Provisional Measures Assignment Example | Topics and Well Written Essays - 250 words

Provisional Measures - Assignment Example Provisional measures in international arbitration can be dictated for the purpose of: a) Preserving the legitimate rights of the requesting party before the decision on the merits of the case (Interim Award ICC 8786). b) Ensuring the security of amount incurred in dispute in the arbitration process. c) To preserve or inspect any property that relates to rage dispute in the arbitration process. d) Provisional injection of a receiver. e) Any other provisional measure that the Court deem otherwise. Ordering a party to provide security (Charles Construction Co v Derderiamn). Question 24 In cases of urgency, the arbitral tribunal may, upon application of a party, order provisional measure, as it deem necessary. Such normally happens when preservation of evidence or assets is the primary goal. Ideally, arbitral tribunal has such provision to prevent other courts from supping the powers of arbitral teams. Lastly, tribunal always consults with parties before ordering interim measures but sometimes they may not if parties fail to agree. Question 25 a) In the Van Uden Case of 1998, European Court had to determine whether the provisional measure was necessary for Brussels Convention while arbitration was pending in Netherlands. b) Yes. The statement is relevant because it provides a platform that discourages courts from supping the powers of the arbitral tribunal, an occurrence that can significantly influence the outcome of the arbitration process. In other words, the courts can only issue provisional measures when the tribunal cannot do so.

Case Study in Systems and Operations Management - Otakowa Essay

Case Study in Systems and Operations Management - Otakowa - Essay Example III. Research and Analysis†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 1. Research proposal†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 2. Analysis of Existing Systems and Activities†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. a. Organizational Arrangement scrutiny†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ b. Data Systems Analysis†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. c. Activities analysis†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã ¢â‚¬ ¦. IV. Conclusion and Recommendations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. V. References†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. I. Executive Summary According to the customer report of Atokowa Advantage Co. Ltd., there is a reported and documented noteworthy drop in corporate productivity over the past consecutive half decade. Along with this is the noteworthy decrement in market share and control from a globally prevailing spot of 35% to insignificant 16% within similar time fame under monitoring. The main aim of this report is to test the systems technology and the operational procedures of Atokowa Company Limited so as to assess its productivity to the general corporate aim of productivity and development. Particularly, it suggests means by which the organization could adopt in order to advance the value of administration and executive management. Additionally, the provision of probability within these marketplaces for its stationary business, the study also gave a novel market position within these markets for sorted out stationary. The markets simply required the basic stationary (Meyler, Fuller, Joyner & Dominey, A. 2008, p. 11). Nevertheless they also demonstrated a wish for more sorted out and expansion within these commodities. It is usually upon a similar wish that Carik enterprises was founded to handle specifically with stationary aimed for the learning institutions. Atokowa Company Limited was established originally two decades ago as Carik enterprises, a subordinate of an Australian corporation known as Dungles Ltd. The organization was originally formed to tap into a developing section off the parent’s organization’s gain dealings. The management of Dungles Ltd. had a mission of developing their business markets within the region and likely into other external markets like the United States, Eastern Europe States similar to Germany and Russia and China were going through a population explosion (Burstein & Holsapple, 2008, p. 369). The organization worked under the identity of Carik enterprises for more than 6 years until it was taken over in 1988 by another American-oriented stationary firm known as Cereomacx enterprises. The organization worked under the new Cereomax title for a year until the second annual overall limited name an Atokowa Company Limited. This is mainly because of the organization’s wish to tap developing and extremely profitable Asian Market (Blanchard, 2007, p. 77). The mission of the organization appears to have hit a thump and as such the company wishes for a convincing fix that will reverse the inclination context back onto the track of productivity and development (Hill, 2011, p. 34). The report scrutinizes the roles of hu man resource in staffing, inventory control, technology adoption and utilization and in novel commodity and novelty. In this regard, the report analysis utilizes

Leadership Assignment Example | Topics and Well Written Essays - 250 words - 22

Leadership - Assignment Example Madiba as he was known has been called a global icon, freedom fighter and South Africa’s Favorite Son. He is a nonprofit leader as he stood for the rights of the black people during the apartheid period. This resulted in being a political prisoner for 27 years. Also, Mandela is the most honoured political prisoner in history. It is evident since prison bars could not prevent him from inspiring South Africans to struggle and sacrifice for the liberation. Mandela actions led South Africa to gain independence in 1994 and he became the first democratically elected president. Mandela actions of humanity led to him to win a Nobel Peace Prize in 1993 (Guiloineau, 2002). In conclusion, Mandela sacrificed the joys of family life to pursue a career of his choice to fight for the values of his people. Even after retiring from presidency in June 1999, Mandela continued to campaign globally for peace and the fight against HIV/AIDS. Mandela also formed an independent group of global leaders who would offer their collective influence and experience to support peace building and enhance shared interest of humanity. He died on 5 Dec 2013 after a lung

Power Of Images In Marketing Essay Example | Topics and Well Written Essays - 750 words

Power Of Images In Marketing - Essay Example It is also worth noting that a bad picture may also affect negatively a company’s product. Therefore, it is very important that a company chooses a good image – one that can attract the consumers towards the product in question. The image chosen should stands out and should be able to provide an emphasis of the company’s core values of what is being marketed. One such company that uses the image to market its products is the Nivea skin and beauty care products. This paper will discuss the power of pictures in marketing of Nivea products. The essay will also explore how certain pictures are associated with some feelings, which motivate the customer to buy the product. Finally, the essay will explore why certain pictures make some consumers buy a certain product even though they may not need the product. Breiting (n.d) argues that a picture plays an important role in marketing a company’s product in a number of ways. This includes documenting a companyâ€⠄¢s offers, in which the picture can be used to portray a company’s brand image. Therefore, the more it is attractive to the customers, the more customers will be willing to accept it. This is because it functions as an eye catcher, and persuades buyers in a positive mood. Nivea is a company that recognizes the power of image in promoting its skin and beauty products. The company understands that the picture they portray on the product gives its customers an impression regarding the product and the company’s values, which has contributed to the rising sales volume of the product. For instance, Nivea has made use of picture in advertising of Nivea Visage Young from the time of its launch in 2005. The images used in the advertisements are shown below: Figures 1: Images used by Nivea This picture used by Nivea to promote its Nivea Visage Young has a lot of impression just by looking at it. By portraying a beautiful woman with a child having soft, smooth and attractive faces the company informs the customers that this good is a beauty and skin care product. The impression that the customer may have of this product is that it smoothes and softens the skin besides offering protection. The other impression that a customer may deduce of the image is that the product is suitable for both women and girls. The mood as portrayed by the picture also communicates a lot about the product. It has the impact of informing a customer that by applying Nivea Visage Young, one feels good, attractive and jovial. The flowers on the background are also a show of beauty, which many consumers may want to associate with. Nivea recognizes image as one of the driving forces behind the increased sales turnover of the product since it was launch (Dinsdag 8 Maart, 2011).However, it is worth noting that the picture may also invoke the feeling that Nivea Visage Young is only meant for the ladies and not men. This is because, the marketers of the product have only chosen to por tray the image of a woman and a young girl. This implies that the image may be detrimental in case men are also expected to use the product. This implies how important it is to choose the right image to use in promoting a given product (Dinsdag 8 Maart, 2011). Certain pictures make consumers buy a certain product even though in the actual sense they do not need the product. This scenario is common in the world of sports and celebrities in which an individual may buy a t-shirt associated with

Law Case Study Analysis Essay Example | Topics and Well Written Essays - 1250 words

Law Case Study Analysis - Essay Example The term "expression" can be defined as the different forms such as newspaper, email, letter, fax, and conduct; till the communication is based on the mode of communication for which the offeror is ready to contract. The term "intention" is defined objectively by different judges of the courts. In the case of Smith v. Hughes (1871) LR 6 QB 597 lays an emphasis on the fact that the important thing in any offer is not the real intentions of the parties involved but instead important thing is the reasonable view of the person regarding the situation. Revocation of offer An offer can be revoked by the offeror prior to the acceptance of the offer; but this must be communicated to the offeree. But it is not necessary that the offeror needs to communicate the revocation. In case the offer was made by the offeror to the whole world, the offeror need to revoke the offer in a similar form. This was evident in the legal precedent of Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256 Court of Appe al. But, in case the offer has been turned into an option, then the offer cannot be revoked by the offeror. In case the offer is in the form of an unilateral offer, the contract can be revoked by the offeror any time. ... But even in this case, the acceptance must be communicated. The offer can be withdrawn, prior to the acceptance of the offer. v The offer can be solely accepted by the offeree only, i.e.the party which receives the offer offer was made. v In case the offer is accepted by someone else in the family or business on the behalf of the offeree without his/her authorization, then the offer cannot be considered as binding v Silence on an offer cannot be considered as an acceptance of the offer. This is evident in the legal precedent of Felthouse v. Bindley (1862) 142 ER 1037. Counter-offer and correspondence The "mirror image rule" within the law of offer and acceptance, the offer needs to be accepted by the offeror or offeree without any modifications. If there are any changes which are done in any way to the offer, then the counter-offer with changes kills the original offer and the latter cannot be accepted by any of the parties in future. This is evident in the legal precedent of Hyde v. Wrench (1840) 3 Beav 334. The Case Presented Tom chooses to put up for sale his car by parking it outside his residence with a note on the windscreen mentioning: "For auction, exceptionally excellent state, single owner complete service history, complete MOT, ?5,000 or nearby offer. Please get in touch number 37 or telephone 9911929 only." On Tuesday morning around 9.00am, Dick sees the car, but as he is behind schedule for work he is incapable to stop and call Tom at 10.00am and makes an propose of ?4,750 which Tom says he will think about. Harry was crossing through Tom's house on Tuesday morning around 11.00am, saw the car and called at the residence but Tom was not

Things That Drive Me Crazy Essay Example for Free

Things That Drive Me Crazy Essay Going to the gym to work out after a full day of classes is my chance to unplug and escape from the day’s tension. Once I warm up and begin to get pumped, I head right into my exercise zone and don’t want to be distracted. However nothing irks me more than someone using a cellphone while working out. There are signs everywhere asking patrons to avoid using electronic devices but some people completely ignore them. Listening to a girl carry on a loud lengthy conversation about her boyfriend infuriates me. Not only does conversations about people’s personal lives irate me it can’t be safe. I mean do these people come to the gym to work out or talk on their phones? People have this ridiculous sense of self-importance, where all the other people trying to exercise in peace for an hour dont matter. Even more exasperating is the guy sitting on a weight bench talking about all the money he is making while others are waiting to use the equipment. I have tried giving people like this a nasty glare in the hopes they would take the hint. Nonetheless they continue with their conversations ignoring me. I was recently in a cycling class and a girl actually got off of her bike to answer her phone during the class. Are you kidding me? I don’t get it. You make time to get to the gym, set up for the class, get into the zone and get off your bike to answer a phone. Forty-five minutes to take a class and you can’t resist the temptation to answer your phone? Shut if off already. There really is no way to deal with situation except wear earphones, which I started doing. Some people complain to management and signs have been posted yet the situation continues a friend of mine told me the same situation exists at his gym and nothing is done about it.

Personal effectiveness and reflection on the past

Personal effectiveness and reflection on the past To maintain anonymity and protect confidentiality, all identifiable information pertaining to people or places has been made anonymous throughout the reflective portion of this assignment. (done) Introduction Reflection is recap of previous experience and reflective practice is to look back on an consequence and make it more meaning full and to identify what to do in the future to practice better (Burnard 2002). It is further supported that all definitions of reflection emphasise that there is no learning without reflection and further add to this, not all emphasis is centre on peoples emotions and feelings (Sugerman et al 2000). (done) It also pointed out that reflective practice can add knowledge in individuals practice and improve the knowledge and competent (Bulman et al 2004). John ( 2000) believes that reflection can be describe differently, or example, reflecting in action can be defined as a involvement in an event and what happened during event. On action is when rewinding the memory to turn the information into knowledge. Davis (2003) stressed that under taking educational programs may help to practice effectively. And also, he warns that some people without being aware, recurring the positive experience and avoids the negative experience and this can be due to de-motivation and the barriers of reflective practice. Jasper (2003) further suggests that additional education is needed to improve individuals thought and ability to overcome stressful situations. (done) Model of Reflection For one to benefit from effective reflection, one should follow a model to be sensible and easy to understand (Brooker et al 2003). Bulman et al (2004) quotes Johns (2000) cautioning that models are designed to assist in reflecting but, not set to prescribe what reflection is . There are many models to reflect on and, Platzer et al (1997, cited in peate 2006) that no model is better than others. Chosen Model After gathering information and evidence from different sources, the author has chosen Gibbs( see appendix 1) reflection model as it seems straight forward and easy to follow. Bulman et al (2004) confirmed that Gibbs reflection model is well favoured by practitioners and according Jasper (2004), Gibbs model follows six stages and at each stage, questions are asked. The stages are easy for practitioners to follow and can be analysed critically. (cronin et al 2004) believes that the stages are in certain order and following one another creating a cycle. Kolbs reflective cycle considers events in a cyclical way as in Gibbs model. Jarvis (1987) cited in Moon (2004) criticised the model for its simplicity and missing other factors like transfer of learning. I find it too ordered, too regular, too predictable. It seems to imply that we must move through the cycle and move on to the next stage, rather than letting experiences enter into our souls to rest there, (Newman 1999, cited in Moon 2004, p 115). Description I had just gained my qualification as dental implant nurse and dental implant co-ordinator, when this patient was referred to me by dentist to instruct and inform her about financial agreement and appointment times. Because I was newly qualified dental implant nurse, my experience was quite minimal. The patient was a middle age female, living with her husband and children, Asian background, housewife and spoke very little English. The dentist offered her an implant placement treatment plan. Patients lower right first molar was missing and she wanted to replace the missing tooth with dental implant. It was a one to one session in a quiet room and during this session I realised that the patient is not interested in knowing about financial agreement as she was on, income support, benefit and she was confident about having dental implant free of charge. During the conversation, I realised that patients English understanding level was minimal and she was not fully aware about her dental treatment. Therefore, I tried to avoid using dental jargon and illustrated the instruction and information, which I have been asked to provide for patient, in a simple term. I used simple term, spoke slowly, used pictures and models and confirmed patients understanding. With the little communication we had, I managed to find out that the patient was not able to pay for her dental implant treatment as she was unemployed. I asked the patient to bring along one of the member of her family, who speaks and understands English well, on her next appointment to visit the dentist. (done) Feelings When patient walked to room I started to panic as I never been involved in such a situation. I also stereotyped her as ignorant and not interested to listen to my instruction, because she was looking quite and confused. However, I tried not to panic and be patient. I didnt want to disappoint and embarrass the patient by asking her some question that she may not be able to answer. (done) Evaluation I have learnt how to handle different patient with different backgrounds. I believe the good thing about this experience was that I managed to overcome most of communication barriers that exist. I wasnt able to completely extinguish dental jargons and deal with unexpected situation, but my biggest worry was that through my communication. I might have conveyed poor message. As a result, the patient might have not understood why she should have paid for her dental implant trea tment. I judged the patients approach as social exclusion, lack of knowledge and understanding language had made her look confused. However, I miss-judged her as someone ignorant. (done) Analysis When the patient was referred to me, by the dentist, the paper work should state that the patient is having difficulty communicating in English. Miscommunication between dentist, receptionist and nurses could cause difficulty for the patient to trust them and return back to the surgery for treatment, because the patient may lose trust or feel ignored. During the conversation, it was difficult to assume if patient apprehended why she had to see me. The patient was smiling, looking confused and saying yes almost for everything I was saying. And this made me concerned whether the patient understood why she had to see me. My prejudgment toward the patient could have negative impact on the patient due to being unemployed and not being able to pay for dental treatment could have cause an embarrassing or even disappointment situation for the patient. Because the patient couldnt communicate English adequately, I felt that I might have overloaded her with too much information and have created communication barrier. Conclusion John (2009) state that reflecting on critical incidence aids to construct picture of what happened and how to practice better in the future. But he also warns that the practitioners should avoid altering their practice to suit a particular framework. The author agrees with this statement and further ads to this that practitioners can adopt reflection as a habit in order to practice efficiently in the future. The author also adds that previous practice can be overlooked or taken into grand to improve and work effectively at present and in the future.