Wednesday, October 30, 2019

Outsourcing Research Paper Example | Topics and Well Written Essays - 5000 words

Outsourcing - Research Paper Example Why are they still outsourcing from these suppliers. Are there more fundamental principles that need to be considered? This work will try to answer these questions and other issues in more details. National Express is the largest scheduled coach service provider in Europe. In the UK, distinctive white National Express coaches operate to more than 1,000 destinations and carry over 17 million customers a year. The Euro lines coaches additionally operate to over 500 destinations within Europe and Ireland. National Express coach services also serve the major UK airports with additional dedicated on-airport coach and bus services operated by Air links that are based at Gatwick. They also provide a Hotel Hoppa service, which links major hotels at both Heathrow and Gatwick to the airport terminals. Other dedicated airport operations help to serve British Airports Authority (BAA) and the wider airline community at these increasingly busy locations. National Express Ltd is also part of a leading international transport provider - National Express Group (NEG), which itself has over 45,000 employees. In addition to train and bus companies within the UK including Gatwick Express, one, Midland Mainline and Travel West Midlands their overseas operations include student transportation and public transit in the USA & Canada, the management of Stewart International Airport near New York and bus and coach operations in Spain operated by Alsa. In total the National Express Group now carry over 1 billion passengers a year. National Express outsources 80%of their services from third party with whom they have long term contracts. With a growing competition from many other operators, the abolition by the government of the subsidies of elderly and disable passengers, and the financial austerity, National Express like many other companies is under lot of pressure to provide a good value for money service. The aim of this project is to investigate and

Monday, October 28, 2019

Overseas Volunteer Essay Example for Free

Overseas Volunteer Essay The summer of 1996 was a time of great change for me as an individual. This was the summer that I was fortunate enough to get to spend six weeks as part of a traveling abroad program. These six weeks changed the way I viewed different places, people and cultures. I was lucky enough to experience many different things in many different places. I met many people from interesting cultural backgrounds and learned a lot from them. These six weeks prepared me for many new experiences in life. While traveling, I stayed with different families who were kind enough to take me in. Living with people who had different cultures and sometimes even different languages was a challenge for me since I had never even been out of the United States before this trip. I got to learn how to adapt to new situations by finding inventive ways to communicate with other humans. This was invaluable to me because it forced me to really pay attention to other people and learn about their cultural values through observation. This is a skill that has stayed with me. I have learned to slow down and really listen and observe in order to learn new things and gain new perspective. I was also able to visit many historic sites, landmarks and museums during my travels that I had only read about in books. I was able to apply a picture in a book to the real setting and this was an incredible experience. In these visits I was also able to learn a great deal about the culture in which I had immersed myself. This allowed me a deeper understanding of the people around me. These visits also told me about the rich histories of different groups of people and how they shaped the culture as it is today. In addition, I was able to try new and different foods which only added to my cultural experiences. At the same time, as I was experiencing new cultures I was also able to reflect on my own culture and the importance that it holds in my life. My travels have helped shaped the person I am today. I was forced to learn patience as I was immersed in cultures with different values and languages. I learned how to be creative in finding ways to communicate respectfully. I built my self confidence as I began to realize how capable I was of learning about different cultures in ways other than reading books. I got the opportunity to meet interesting people who helped me understand different ways of life and apply those to my own life. I learned how to be flexible in adapting to new ways of doing things, new ways of communicating and even new ways of eating. I experienced a great deal of personal growth in these travels that will prove invaluable to me in my future accomplishments. Changing lives is a great experience. This sentence sums up why I would like to be a Peace Corps Volunteer. I have a deep desire to change the world by changing the lives of people less fortunate than me. I have been fortunate enough to have access to a high quality education. I have always enjoyed learning and experiencing new things and I would like to pass that on to other people. My college education was only a starting point in my life long learning endeavors. I have a passion for knowledge that has allowed me to reach a point in my life where I wish to give 27 months serving as a volunteer and enriching the lives of people around the world. Habitat for Humanity has given me valuable life skills but more importantly gave me the opportunity to help people less fortunate than me. I have been able to build homes for people and at the same time learn about their individual lives. I have taken my passion for helping others and in the process began to realize how one person can make a great difference. I can be that one person that takes the initiative to make small changes that will eventually lead to big changes. I desire to take this realization and travel the world helping others through small changes. Four years in the workforce has also given me valuable experiences that will enable me to be an effective volunteer. Through working, I have gained leadership skills that will serve me well when working with a team of other volunteers. These leadership skills will help me work cooperatively to make positive changes in the world. I have also gained a clear understanding of globalization outside of the United States and I wish to build on that knowledge through my volunteer work and opportunities I wouldn’t be able to have if I continued working in the corporate world. Working as a volunteer will provide me with international experience and new insights about the world around me. I can learn new values and perspectives that will make me a more well rounded and empathetic person. I will gain new understandings of different people and cultures and be able to apply some of that to how I live my own life. At the same time, I will have a great responsibility to show others my values and teach them new and exciting things about my own culture. Twenty-seven months is a short time in my life but those months will mean big changes in my life that will last long after my time serving as a volunteer is over. My life would be greatly enriched by helping others through small changes. I look forward to the chance to start making small changes right away and watching those small changes turn into big changes that have positive impacts on people around the world.

Saturday, October 26, 2019

Literature and Time Periods :: Writing History Essays

Literature and Time Periods As history has a tendency to categorize events into eras by the time periods that surround them, so does literature with its works. Both categorizations are superficial, ignoring significant distinctions that separate material for the sake of convenience, or present perception. The prehistoric era, for example, is a superficial designation for all time before written historical records, even though there are distinctions within this period, which are markedly different in historical terms. â€Å"Medieval† is defined by Webster’s II New Riverside Dictionary as â€Å"the period of European History extending approximately from A.D. 476 to 1453.† Fortunately, for convenience, this span of time encompasses both the Old English period and the Middle English period as well. As exemplified by the Old English poem Beowulf and the Middle English poetry of Chaucer and the Canterbury Tales and their cohabitation under the heading of â€Å"Medieval Literature†, thi s categorization is not only superficial, but also inaccurate. One defining difference between the two periods of literature and their selected representatives is the language from which they are spawned. Old English was a Germanic dialect spoken by a people who were composed mainly of Angles and Saxons, intermixed with Jutes, Frisians, and Celts, with some Roman blood still in the veins of some inhabitants. Middle English is the result of the Norman Conquest, and was spoken by the now native English people, intermixed with the French. The assimilation of the French language of that already spoken on the Island made for great changes. The lexicon of Old English differed somewhat from Middle English, most of which is completely lost today. There are some words that still have reflexives present in both Modern and Middle English. Beowulf offered his help to the Danish â€Å"cyning†, Old English for â€Å"king†. Chaucer lays mention of a song in the Miller’s tale, â€Å"the Kinges Note† (108). The word is similar but certainly not the same. Beowulf eats â€Å"hlaf†, Old English for â€Å"bread†, while Nicholas, Alisoun, and John eat â€Å"breed†(520) in the Miller’s Tale. Until Grendel came, Hrothgar lived in â€Å"gï â€ lsan†, or luxury, before the appearance of Grendel, who â€Å"amyrrede†, or squandered, his men. The languages differ structurally as well. Old English was a highly inflectional, synthetic language. Grammar was founded on cases, leaving a rather liberal syntactical structure. Middle English, however, was a lesser inflectional, analytic language, which relied on grammar in the syntax itself.

Thursday, October 24, 2019

Budget Management Anylasis Essay

The first step in cost-variance analysis is developing a budget; this is an assumption of all cost in the hospital (Miller & Ryan, 1995). The second step is to collect information on accurate cost accounting (Miller & Ryan, 1995). It can be challenging for healthcare organizations to develop a budget or cost-variance analysis because of the complexity of the healthcare economy. Using the hospital of phoenix budgeted costs were compared to actual utilization. Several variances exist in all categories. Developing an accurate budget is one strategy to manage a budget within the forecast. Collected data and accounting resources can help management to formulate an accurate budget. Other strategies can come from surveying all parts of the hospital to get the opinions of staff in all areas on how to keep costs in budget or simply minimize cost. The involvement of all staff will create an urgency for budget compliance and involvement will make employees feel as though the task is more personal. Benchmarking progress through out the year is important. Changes and evaluations can be made to areas that are not with in the targeted budget. This will help by making changes before the variance becomes any higher and may decrease the overall variance. The budget report showed variance overage among; inpatient revenue, outpatient revenue, office supplies, purchased services, equipment maintenance & repair, depreciation expense, and operating margin before contractuals. The inpatient and out patient revenue had variances that were over the projected budget. However, as a result of the decrease in patient  services the operational expenses of salaries, benefits, medical supplies, and pharmaceuticals were reported under the projected budget amount. The decrease in patient services could have been for a number of reasons. Repairs and maintenance on equipment was under budgeted for. Lack of functioning equipment may have been one reason for the decrease in patient services. If needed equipment is not available a patient must be sent to a facility with the proper equipment and services. This takes away from the hospitals revenue as well as its statistics. To determine other reason why there was a decline in patient revenue would require more information. The overage of money spent on office supplies cannot be accounted for. There was a lower than expected patient load therefore the cost for office supplies should have been lower than expect as the medical supplies proved to be. There needs to be a unit based investigation to see where the additional expenses on office supplies are coming from. To improve the variance with in the predicted budget and the actual spending benchmarking should be used. There are three approaches to benchmarking; competitive, cooperative, and collaborative (Finkler, 2007). Competitive benchmarking would find specific information about individual areas. This would be a good way to track supply usage and also staffing on individual units or areas of the hospital. Cooperative benchmarking is a process in which information from other organizations is used to improve this hospitals budget (Finkler, 2007). This could help the hospital improve the overall budget analysis and plan ways to save within the facility. The third benchmarking approach is collaborative benchmarking which refers to finding information in particular areas of the hospital and using it to benefit all areas of the organization (Finkler, 2007). Information from the pharmaceuticals area could be used to improve other areas such as the variance with office supplies. Reference: Finkler, S. (2007). Financial Management for Nurse Managers and Executives (3rd ed.). Saunders Elsevier Inc. St. Louis, MO. Retrieved on February 29, 2013 from: University of Phoenix Materials. Miller, T. R., & Ryan, J. B. (1995). Analyzing cost variance in capitated contracts. Healthcare Financail Management, 49(2), 22-3. Retrived from http://search.proquest.com/docview/196372371?accountid=35812 Nelson, B. (1994). Improving cash flow through benchmarking. Healthcare Financial Management, 48(9), 74-8. Retrieved from http://search.proquest.com/docview/196364264?accountid=35812

Wednesday, October 23, 2019

Zodiac Sign

Thomas Hotte  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Ms. Boyd Personality profile  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Period 3 The article on Cancer fits me for the most part. It says my positive traits are â€Å"loyal, dependable, caring, adaptable, and responsive. † A cancer is a very complex person when it comes to independence. They’re very contradicting and they’re independence has to do with there state of mind. I’m like the description of a cancer because it says we have the perseverance and drive to do what we need to do and can be self sufficient. Although we don’t need someone to depend or we prefer to have someone there to help and support us like our family and close friends. What’s not as accurate is that it says we crave attention but I don’t like drawing attention to myself most of the time, I usually just like blending in. Like the horoscope says I am loyal to my friends and family who appreciate me and support me. I always do look out for my friends and I hate seeing my friends who are girls be sad so I always try to make them feel better like it says. Its also true that even though im good at listening to other people I never talk about my own feelings. Its also true because once I get past all of my emotional and personal problems I can do whatever I set my mind to I wouldn’t really say im psychic but I can be intuitive at times intelligent and observing. i have money and financial sensibility. I am complex, unpredictable, and tempermental. Im not really a fragile person, a lot of things don’t bother me. I can be

Tuesday, October 22, 2019

Arbitration The WritePass Journal

Arbitration Introduction Arbitration IntroductionPart 1: The Seat TheoryThe Influence of Jurisdictional TheoryPart 2: The Delocalisation TheoryPart 3: The Impact of seat and delocalisation theoriesConclusionBibliographyRelated Introduction The concept of party autonomy provides the fundamental basis for modern international commercial arbitration law. As a result, it is widely considered to be â€Å"the most important characteristic of legislation within the field of arbitration.†[1]   Party autonomy enshrines â€Å"the fundamental freedom of parties† to determine the law which will guide arbitral proceedings they are to undergo.[2] It has gained what Redfern Hunter identify as â€Å"extensive acceptance in national courts† worldwide[3]. This acceptance transcends the legal basis of national systems and has found expression in international conventions; for example, the Rome Convention which recognises the principle of party autonomy as a basic right of the parties[4]. Excessive judicial intervention is anathema to the autonomy of the parties and viewed by some commentators as being harmful to the arbitral process in undermining the principles so sacrosanct and unique to arbitration[5]. Alongsid e such intervention there are other limits to this freedom which the underlying theoretical framework influences to various degrees: â€Å"the choice of law must exist within the lex arbitri of the ‘seat’ of the tribunal and must not be contrary to public policy or natural justice considerations.†[6] This is because parties are unable to agree to a procedure â€Å"fundamentally offensive to the notions of justice of the seat of the arbitration.†[7] This thereby makes the choice of the seat a very profound step in an arbitration process. This ‘seat’ theory is very well established within international commercial arbitration and provides an established legal framework which some advocates have argued puts the very existence of international arbitration in doubt[8]. Yet should arbitration be so â€Å"anchored†[9] within the national legal system where the award was made? In direct contrast to the seat theory is the ‘delocalisationâ⠂¬â„¢ theory which provides that international commercial arbitration â€Å"should remain free from the constraints of national laws and therefore the lex arbitri†[10]. Jan Paulsson is perhaps the strongest advocate of the delocalisation theory and he argues that delocalisation has at its heart the principle of party autonomy free from the rigid constraints of the lex arbitri[11]. Both the â€Å"seat† and â€Å"delocalisation† theories have profound impacts upon the fundamental and enduring principle of party autonomy with the basic understanding being that while the seat theory constitutes a threat to the very essence of international commercial arbitration in facilitating excessive court intervention[12] the delocalisation theory conforms to and indeed strengthens the principle of party autonomy[13]. This essay will argue that both theories have, to a large extent, had a profound impact upon party autonomy in the manner referred to above. In part 1 the seat th eory will be critically evaluated while in part 2 the delocalisation theory will be discussed before looking at both theories’ undoubted and growing impact upon party autonomy within international commercial arbitration. Part 1: The Seat Theory An arbitral process must have a ‘seat’ to which the arbitral process is ultimately tied and which therefore determines the procedural law of the arbitration: the juridicial seat[14]. This forms the basis for the Rome Convention on the Law Applicable to Contractual Obligations.[15] This is to avoid causing uncertainty which may arise from a situation where a choice has not been made.   The term ‘seat’ is not synonymous with the term ‘choice of law’; rather the seat is only relevant as a determinant of the governing law of an arbitration process in place of an express mention of the choice of law governing an arbitration process[16]. The seat theory certainly represents the orthodoxy in International Commercial Arbitration[17] and the international community’s acceptance of it is unsurprising for Ahmed who observes that the theory, in essence, maintains state sovereignty[18]. It must be noted, however, that the law of the seat has varying levels of involvement with arbitration within different jurisdictions and the quest for harmonisation of the lex arbitri is for Redfern and Hunter, as illusory as the search for â€Å"universal peace†[19]. In England, for example, the procedure to be adopted by the â€Å"arbitral tribunal is governed by the law of the country in which arbitration is seated†[20] thereby making the choice of country important as the law of the seat sometimes contains provisions which might have profound consequences for the proceedings. Apart from this, the choice of seat has great consequence in the context of the acknowledgement and re-enforcement of any award by virtue of the fact that the seat of arbitration constitutes a ground for the challenge of an award[21]. The example of France provides a strong contrast to the UK with our European cousins taking what has been described as a â€Å"more delocalised approach to international commercial arbitration†[22]. The theoretical f oundations clearly have a profound influence on the attitude of national courts to arbitration in interventionist terms. Hong-Lin-Yu states that[23], â€Å"the involvement of national courts in arbitration in the world over can be characterised as either intrusive or just supportive.† Among the arguments justifying the basis for the level of involvement discussed by Hong-Lin-Yu and which is relevant to this coursework in explaining the fundamentals of the involvement of the law of the seat in arbitration is jurisdictional theory. The Influence of Jurisdictional Theory Ahmed observes that the seat theory â€Å"emanates from† the jurisdictional theory which â€Å"places importance upon the territory or state within which arbitration is to take place in regulating the arbitral process†[24].   The theory proposes that the arbitration process â€Å"should be regulated by the national laws of the seat, or lex arbitri, and that of the country where recognition and enforcement will be sought†[25]. Therefore, the entire procedure must be regulated via the law selected by the parties, as well as the law of the seat of the arbitration; this is because â€Å"the power possessed by the arbitrator is acquired via concession given by the state from its monopoly over the administration of justice within its jurisdiction.†[26] It is widely acknowledged that these awards possess the equal status as a national Court Judge’s judgement. According to Klein[27], â€Å"the state alone has the right to administer justice, so in giving as a concession to arbitration in the administration of justice it is exercising a public function†; thus, an award made is correspondent to the judge’s decision. As a result, arbitrators, such as national Judges, must apply the rules of law of a particular state in order to reconcile any disputes that have been submitted. Ahmed eloquently sums up the influence of jurisdictional theory upon seat theory by observing that those who support the theory believe that the national laws of a seat have both an â€Å"automatic and legitimate† right to supervise the arbitral proceedings, or in other words, he adds, â€Å"the lex arbitri will govern arbitral proceedings†[28] which are the foundations of seat theory. As noted above Mann is one of the strongest advocates of seat theory and he has argued that it is municipal laws which are the source of the parties’ rights[29]. As noted above Mann has also insisted that, in the legal sense at least, international commercial arbitration doesn’t even exist owing to the fact that each arbitral decision is anchored within the national laws of that country[30]. Part 2: The Delocalisation Theory The principle of delocalisation refers to the partial severance of international commercial arbitration from the national laws of the seat of the tribunal[31].   Logically this also means that the arbitration should remain largely free from the lex arbitri and is truly international in character. This theory has been expressed most forcefully by Jan Paulsson whose views were described as â€Å"dangerous heresy† by Professor Park back in 1983[32]. The author is at pains though to explain that his arguments do not necessarily mean that national laws will be disregarded: it is only in certain situations, he argues, that the award should be allowed to â€Å"float† or â€Å"drift† away from the previously accepted orthodoxy of the seat theory[33]. Proponents of delocalisation also argue â€Å"that instead of the dual system of control between the lex arbitri and then the courts at the place where the award was rendered, should be replaced by just one powerful contr olling element: the place of enforcement†[34]. As Redfern Hunter note this effectively opens up the entire world for international commercial arbitrations, rendering the process: â€Å"supra national†, â€Å"a-national†, â€Å"transnational†, â€Å"delocalised†, or even â€Å"expatriate†. More poetically, this kind of arbitration is considered a â€Å"floating arbitration†, producing a â€Å"floating award†[35]. A classic case study used by many proponents of the theory is the French system which nurtures the tie amongst arbitration and the law of the country of enforcement reaches the minimum throughout the exercising of the â€Å"international public policy† and terms as provided under the New York Convention of 1958.[36] This place arbitration as â€Å"subject to the laws of the seat not being contained in French law.†[37] Under the French system, issues of arbitrability are completely left to the tribunals[38] where issues of the conflict of laws arise for determination unlike in other countries where the court can ascertain any question of validity in which there are no explicit evidence to the contrary[39]. The French position is that of total autonomy as provided under art. 1496 of Code of Civil Procedure of 1981 which gives the arbitrator the freedom to apply the law he deems appropriate in the absence of any law chosen by the parties taking into account trade usage in the application. The psychology of this section is in line with the concept of delocalisation of arbitration which allows the arbitral tribunal to operate free from national laws and most especially the lex arbitri with the only restriction being international public policy. Under the French system, the international arbitration courts are provided with restricted power to intervene as per review unless â€Å"the arbitration has some connection with France†[40] and in issues involving the setting aside of awards there are very few grounds for the challenge of an arbitration award under the French Law and this trend of minimum interference is followed in the French’s limitation of the grounds â€Å"for refusing recognition or enforcement of arbitral awards†[41]. As given by the principle of delocalised arbitration, any enforcing body is able to chose to ignore the decision made by the Court of the seat because â€Å"international arbitration cannot be deemed a manifestation of the state;†[42] therefore, international arbitration is stateless and free from the lex arbitri and indeed â€Å"floating† as noted above.[43] Hilmarton Ltd. V. Omnium de Traitement et de Valorisation (1999) 14 Mealey’s International Arbitration Report (No. 6) A-1-A-5 (High Court of England and Wales) put this position into action where the French Cour de Cassation held â€Å"that the award rendered in Switzerland is an international award which is not integrated in the legal system of that state, so that it remains in existence even if set aside and its recognition in France is not contrary to international public policy†[44]. Part 3: The Impact of seat and delocalisation theories From the above analysis of the seat and delocalisation theories, there is a clear and profound clash with the principle of party autonomy and the influence of the seat in arbitral proceedings. The basic position is that the seat theory is an obstacle to the principle of party autonomy in international commercial arbitration[45]. This is one of the chief criticisms of the orthodox seat theory and, as Ahmed rightly warns, the principle of party autonomy is in danger of becoming an anachronism if judicial intervention in international commercial arbitration goes past mere support[46]. On the other hand the delocalisation theory is perceived to have party autonomy at its heart as it arguably empowers true freedom of the parties to resolve disputes without any interference from national courts[47]. Others would go further with Pierre Lalive arguing powerfully that the parties’ private dispute should in no way be resolved with reference to national laws. As noted above the seat theo ry still has many powerful supporters and it is undoubtedly the favoured approach of many countries as it is in essence a protection of state sovereignty and allows countries to retain a degree of control of such processes[48]. Clearly the aim of the business communities’ desire in arbitration is to provide a malleable and informal process of settling disputes using the courts that tends to present the contractual outlook using their interpretation of the relationship between the parties as a contract[49]. However there is the existence of a situation where it has been claimed that arbitration concerns the differences amongst parties and existing contracts between them and the arbitrators is unsustainable. This is as a result of all of the problems surrounding the validity of the arbitral agreement and arbitrability that are chosen via the lex fori[50]. A state alone possesses the influence to pass decisions on arbitrability and that does not favour public interest or depends on every state’s economic and social policies[51]. However, while it should be conceded that that view for reducing the influence of the national law and the strength of contracts is a commendable one, this approach is not practical. The reasons for this are, firstly, as a result of the condition of the judicial review in which the court of the place of arbitration and the place of enforcement may act out supervisory powers in order to ascertain how valid the arbitrary awards. The national courts exercise this jurisdiction[52]. Secondly it is also important to note that the situation in reality, as Redfern Hunter have noted, is that despite the fact the delocalisation theory has powerful allies, â€Å"the reality is that the delocalisation of arbitrations†¦is only possible if the local law (lex arbitri) permits it†[53]. The distinguished authors cite the example of Belgium which tried to opt for delocalisation but has since changed its law owing to the simple fact that Belgium immediately became an unattractive place to settle arbitral disputes[54]. Conclusion In conclusion both the seat and delocalisation theories have exercised a strong influence over the principle of party autonomy but to different degrees. The seat theory, which undoubtedly represents the orthodox position and the preferred mode for countries seeking to preserve their sovereignty, presents a strong challenge to the principle of party autonomy. Given the prevalence of seat theory in the world this attack must be taken seriously and Ahmed is correct when he warns that the principle is in danger of becoming a â€Å"myth† should such judicial interference go beyond support to interference[55]. The example of the English courts is enough to demonstrate the dangers of excessive interference which goes beyond the â€Å"safety net† it is intended to be. On the other hand the delocalisation theory has, in the submission of this essay, had a lesser although not negligible effect upon the principle of party autonomy. Despite its noted advocates, such as Jan Paulsson , it is still very much an evolving theory[56]. Further, as Redfern Hunter have noted accurately, it is only when the lex arbitri allows it that delocalised arbitration can occur and the example of Belgium is indeed a warning that any states which embrace it do so at their own peril of parties seeking to enforce their disputes elsewhere. Of course the French courts have taken the delocalised approach to be their own while recent English decisions travel in the opposite direction[57]. The seat theory remains the orthodoxy and for now the process of harmonisation of international commercial arbitration has ground to a halt. Bibliography 1.0  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Books Goode, Roy (2010) Goode on Commercial Law (4th ed) Penguin Books: London at p.1308 Andrew Tweedale and Keren Tweedale (2010): â€Å"Arbitration of Commercial Disputes: International and English Law and Practice† (Oxford University Press) Compagnie d’Armement Maritime. David St. John Sutton, John Kendall, Judith Grill(1997): Russell on Arbitration (London Sweet and Maxwell) Adam Samuel(1989): â€Å"Jurisdictional Problems in International Commercial Arbitration: A Study of Belgian, Dutch, English, Swedish, Swiss, U.S., and West German Law†. Published by Schulthess Polygraphisch verlag Redfern and Hunter(1991): â€Å"International Commercial Arbitration† .(Sweet and Maxwell) 2nd Statutes Rome Convention on the Law Applicable to Contractual Obligations [1980] Official Journal of the European Union, No L266/1 Arbitration Act 1996 French Code of Civil Procedure 1981, Book IV 4 Arbitration[1] 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards    Journals Ahmed, Masood (2011) ‘The Influence of the Delocalisation and Seat Theories Upon Judicial Attitudes Towards International Commercial Arbitration’ Arbitration Volume 77 Issue 4 pp406-422 at p.406 Lalive, â€Å"Les rà ¨gles de conflit de lois appliquà ©es au fond du litige par larbitre international sià ¨geant en Suisse† (1976) 145 Recueil Des Cours 2. Lie, Ji (2011) ‘The Application of the Delocalisation Theory In Current International Commercial Arbitration’ I.C.C.L.R Volume 22 Issue 12 pp383-391 at p.384 Mann, â€Å"Lex arbitri and locus arbitri† (1988) 104 L.Q.R. 348. Paulsson, â€Å"Arbitration Unbound: Award Detached From the Law of Its Country of Origin† (1981) 30 I.C.L.Q. 358. Paulsson, Jan (1983) ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’ I.C.L.Q vol.32 pp53-61 Hong-Lin-Yu (2004): â€Å"Explore the Void-An Evaluation of Arbitration Theories†: Part 1. Int. A.L.R. 2004, 7(6), 180-190 Julian Lew(1978): Applicable Law Mann (1983): â€Å"Lex Facit Arbitrum†. Arbitration International 245, 2(3) â€Å"Trends in the Field of International Arbitration†(1975)II Recueil Des Cours 233-234 Lord Mustill(1989): Arbitration: â€Å"History and Background†. 6 Journal of Int. Arb. [emailprotected] Kerr (1985): â€Å"Arbitration and the Courts: The UNCITRAL Model Law†, 84 ICLQ 1, 15 Lando(1985): â€Å"The Lex Mercatoria in International Commercial Arbitration†. 34 ICLQ 747    Cases Bay Hotel Resort Ltd. V. Cavalier Construction Ltd. [2001] UKPC 34, PC (TCI) Jakob Boss Sohne KG V. Federal Republic of Germany Application No. 18479/912.05, 8.11 Hebei Import Export Corp. V Polytek Engineering Company Ltd.(1999) 14 Mealey’s International Arbitration Report (No. 2) G-1-G-15; XXIVa YBK Comm Arbn 657-77 Mitsubishi Motors Corporation V. Soler Chrysler Plymouth Inc. 473 US 614, 105 S.Ct. ABS American Bureau of Shipping V. Shipping Co-Ownership Jules Verne(2003) Rev Arb Somm Juris 234 Green Tree Financial Corp. V. Lynn Bazzle (2000) 531 US 79, 90, 121 S Ct 513, 522 Chromalloy Aerosemica V. Arab Republic of Egypt(1993)xxii ybk Comm Arb 691 Cereals SA V. Tradex Export SA[1986]2 Lloyds Rep 301; K/S Norjal A/S V. Hyundai Heary Industries Co. Ltd [1991] 1 Lloyds Rep. 524 (CA)

Monday, October 21, 2019

The Impact of the Eighteenth Century Books essays

The Impact of the Eighteenth Century Books essays Since the nineteenth century, the world had been changing really fast. As we have made dramatic progress in the science technology, the quality of life has been changed rapidly. However, those improvements of our lives have made us lazy to do anything because today our lives are flooded with the articles or goods. It is said since then that now we live in the hedonistic and materialistic culture. Living in those cultures, people do not need to care or worry about anything, and I think people dismiss from their minds to live together in peace because people tend to place a special emphasis more on the articles than on other people. As we start living in the hedonistic and materialistic culture, we have lost the value of the moral sense. Even now, it is worth to read and study a eighteenth century book, like Autobiography of Benjamin Franklin, because it reminds us of the moral standards dismissed from todays our lives. I think many people who make a success of life today are influences by the eighteenth century books. Recently I have read the books about empirical and successful philosophy, such as Andrew Carnegie and Napoleon Hill. What they said in a book is really similar to what the eighteenth century books said. Both book claim that the moral standard is necessary to make a success of life or to obtain happiness in the course of life. Although many people want to make a success of life or obtain happiness, they tend not to practice the moral standards of old fashioned values. In the hedonistic and materialistic culture, our societies have been brimming over with insincere attitude, falsehood, hatred, envy, and jealousy. This is a reason why the moral sense of old fashioned values has been lost in our societies. However, anybody can change oneself or ones mind; I think the eighteen century books were written about the moral sense because of the Enlightenment. Especially, the Autobiography of Benjamin Franklin has inf...