due to the water in the product. The boric acid or borax provides additional color to the flames. Carved Halloween jack-o-lantern (use a real pumpkin - plastic will melt!)Hand sanitizerBoric acid or borax What You Do Smear hand sanitizer all over the outside and inside of the jack-o-lantern.Dust the pumpkin with boric acid or borax. You dont need very much to achieve a nice colored effect. Just a light sprinkling will suffice,Ignite the jack-o-lantern.The flame goes out on its own fairly quickly as the alcohol in the hand sanitizer gets used up, leaving you with water. How It Works Boric acid or borax (either works) emit a green light when heated in a flame. The jack-o-lantern gives off a multicolored fire because you have the natural blue of the alcohol flame from the hand sanitizer, the green from the boric acid, orange light coming through the carved pumpkin, plus other colors from where the pumpkin juice mixes with the flame. The pumpkin flesh contains sodium, which imparts a yellow color to the fire. Tips and Safety You dont have to use boric acid or borax. Try other flame colorants for a different color blend.This is a fire project, so adult supervision is required.Be sure to perform this project on a fire-safe surface.You can extinguish the flame at any time by blowing it out.

Who Am I Essay Example | Topics and Well Written Essays - 750 words

Who Am I - Essay Example Having listened to their experiences, I used to feel so lonely when I realized I was alone. My family only had me and my two parents. There was no 4th individual in our family. I always used to wish I could expect a sibling if I did not have one. I wished I had a brother with whom I could fight or a sister that I could take care of. But why I never had them, I did not know. Occasionally, I would speak of my loneliness to my parents. In turn, they would console me and get me distracted one way or another. One day we had a gathering at our home. All of my cousins were there. Elders were all busy gossiping in the living room. I was in my room with my cousins. One cousin of mine, Stuart, was quite older than me in age. I was showing him my rackets. He said to me, â€Å"Who do you play with when you are at home?† I said, â€Å"Mummy or daddy, depends on who is available.† I added, â€Å"At times, I play against the wall.† He said, â€Å"Do you know why are you alone?† I thought he was close to giving me the answer I was longing to listen. So I expressed my interest in knowing what he was about to tell me. He said to me, â€Å"Alan, you are an adopted child.† I felt like I was electrocuted. It felt like someone had buried half of me into the earth and was hammering on my top to insert the other half. I was stunned and shocked. Five years have passed since then and I still do not know why he did that to me. Of all the people in the world, why would he do this to me? Of all the things in the world, why would he say that to me? These are the questions I have been asking myself ever-since that happened. But I could still find no answer to my own queries. My world changed from that day onwards. I did not believe Stuart in the start.

Global warming Essay Example | Topics and Well Written Essays - 500 words - 3

Global warming - Essay Example Heating up and increasing the levels of our oceans has many ill consequences the most obvious of it are storms, hurricanes, droughts, chilly winter and extended rainy season that we experience. In addition to extreme weather patterns, global warming also harms our food source as it also kills many organism in our oceans which disrupts our ecosystem3. This harms our food source because it would mean lesser catch of fishes in the ocean. This is bothersome because our food source is diminishing while our population continue to increase creating a vicious cycle of increased number of people polluting the environment that causes global warming while food supply continues to diminish as our population grows4. The alarming effects of global warming made many writers to take up the cause to sound the alarm bell before it is too late. Their approach in educating and warning the public takes in several forms. There is Michael Pollan who wrote several books, articles and novels such as The Omnivores Dilemma that warns us about the global warming and its effects. Another author who writes in scientific journals is Antipas Massawe who confronted the issue by informing us how global warming is caused and that it requires collective effort to address it. Then there is the former Vice-President of the United States who was among the pioneers in raising public consciousness about global warming with his documentary The Inconvenient Truth. WWF on the other hand is a Non-government organization that reminded us that global warming also affects our food source. At the rate that we are still spewing carbon gases into the atmosphere, it will not be long that our planet will no longer be habitable because of the apocalyptic consequence of global warming. All the signs of an impending apocalypse are already present with our storms getting stronger, hurricanes getting fierce, with floods that already kills and

Trifles by Susan Glaspell Assignment Example | Topics and Well Written Essays - 500 words

Trifles by Susan Glaspell - Assignment Example and Mrs. Wright in the eyes of the investigators as well as the two women who played most of the parts in the drama, Mrs. Peters who is the sheriff’s wife, always understanding the job of the investigators but took the side of Mrs. Wright in the unfolding of the story and Mrs. Hale who is the neighbor of the Wrights and wife of Mr. Hale who was the first to learn about the crime. As the title connotes, the theme of the story is about trifles or insignificant matters which to the men in the story were the worries of the women. The county attorney presented the politician’s gallantry, wanting to please everybody just like when he wondered what men could do without the ladies in response to the worries of women over trifles. The sheriff on the other hand strives to please the lawyer by explaining the details of his actions right from the start of the drama. In the course of the investigation, the two women came across things that were considered insignificant to the invest igator but to the realization of the women, were the very important information the investigators were looking for to show the motive or cause of the murder. When the two women were left to themselves to find things for Mrs. Wright who requested some specific things she wanted fetched for her self, they found her sewing basket that revealed in part the evidences the count attorney and sheriff wanted to find out.

Research paper, chidren and junk food, what is the most influential Essay

Research paper, chidren and junk food, what is the most influential environment on children' love for junk food - Essay Example In this context social environment includes political and economic aspects outside the family environment. The thesis of the paper states that the family unit is better placed to deal which children food behaviors given the fact that it can regulate the impacts of social environment. Family environment is said to have the most significance impact on the choices children make especially with regard to fast foods. Mothers with a preference of junk food especially during pregnancy or breastfeeding are likely to pass the same eating choices to their children. According to a research by University of Adelaide, children can be addicted to high-sugar diet through maternal influence. The research urges that fast food is responsible for production of dopamine, which is a feel-good hormone. It remains active among the children born to mothers with high levels of the hormone. Such children will have to eat higher amounts of junk food to achieve the same stimulation. The research suggested that junk food is addictive. Some parents fall short of resisting children demands. The end result is that they give them money to purchase junk food. Fast food should be balanced with healthy food. Parents are expected to resist unhealthy demands from children especially with regard to fast foods. The internet has had a significant impact on the home environment (Whitacre 39). Parents rarely encourage healthy lifestyles for their children. In the United States, many children have television sets in their bedrooms (Whitacre 33). A rising percentage of children between 6 and 17 are said to have exposure to unhealthy food through television influence. This has led to increase energy intake through junk food. According to AAP, children should not have television sets in their bedrooms. Research indicates that a large number of children do not eat meals together with their family in most days of the week. This is encourages unchecked food behavior among children. According to studies, health y eating behaviors are said to develop when families take meals together. It is estimated that food prepared at home is more nutritious that take away or fast food. Families are better placed to regulate sugar intake and access to drinking water. This improves the food environment and minimizes the effects of fast foods. Parents are better placed to regulate the movement of children. This means they can limit access to retail venues that offer fast foods. The level of exposure and parental guidance plays a major role in the health and eating habits of a child. Parental advice can make children less susceptible to fast food campaigns (Whitacre 29). Research indicates that children tend to have parental preferences. Yet, few parents take time to discuss eating habits with their children. This has caused the social environment to overwhelm the family environment is some instances. There is a massive compaign against fast food. Some parents have rejected some schools on the basis on die t alone. Parents can influence the school diet by choosing institutions that are sensitive to children healthy diet. A compelling example is the schools that ban sodas and sugar-sweetened food. The role of social environment is expansive. Fast food bans for children would be welcome. This would mean banning some fast food restaurants that target children. It would also encourage banning fast food in school environments. The number of fast food chains has been increasing. The restaurants are available in local environments. Most of the choices

Does the EU have negative impacts on small states in the EU Does it Research Paper - 1

Does the EU have negative impacts on small states in the EU Does it fringe them The divide between the north and the south - Research Paper Example Additionally, it is hard to identify the similarities among the foreign policies of these small states. On the other hand, it is a challenge to enhance the influential factor on their international relations. It comes to a point that we need to plan and strategize what we know and what we need know to identify and understand the challenges facing the small states. This article confirms such doubts by giving answers to four questions: what is a small state according to the European Union? What is the behavior of a small state in the European state? What are challenges facing the small states in the European Union? What are the general effects of European Union on the small states in the European Union? This paper adopts the thesis statement that European developments have brought out many alterations on small states. However, these alterations occur in both positive and negative measures. Smaller states are in consideration because their economic development happens to less than compared to other bigger states such as Britain and France. Additionally, the population level in small states happen to be low than the bigger states. In most cases, such small states have less influence on the decisions made by European Union. Such happenings happen to be in existence because decisions made by European Union during different summits affect these small states in general. For example, the regulations set to regulate the interest levels have affected the small states both positively and negatively. This research is beneficial since it initiates better understanding on the policies affecting small states either positively or negatively. Additionally, this research identifies the major reasons as to why such small states are affected by the policy developments made by European Union. In general, the research will offer differential weight on the benefits and effects of policy development by the European Union to the small states. The relevant question at hand

Research paper, chidren and junk food, what is the most influential Essay

Research paper, chidren and junk food, what is the most influential environment on children' love for junk food - Essay Example In this context social environment includes political and economic aspects outside the family environment. The thesis of the paper states that the family unit is better placed to deal which children food behaviors given the fact that it can regulate the impacts of social environment. Family environment is said to have the most significance impact on the choices children make especially with regard to fast foods. Mothers with a preference of junk food especially during pregnancy or breastfeeding are likely to pass the same eating choices to their children. According to a research by University of Adelaide, children can be addicted to high-sugar diet through maternal influence. The research urges that fast food is responsible for production of dopamine, which is a feel-good hormone. It remains active among the children born to mothers with high levels of the hormone. Such children will have to eat higher amounts of junk food to achieve the same stimulation. The research suggested that junk food is addictive. Some parents fall short of resisting children demands. The end result is that they give them money to purchase junk food. Fast food should be balanced with healthy food. Parents are expected to resist unhealthy demands from children especially with regard to fast foods. The internet has had a significant impact on the home environment (Whitacre 39). Parents rarely encourage healthy lifestyles for their children. In the United States, many children have television sets in their bedrooms (Whitacre 33). A rising percentage of children between 6 and 17 are said to have exposure to unhealthy food through television influence. This has led to increase energy intake through junk food. According to AAP, children should not have television sets in their bedrooms. Research indicates that a large number of children do not eat meals together with their family in most days of the week. This is encourages unchecked food behavior among children. According to studies, health y eating behaviors are said to develop when families take meals together. It is estimated that food prepared at home is more nutritious that take away or fast food. Families are better placed to regulate sugar intake and access to drinking water. This improves the food environment and minimizes the effects of fast foods. Parents are better placed to regulate the movement of children. This means they can limit access to retail venues that offer fast foods. The level of exposure and parental guidance plays a major role in the health and eating habits of a child. Parental advice can make children less susceptible to fast food campaigns (Whitacre 29). Research indicates that children tend to have parental preferences. Yet, few parents take time to discuss eating habits with their children. This has caused the social environment to overwhelm the family environment is some instances. There is a massive compaign against fast food. Some parents have rejected some schools on the basis on die t alone. Parents can influence the school diet by choosing institutions that are sensitive to children healthy diet. A compelling example is the schools that ban sodas and sugar-sweetened food. The role of social environment is expansive. Fast food bans for children would be welcome. This would mean banning some fast food restaurants that target children. It would also encourage banning fast food in school environments. The number of fast food chains has been increasing. The restaurants are available in local environments. Most of the choices

Describe and compare the economies of the UAE and Australia Essay

Describe and compare the economies of the UAE and Australia - Essay Example During these crises, still there had been economies that featured sustainability and growth. Growth of BRIC countries is no exception. Among the growing economies, Australia also featured sustainability and growth with the support from its rich mineral resource base mainly and sound economic policies while UAE has sustained against the devastating impact of Arab up spring. Based on these facts of sustenance, the purpose of this report is to examine two countries on the economic front exploring similarities and differences in their economic mechanism. Two countries selected for the purpose, includes Australia and UAE as these two countries have made sound efforts in retaining the performance of the economies. INTRODUCTION TO ECONOMIES AND CRITICAL BACK GROUND Australia, country comprising entire continent and 48 states, has in the recent past transformed itself as among the internationally competitively advanced market economies. Country is rich with natural resources and hence, attra cts huge foreign investment such as US$40 billion Gorgon Liquid Natural Gas project being among the huge investments in the country (CIA, 2012a). As quoted by The Australian Mines and Metals Association projects estimate of $427 billion of resources in pipeline and stated projects include $146 billion project related to liquefied natural gas only (Das, 2012). The country has managed to escape the global financial crises with boomed commodity demand that increased Aussie export by 42% since 2004 only; exports mainly to China (23% of Australian direct export to China) and diversion of investment in commodity due to lost confidence in financial instruments. All these external factors supported by government policies mainly by managing its debt position; reducing annual interest rate from 7.25% to 3.0% managed to minimize the impact of global financial crises. Despite Australian economy has managed to escape the global financial crises; however, the basis that provided country ground to take off flight from financial turmoil are dampening. For increased investment in the commodity by China was resultant of its capacity and need to the balance the risk it (China) had from its investment of US. 3.2 trillion in US dollars, euro- and yen financial securities (Das, 2012). Hence decline in the capacity of China, European banks diverting their investment to domestic market to boost local economy and external funded investment in resource taking sizable portion of the return from to investor leaving less for the country. Moreover, increased debt rollover capacity has also increased the concern for the country and it probability to take off flight, similarly as it did in times global financial crises, are not similarly high. Currently, GDP of the country for the third quarter of 2012 has been 3.10% (as compare to similar period of Y-o-Y basis); overall near to average that country has been maintaining (Trading Economics, 2012a). (International Monetary Fund, 2012) ECONOMIC VARIABLES FOREIGN DIRECT INVESTMENT (FDI) Australia has managed position among the top ranking countries in fetching

Presidential Speech Essay Example for Free

Presidential Speech Essay In Barrack Obamas Second Inaugural Address he mentioned how he wants to improve the United States by having better education, having womans right, gay rights, virtue programs for the retired and disabled, the importance of tackling global warming, and immigration reform. In the speech he gave he talked about what brings this country together is not the race or beliefs of people but the idea articulated in the declaration of independence and how the founding fathers of this country did not mean to become deprived by the constitution and that patriotism was not the preserve of the right. After everything that has happened in this country we are recovering, our future is looking brighter. He wants to grow government in order to remake our country along his progressive vision. He also wants to increase our taxes instead of reforming medicare and social security. This speech is also about how the ones who died in the army or in 9/11 are the ones who have paid for our freedom we have in this country. Everyone in the United States is given a chance to succeed, no matter how poor they may be because they are an American and we are free and equal. This speech is also about how we should be aware of those who want to harm us and do bad and show courage and defend each other peacefully. He believes equal pay for women, equality under the law for gays,voting rights, immigration reforms and higher employments are the keys to further Americas journey towards its highest ideals. He promise to further the journey as part of his oath and asked for us to accomplish the same oath. He also promised to keep existing alliances strong, emphasized the end of wars and the economic recovery. Obamas second Inaugural Address took place on the national day that celebrates the civil rights leader, Martin Luther king Jr. In his speech he had mention â€Å"we learned that no union founded on the principles of liberty and equality could survive half slave and half free.† Obamas Inauguration theme was â€Å"Faith in Americas Future† which was about the 150th anniversary on Abraham Lincolns emancipation proclamation, this was when Abraham Lincoln announced slavery illegal and wanted equal rights for everyone. I think the speech Barrack Obama gave was good and bad at the same time  because he probably lost a lot of people when he mention the gay rights and immigration reform. But also gained some votes from the Hispanics and young adults because young people accept gay rights than most of the country. I think he does make a point in wanting to pass the pathway to legal status for undocumented immigrants instead of mass deportation because a lot of people come to the united states to find a better future for their children. Those immigrants see this country as a land of opportunity. Since Barrack Obama gave this speech, nothing has really occurred ,other than Obamas residential order which is similar to the dream act. The people who qualify for this must be between the ages 12-35,arrived in the United States before the age of 16, lived in the United States for at least 5 years, and have graduated a highs school and obtained their diploma or GED. This allows a dreamer to get their work permit for two years, and a drivers license. Even though immigration reforms are not passing and are having issues with it, it is moving forward.

The Use Of Icts In The Airline Industry Tourism Essay

The Use Of Icts In The Airline Industry Tourism Essay Information and communication technology is the new style of doing business in a useful method. This method was using since 1930s. in past 15 years this system have followed by various industries such as retail, banking, telecommunication, government, tourism etc This method covers huge series of applications like internet, wireless, Digital Cameras Wi-Fi, VIOP, GPS, Digital Radio, etc. all the industries are trying to apply this method from one way or the other to develop their business performance. in an article they have mentioned (daily telegraph IT) that majority of organizations will not 24hrs without the help of ICT This growth was expected and this made the work easier and faster. This is the main reason why outsourcing of work start. The cost of making was condensed and so was the cost of goods. This technical development has removed the national limits and helped various industries to go worldwide, thus mix markets as well as market across the world. This rapid growth in the technology has lead to the concept of E-Business and E-Commerce. With e-business there are various advantages due to the presence of global audience, online transaction, etc. This is playing a major role in reshaping the tourism sector across the world. This concept of ICT has brought people much closer to the tourism service providers. Now, customers do most of their holiday or travel plans online. Many tourism companies are adopting this technology. The tourism sector being one of the traditional sectors it was not a smooth ride in taking up this technological advancement. Many small could not afford this kind of investment. They had to terminate a lot of workers as after this advancement there was minimal response to the traditional high street travel agencies. Although physical services are the core products of industry, it is dominated by information systems. (Shankar, 2008) ICT for business and the travel industry in particular: Information technologies have made high changes in the environment by using the new technologies in business. Information Communication Technologies (ICTs) can provide powerful planning and planned tools for organizations when properly applied and used can bring more advantages for promoting and strengthening their competitiveness. The increase of the Internet, as a main stream communication media and as an info-structure for business dealings has a high range of designed implications for businesses and for the travel and airline industries mainly ICT revolutionized business processes and practices The current ICT developments have vast implication for the business, structure. And plan of organizations. The computation of future market will leads to a great extent and it will depend both such as development and purpose of these technologies. The creation of the World Wide Web will forces most of the organizations will make to re think about two things i.e., In which they are performing their business. How they can re-engineer their business methods. The business can be performed more efficiently by system, by facing so many new opportunities and challenges. ICTs contribute towards good organization, output and competitiveness development of both inter-organizational and intra-organizational systems. The affiliation between ICTs and competitive advantage and their performance is still vague. Even though there is an indirect and complex sporty relationship between ICTs and success, it is difficult to be measure and describe. Technologies have already developed a wide range of functions including business functions, external environment monitoring, communicating with associates and with clients in high level. Clear planned goals and obligation are basics for the growth of a proper ecommerce plan and the growth of web sites and other technological solution. The growing mobile technologies and mobile business are estimated to modify severely a number of industries and to force business to think again about their strategic management. ICT in the travel and tourism industries The main function of travel and tourism industries is run by ICT. The internet will allows them to demonstrate their products clearly and they can communicate easily with the customers. Intranets will provide friendly environment access for employees of organization , extranet will shows authorized partners with the ability to use computer information to operate through online, so many internal management applications shows the planning and operational management and marketing of travel organization. ICTs support all business functions and are critical for operating in the travel industry as a worldwide. Few other industries rely on so many partners to work together directly for delivering their products and few other value chains are as involved as the one for travel. ICTs provide the tools to look for important and profitable place market segments, to identify their value added components Cost success and suppleness are serious assets contribute by ICTs in this process, as they help the cost decrease and make best use of effectiveness. The power of ICTs on travel business is enveloping, as information is serious for both day-to-day operations as well as the planned management of organizations. On the strategic level, travel organizations have to constantly assess for all elements of their outside surroundings, as well as their opposition and customer requirements, and so, adapt themselves in order to improve their competitiveness. Using ICTs, tourism organization can make a distinction their product customizing the final product and by adding value according to person supplies. ICTs support the strategic management of travel business by allowing long-term result making and by providing a platform for teamwork and dealings between associates. ICT will help the complete industry to operate by empowering internal procedure, coordinating partners, as well as by interact with future travelers and the general public. As a result, the recent ICT developments have develop the entire system and have thoughtful implications for both the strategic and planned management of travel organizations. Most important that they have severely changed the industry structure and polluted the competitiveness of all players in the market. Airlines and the Internet revolution Internet was introduced in 1990s and due to the development of intranet and extranet have forced on airlines to make a changes in their panning on technical improvement in order to enhance their competitiveness. Finally airlines have identified that the internet is important product to handle distribution costs and to modify the structure of the industry. In 2001 that British Airways CEO ROD Eddington said that BA spent 1.1 billion of pounds on distribution and that have became the third most costly after labour and fuel In the Internet era, GDSs is as self-governing business from airlines developing their offer to provide the backbone for the complete industry to establish the info structure for the dealings undertaken by high number of Internet travel entrances. In addition, they slowly reinvented themselves to main technology suppliers for a broad range of tourism organizations as well as airlines, travel agencies and Internet travel portals. At the same time a number of plain airlines appear in both countries i.e., Europe and the US. These airlines concentrated on lower input cost in as many areas of their operations. They also developed simple distribution strategies and took full benefit of the Internet for converse with their clients. Internet near the beginning adopters, such as both well-established and newly-established airlines recognized a clear opportunity. They invested a lot in order to develop their on-line brand name and to gather the important market share. Some of the high established airlines, such as American Airlines. Recently established airline industries such as Bratthens, Rynair and Easyjet they have adopted the Internet from the early stages. Several carriers even decorated their aircraft with their Internet address at the same time as they arranged special promotions with the media to make transfer to their web sites. They provide incentives for consumers to book online and ensured that they were not distributed through the GDS in this way airline are forcing their clients online. Easy Jet and Ryan is a good example: In the year 2002 the majority of airline booking have done through the internet and the consumers have got the 5 pounds discounts on their original. No frills airlines are managed by the Internet and other ICT tools, made the industry reengineer. By introduced a number of ICT-enabled innovations including: Electronic/paperless tickets Transparent and clear pricing led by proactive and reactive yield management Single fare tickets with no restrictions on staying or Saturday nights rules Commission capping and publication of net fares Financial incentives for self-booking online Auctions and online promotions Powerful Customer Relationship Management Systems Online and context-relevant advertising As the customers are enjoying the facilities which have provided by the airlines and the customers are benefited by low rates provided by the airline. Therefore some of the airline have followed the no frills carriers to develop their online marketing and to also satisfy the customer needs HISTORICAL DEVELOPMENT AND THE USE OF ICTs IN THE AIRLINE INDUSTRY: Most of the airlines are using advanced ICTs and mostly the airline functions highly depended on ICTs. Sharing and partnership is perhaps one of the most important areas of ICTs contribution. Majority of low-cost to be dependent on support on ICTs for displaying their availability and for the communication and transaction with their clients. ICTs have the equal importance in operations management and contribute for the improvement of procedure and processes and also good facilities such as in flight entertainment and good customer service Most of the airlines have been investing on ICTs service since 1950s. They have introduced ICTs to get effective, quickly, quality and exact procedure of their inventories (reports) in which to communicate easily with travel agencies and with others. When the airlines have changed the date, time and route to update easily with in fraction of seconds for the clients. SABRE computer reservation system (CRS) was introduced in 1962 by American airlines alternatively to expend its Boeing 770 fleet by 50% (8-12 aircrafts). This project have described as a technically to feel amazement to represent a program task that increase the power of coding efforts which is needed for NASA Project Mercury . In mid 1970s SABRE have made as a powerful inventory control system. SABRE made base for the changes in flight plans for aircrafts, tracking spare parts, managing events for crews and for developing the level of decision support system for the airlines management. Then after all the airlines have followed the same system to provide the facilities to satisfy the clients (customers, consumers) needs. In 1970s USA air transportation deregulation made airlines to make a changes in their fare and routes. This have made a huge growth of air traffic and increased the demand for information, CRS gave a chance for airline to improve their internal organization and CRS have made into powerful tool (product) to control the airlines inventories (reports) in this way CRS made airlines to communicate easily with travel agencies, consolidators, other distributors by providing update routes, availability price standards. Because of deregulation airlines have increased the tariffs and computing and communication needs. Agents and others have used newly introduced computer technologies to control their reservation and to get easily about tariff information. Slowly CRS have became strategic business unit (SBU) in its own way, because of one reason i.e., huge usage of this in airline (airline are using more because due to this they have increased their income or sales ratio). In 1980s airlines and CRS executives realized that air transportation was a fairly small and has large travel experience then travel agencies are demanded to increase the number of carriers from a single terminal and to increase the value of information on destination. CRS were developed to much and introduced GDS (Global distribution systems) by offering a huge range of tourism products, such as hotels and car rental reservations. SABRA system have developed there database to include their itinerary and inventory from other airlines, the same procedure have introduced in EUROPE to develop the Galileo and Amadeus GDSs, then GDS have became backbone of airlines by providing good communication between airlines and travel agencies. GDS will handle millions of tariffs in their database by making 40 millions of changes in their inventories in every month. Finally GDS have developed their standards to control more than 500,000 passengers records and nearly 2000 messages in each second. In 1990s GDS have became like a travel supermarket by offering information and reservation capacity by providing high level of travel products such as accommodation, car rental, exact plans for non- air transportation etc., GDS offer a chance for travel agencies to access their essential information on their screens and to develop the travel schedule (itinerary) from the convenience of one inter-connected system. GDS have became a one of the marketing, important procedure for scheduled airlines operational and strategic agendas as they can control and distribute the majority of airline seats. Due to some changes CRS results into four major GDS such as SABRE, world span, Amadeus and Galileo. These four GDS have the permission for recruiting the travel agencies and they select their own market place by increasing number of value added services for travel agencies and airlines. The below table will shows ho GDS moved highly successful business in their own way by getting and providing high profits for airlines, travel agents and others. S/ no Company Period ending Worldwide locations segments per year (m) Total revenue (m) Operating expenses (m) Operating income or loss Operating margin Other income Less taxes Net earnings /loss (m) Net margin Sales and marketing support: Airlines contain lengthy used internal Computer Reservation Systems. Airline are using this to co-ordinate easily with GDSs and with the airline Internet site in order to increase the sales and marketing by distributing inventory globally .airline is using these systems to issue electronic tickets and to sale their e-tickets in hyge number by travel agencies over all the world. Inter views suggested that they greatly need to encourage their web site as their primary reservation path and as an alternative to the GDS/travel agency route. Such systems link all partners in the handling process, automate procedures, and support smooth communication flow. Airlines try to do something by use technology to improve their effectiveness and therefore they attempt to combine new technologies such as electronic scales, stacker systems, handheld terminals, and bar coding to increase their usage competence and to reduce preparation costs. These systems will support the airline internally such as administration, accounting, and passenger or goods handling process by coordinate inventory management, sales and marketing, yield and revenue management, ticketing, and departure control systems and other departments. Airlines will use decision support systems to control traffic and bookings on computer reservation systems because in order to identify customer activities, traffic flows or trends, as well as the performance of followers and sales agencies. This system will also follow the pricing of their challenger for several city join up. These systems will also permit airlines to charge their situation against the performance of their competitors and also accept positive and immediate actions. A broad information foundation will show the way to more right decision for heart airline plan and arranged activities, such as marketing sales, schedule planning, yield management, and pricing. Distribution, marketing and sales support with partners In the past majority of marketing and distribution of airline are done by the travel agencies for the distribution of their products. Then now the air line are linked travel agencies is normally facilitate by the global distribution systems and they provide the info structure for the itinerary building and facilitate for the total transaction. Airline high level management employees have explained that they like to communicate with the travel agencies on Extranet, by using internet in order to avoid the GDS bookings fees. For example British airlines have developed a separate web site for the travel buy and sell (www.batraveltrade.com). They have developed this website to develop the extranet in order to make easy the process. Some of the travel agencies slowly find out the useful financial features. For example if the customers are using the credit card payment they will charge the airlines for the credit card payment, in the same way KLM provided the web fares for only extranet GDS fares are more expensive to cover the additional costs. Airlines also employed numbers of General Sales Agencies in all regions that they have to stop the person who are operating in their own office do not operate their own offices. They have appointed by international airlines to secure business from IATA and non-IATA agents in markets anywhere agency networks are so far to be fully automated and where airlines need monetary security to cover business risks. They also involved in their reservations and distribution in local and they will maintain the good relationship with the executives to promote the product in the market. Now a day the travel agencies are buying the seats in a large quantity and selling in local market by providing the discounts to customers. These discount rates, can be updated through online for the customers by using ICT Resource Management Systems Airlines are needed to maximize the consumption of their most expensive resources such as human resources and fleet, for that they have to ensure that their tools and aircraft are efficient and its ability fully used. Maintenance Control systems have manages some things such as aircraft maintenance, commercial, and operational requirements. Airlines have to make sure that aircraft and other equipment is frequently maintained and also that technical problems and unprepared services are deal with as capably as possible to minimize out-of-service periods whilst minimizing service disruptions. These systems are built-in with proper systems for allowing airlines to arrange parts and other consumables online, at the same time as engineering systems may be included for providing online manuals and technical support. Technical documentation management systems such as create, distribute, and manage complex technical data and documents. Hence, airlines aim to maximize task force utilization by improving maintenance, repair and repair performance. The airline will get this result by optimizing the supply chain network, aircraft downtime, and materials management. Airlines will manage their crew schedule through crew management systems. Planning duty schedule is a difficult process as there are several key limits including skills and they should have the ability to operate tools, level, immigration problems, rest periods, and cost of rest periods. Crew management systems use complete crew record to start pairing construction, schedule making, and crew manage in order to optimize the human resources performance. They need to be coordinated with all associated activities, such as flight arrangement, operations manager, crew contact, flight meeting, etc. These systems will also undertake a number of usual tasks, such as inspection legalities, publishing rosters and announcements, and administrate hotel accommodations, deadheads and pick-up services. Communicate setting up information with crews (notices) and next duty period (briefings) as well as information regarding flight load, crew composition, aircraft and airport details is also critical. A number of intranet solutions facilitate this process. It is the coordination of all these systems that ensures that airlines enjoy operational efficiency and are empowered to achieve their long-term strategy SWOT ANALYSIS: What is SWOT analysis? Swot analysis is a planned method; this method is used to extract the strengths, weaknesses, opportunities and threats involved in any business project. This analysis will identify the internal and external factors that are useful to achieve the product. Strengths: the point or a quality or a power of a company that are helped to achieve the product. Weakness: the point or a quality or a power of a company which are harmful to achieve the product. Opportunities: the external situations which are helpful to achieve the product of a company Threats: external circumstances which can do the damage to achieve the product. SWOT ANALYSIS OF ICTs IN AIRLINE INDUSTRY