7 Pages


Course: BUSINESS MGT340, Spring 2013

School: Argosy University

Word Count: 1312


Document Preview

1 Running Head: ARBITRATION Arbitration Kenneth Christian Argosy University Arbitration Arbitration has, for some time, been the standard form of dispute resolution for international disputes. The increasing acceptance of arbitration is reflected in a number of traits typical of mature markets; namely, efforts to improve existing products rather than create new ones and a corresponding increase in competition...

Unformatted Document Excerpt
Coursehero >> Arizona >> Argosy University >> BUSINESS MGT340

Course Hero has millions of student submitted documents similar to the one
below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.

Course Hero has millions of student submitted documents similar to the one below including study guides, practice problems, reference materials, practice exams, textbook help and tutor support.

Running 1 Head: ARBITRATION Arbitration Kenneth Christian Argosy University Arbitration Arbitration has, for some time, been the standard form of dispute resolution for international disputes. The increasing acceptance of arbitration is reflected in a number of traits typical of mature markets; namely, efforts to improve existing products rather than create new ones and a corresponding increase in competition between players in the market. The Supreme Court of Arbitration of the Russian Federation is the court of final instance in commercial disputes in Russia. Additionally, it supervises the work of lower courts of arbitration and gives interpretation of laws and elucidations concerning their implementations, which are compulsory for lower courts. The Russian Federation is a civil law jurisdiction with a written constitution that lays down the fundamentals of Russian state governance and its regulatory framework. However, the Russian Federation (as successor to the USSR) is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. In addition, Law No. 5338-1 dated 7 July 1993 "On International Commercial Arbitration" provides for the possibility of enforcement of foreign arbitral awards in the Russian Federation. Consequently, an arbitral award obtained for instance in New York, Paris or London should be recognized and enforced by a Russian court. The enforcement is subject to the qualifications provided for in the Convention and the Arbitration Law as well as compliance with procedures established by Russian legislation. We note, however, that in practice reliance upon international treaties may meet with resistance or a lack of understanding on the part of a Russian court or other officials. The Federal Arbitration Act (FAA) "embodies a national policy favoring arbitration and places arbitration agreements on equal footing with all other contracts." As interpreted by the Arbitration Supreme Court, the FAA creates a uniform "'body of federal substantive law'" regulating the enforceability of agreements to arbitrate that applies to all contracts involving interstate commerce in both state and federal court. Given the broad interpretation of interstate commerce adopted by the Supreme Court, the FAA will apply to most every contract. However, the FAA does not necessarily dictate the procedural rules governing how arbitration itself is conducted. Rather, the parties to a contract are free to elect whether the FAA, state law, or other rules such as those promulgated by an independent ADR provider will govern their arbitration. Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a mandatory decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court. Its principal characteristics are Arbitration is consensual Arbitration can only take place if both parties have agreed to it. In the case of future disputes arising under a contract, the parties insert an arbitration clause in the significant contract. An existing dispute can be referred to arbitration by means of a submission agreement between the parties. In contrast to mediation, a party cannot separately withdraw from arbitration. The parties choose the arbitrator(s) Under the WIPO Arbitration Rules; the parties can select a sole arbitrator together. If they choose to have a three-member arbitral tribunal, each party appoints one of the arbitrators; those two persons then agree on the governing arbitrator. On the other hand, the Center can suggest potential arbitrators with relevant expertise or directly appoint members of the arbitral tribunal. The Center maintains a broad list of arbitrators ranging from seasoned dispute-resolution generalists to highly specialized practitioners and experts covering the entire legal and technical spectrum of intellectual property . Arbitration Arbitration is neutral In addition to their selection of neutrals of appropriate nationality; parties are able to choose such important elements as the applicable law, language and venue of the arbitration. This allows them to ensure that no party enjoys a home court advantage. Arbitration is a confidential procedure. The WIPO Rules specifically protect the confidentiality of the existence of the arbitration, any disclosures made during procedure, that and the award. Arbitration is most often used to settle contractual or commercial disputes. Rather than going to court or mediation, the parties can agree in the contract that Arbitration will be used to settle any disagreements. Many lawyers can, and will, differ strongly on Arbitrations merits. If the underlying agreement provides for Arbitration, one of the parties to the contract must file a request for Arbitration and pay the required fee to a group that provides Arbitration services. Often the Arbitration service will suggest an arbitrator or arbitrators to which the parties must agree. The arbitrator may be an attorney, judge, CPA, or businessperson. After the parties have defined their dispute, there will be a hearing, often in the arbitrator's office, at which the parties present evidence and witnesses in a fairly informal manner without the formal rules of evidence used in court litigation. After the evidence has been presented, the arbitrator reaches a decision and usually later sends the parties a written opinion more like an order. Arbitration is usually quicker, simpler, and cheaper than litigation, but to many there is one perceived disadvantage, no appeal. With a few narrow exceptions, like fraud, there is no way to appeal an arbitrator's decision. Like litigated judgments, and unlike mediated settlements, an Arbitration order can be enforced in court under laws that allow an Arbitration decision to be entered in the court system and then become a judgment. The prevailing party can collect on the Arbitration order using all Arbitration available legal collection methods, such as levies on property. The ability to collect an Arbitration monetary judgment through the legal system is one the main distinguishing factors between Arbitration and mediation. As stated in the contract signed by Monarch Associates and Vladir, legal and non-legal disputes will be handled in Russia. This is a disadvantage for Monarch Associates as Vladir could choose the Arbitrators from the panel maintained by the Russian Arbitration Institute . Vladir gets the home court advantage. To be fair to both the parties Monarch Associates and Vladir should have chosen a third party to settle disputes. Like for example; United Nations or The Word Bank. The United Nations Convention on the Recognition of Foreign Arbitral Awards reassures use of arbitration agreements and awards. The World Bank's International Center for the Settlement of Investment Disputes (ICSID), created in 1965 by treaty (the Washington Convention), offers to disputants' arbitration rules as well as experienced arbitrators, and the International Chamber of Commerce offers a permanent arbitration tribunal. Monarch Associates or for that matter any other business or company entering into partnership or business with any foreign entity should state in the Arbitration clause that a third arbitrator association or party to solve any legal or non-legal disputes. It would safer and fair to both the parities entering in to the contract to do so. If the panel is from a country of any one of the party member there is a chance of being favored by the panel of the same country. It is like playing a football game at home and the referees for the game are from your hometown. Monarch associates should keep on mind their mission and vision by applying proven international models for Business Excellence with respect to Safety, Environmental Arbitration Consciousness, and Quality Products and Services, the associates will lead and coach your business leadership with planning, implementing, monitoring, and improving your Workplace Safety, Environmental Stewardship, and Business Processes to levels of sustainable excellence to foreign companies. Reference List Khrenov, A. (n.d.). The european arbitration review. Retrieved from Arbitration Russian European Chamber of Commerce (n.d.). Principal Laws Governing Business Operating in Russia. Retrieved 19 November 2012 from Russian European Chamber of Commerce: Kubasek (). Legal Environment of Business [5] (VitalSource Bookshelf), Retrieved from Smerek , S. (n.d.). Preemption and the federal arbitration act. Retrieved from

Find millions of documents on Course Hero - Study Guides, Lecture Notes, Reference Materials, Practice Exams and more. Course Hero has millions of course specific materials providing students with the best way to expand their education.

Below is a small sample set of documents:

Pitt. State - MGMKT - 481-01
ed to do something a little bit more original. They were quickly able tosettle on a campaign idea that involved a worldwide interactive scavenger hunt named “Decode”.It involved placing each of the books 300 pages in the form of 200 placements
Iowa State - EE - 508
EE 508Lecture 4Filter Concepts/TerminologyBasic Properties of Electrical CircuitsReview from Last TimeFilter Concepts and TerminologyXIN(s)T ( s)XOUT(s)Reflecting poles and zeros to maintain stability or establish minimum phases-planes-planeIm
CSU Northridge - ACCOUNTING - 460
thebank statement even though it is dated and cleared in February, (2) add the checks listed in the Februarybank statement and find that the total is $5,838.29, not the $10,838.29 shown on the bank statement, andthe number of checks (25) does not
Townsend University - FIN - 331
TOWSON UNIVERSITYCOLLEGE OF BUSINESS AND ECONOMICS1st QuizFIN435Fall 2002Professor Moon W. RheeInstructions:1)You have to show all of your work. Jotting down only the final answer is not acceptable.2)Write down your name and SSN on the answer sh
University of Phoenix - BUSINESS M - PM592
HW SolutionChapter 1: Case (One day in the life)This case shows a glimpse of what it is like to be a project manager. It also underscoresthat being a project manager is more social than technical and that project managersspend the majority of their ti
Indian Hills CC - ECON - 101
AN ISO 9001 : 2008 CERTIFIED INTERNATIONAL B-SCHOOLSub:- CORPORATE FINANCE CASE STUDY : 1 Reliance company has a $ 1,000 face value convertible bond issue that is currently selling in the market for $ 950. Each bond is exchangeable at any time for 25 sha
Columbia - EAEE - 15199
Alternate Energy CourseCalibration Exercise1/ Page 4 of text H&K gives CO2 world emissions as 23 Gtons for 1997. But page 5 shows that carbonproduction for that year was only about 6 Gtons. This is an example of:a factual contradiction like the variou
Wisc Platteville - ITM - 5200
Part 1 Running Head: Part 1Part 1 University of WebsterPart 1 ITM 5200 Part 1 Create a WBS for a project of interest, such as building a house or planning a wedding. You do not have to select one of those two. In fact I encourage you to be creative. Des
Hodges University - MANAGENT - 101
Grenoble Ecole de Management - MANAGEMENT - 101
Spin Master Toys (A): Finding A Manufacturer for E-Chargers 1.) Executive Summary: Spin Master Toys core competencies are marketing and bringing creative toys to market. Alex Perez should choose Wah Shing and utilize their core competencies of manufacturi
Manchester IN - CHEMISTRY - 503
SCI530 Analytical Method ISample questionsSection I (Select the best answer for each question, 10 questions in total, 20Marks in total)1. What species move relatively fast in gel permeation chromatography? _(A) Big particles(B) Round particles(C) P
Northeastern - EECE - 7205
EECE 7205 Fundamentals of Computer EngineeringFrom Algorithms to Programs C+ Basics Stefano BasagniProblems, Algorithms and Programs! Define a computational problem (CP)!Relationship between an input and an output Prove correctness Determine time/spa
Northeastern - EECE - 7205
EECE 7205 Fundamentals of Computer EngineeringC+: Standard Template Library 101 Stefano Basagni1C+ Libraries! Concept of programming languagelibrary! C+ Standard library ! C+ Standard Template Library =powerful, template-based, reusable software co
Northeastern - EECE - 7205
EECE 7205 Fundamentals of Computer EngineeringDivide & Conquer: Merge Sort Stefano BasagniSORTING, 1! As a computational problem:!INPUT: a sequence of n numbers<a1, a2, ., an>!OUTPUT: A permutation (reordering)<a 1, a 2, ., a n> on the input sequ
Northeastern - EECE - 7205
EECE 7205 Fundamentals of Computer EngineeringSorting: Lower bounds and Sorting in Linear Time. Searching. Stefano BasagniBounds for Computational Problems (CPs)! An upper bound for a CP is given by thebest (e.g., fastest) algorithms known to correctl
Northeastern - EECE - 7205
EECE 7205 Fundamentals of Computer EngineeringDynamic Sets and Hash Tables Stefano BasagniSetsCollection of objects As important as in math Dynamic sets: Change over time Need: Basic techniques for representing and manipulating finite dynamic sets ! Be
Northeastern - EECE - 7205
EECE 7205Fundamentals of ComputerEngineeringSearch Trees and Other DataStructuresStefano BasagniBinary Trees (BT), 1! Can be defined recursively: A BT is astructure defined on a finite set ofnodes that eitherContains no nodes, or! Is partitione
Northeastern - EECE - 7205
EECE 7205Fundamentals of ComputerEngineeringDynamic Programming (DP)Stefano BasagniDynamic Programming (DP)! Algorithm design technique! Programming ! tabular method (notcode writing)! Similar to Divide & Conquer:"Solve a problem by combining s
American Public University - SCIN - 136
More and more people are coming into this over packed earth and not as many are leaving. This earth can sustain an approximately 10 billion people give or take some. With currently 7 billion people on earth, resources, food, and potable water is starting
University of the Philippines Diliman - PHY - 71
Physics 71 Course Syllabus1st Semester AY 2007-2008CoursePhysics 71 Elementary Physics ICredit Units4 unitsCourse DescriptionMechanics of particles, rigid bodies and fluidsPrerequisite, CorequisiteMath 17, Math 53ReferencesUniversity Physics, 1
Columbia Southern - ART - 1010
Gothic European Art1/15/20 13The term "Gothic" was used for the first time in the 16th century by the father of art history, Giorgio Vasari. Although Giorgio Vasari coined the term "Gothic", Origins of he did not Gothic do it with Style the most favora
Pontifical Catholic University of Rio de Janeiro - MUS - 14
Week 9 Reading Response: Japanese RapIn Ian Condry's article, "The Social Production of Difference: Imitation and Authenticity in Japanese Rap Music," he discusses the tensions that form from bringing hip hop across cultures and the contradictions of cla
Simon Fraser - BUS - 303
FACT PATTERN #1 Mark is a sales representative for a large life insurance company. He has been with the Company for about 18 months. Things have been going well, or so he thinks. One concern he has is about the product he sells most. This product is insur
Springfield - BIO - 102
ENDOSKELETON internal supporting system of hardened material highly characteristic of vertebrates consists of cartilage or bone or mixtures of these two2ENDOSKELETONAxial skeleton skull, vertebral column, ribs, sternum (+ branchial skeleton in Squalus
Universidad Del Pacifico - Ecuador - PSICOLOGIC - 305
Seccin1Quantum EntrainmentTRIPA secreto vida cuantica.indd 1718/02/11 08:41TRIPA secreto vida cuantica.indd 1818/02/11 08:41Captulo1Los milagrosLa expectacin es el escenario donde suceden los milagros.Edwin Louis CoLESujeto y objeto slo son un
Middle East Technical University - ECON - 101
University of Phoenix - HCA/230 - hca/230
Cultural ConsiderationsCultural Considerations By Jennifer Jefferson HCA/230 November 30, 2012 Jennifer BrummCultural Considerations Throughout the years researchers have studied and found that blacks, Hispanics, Native Americans and Asians receive less
University of Phoenix - ACC - 545
Running head: CPA Internal Memo1CPA Internal Memo Anne Adams University of Phoenix ACC/545 Financial Reporting September 24, 2012 Brooke CallRunning head: CPA Internal Memo2Abstract This memorandum is sent with high importance and is intended to serv
Richland Community College - ENG - 2311
AUDIENCE PROFILE Audience Identity and Needs Primary audience: Aldo Leopold, Manager Relationship: Employer Intended Use of Document: Determine Feasibility of Investing in Wind Power Prior knowledge about this topic: Very little Additional information nee
International Islamic University - BA - BA-1
Multinational enterprise
Georgia State - ENGLISH - 1101
Fast-Write Number oneHere I am, deciding if I should open the fridge or notThe next thing you know I didThere are so many to choose fromI dont know what to do.I jump in joy and pick one up.It smells so good.I unwrap it carefully and take it out.Th
University of Santo Tomas - ICS - IM203
IS410_QuizBank01True/FalseIndicate whether the sentence or statement is true or false._1. Analysts are responsible for confirming to management that the benefits of solvinga problem outweigh the costs._2. A project team typically works on a single
University of the Philippines Diliman - FILIPINO - 11
The Legend of Lake Danao(The origin of Kantayoktok, Cabalian, Magkasa and Tunlob)There lived in the land called Selani a datu named Toktok. He was known all over theland as a wise and a brave ruler. He built his house on top of the mountain so he can a
Cypress - ACCT - 102
Fall, 2010 Worksheet #41.Find test case inputs such that the corresponding test path visits edge (n1, n3) a<b a=b n0n0 a>b n0 2.n0Answer questions a-d for the graph defined by the following sets: N = cfw_1, 2, 3, 4 N0 = cfw_1 Nf = cfw_4 E = cfw_(1,
Free University of Bozen - Bolzano - IT - 56
#include<AT89S53.h>sbit RS = 0x94; / RS = P1_4sbit RW = 0x95; / RW = P1_5sbit E = 0x96; / E = P1_6void delay_ms( unsigned int ms )cfw_ unsigned int i,j; for (i=0;i<ms;i+) for (j=0;j<120;j+)cfw_;void LCD_PutChar(unsigned char k ) / gui ki tucfw_
UGA - COMM - 1100
Lexi PursleyCOMM 110015 November 2012Review of Abby Leonards Speech about High School GraduationDear Abby,Thank you for your speech on high school graduation and the dropout crisis. Yourconcern for the future of education was evident and contagious.
UGA - COMM - 1100
Forensic SpeechLexi PursleyI. IntroductionA. AGD If it werent for media coverage and you showed me this picture, andthis one, I would assume these were two different people. However, these twopictures are of the same person, Heidi Montag, taken befor
UGA - COMM - 1100
Policy SpeechLexi PursleyI. IntroductionA. AGD Imagine how youd feel if you won the lottery.B. Orienting Material Assuming taxes are necessary for a functioninggovernment, there has yet to be a tax system that doesnt polarize our nation, untilnow. T
UGA - COMM - 1100
Lexi PursleyTribute Speech ReviewOverall, our class exceeded expectations in the delivery of our Tribute Speeches. Ithink its safe to say most of the speakers improved tremendously in more areas than onefrom our first speeches back in August. One area
UGA - COMM - 1100
One of the areas for our Speeches of Introduction in which our class excelled inwas our attention grabbers. The very first speech, given by Christopher, started us on theright path. He began in a loud voice and asked our class a question with enthusiasm
UGA - COMM - 1100
Lexi Pursley1. Introductiona. Attention grabber: My moms always told me theres a time and a placeto piss people off. Unfortunately for her, I still haven't quite figured thatout.b. Thesis: My Womens Studies class changed both my major and my mind.c.
UGA - COMM - 1100
Tribute Speech Outline tribute to my beer card since Im only halfway done and I needto celebrate somethingI. IntroductionA. AGD How many of you have ever been to Pauleys in downtown Athens?B. Orienting Material If youve never been, Pauleys is a crepe
UGA - CMLT - 3250
Pursley1Alexa PursleyDr. WeiserCMLT 32505 September 2012Some say life is about suffering, but also about overcoming. The well-knownfairytales of today tend to focus on this message, yet in some of the more outdatedversions this message is not exac
UGA - CMLT - 3250
Pursley1Alexa PursleyDr. WeiserCMLT 32505 November 2012Ira Glass once said, Great stories happen to those who can tell them. ThoughGlass is merely a radio personality, by examining a select selection of childrensliterature, it is evident that his
UGA - CMLT - 3250
A Grimm Reading Put ourselves in the place of a child what do we take out of this story?o Beware of step momo Beauty is importanto Beware of envyo Be innocent and trusting What is its staying power?o Mother/daughtero Absent fathero Domestic situa
UGA - CMLT - 3250
Cinderellas1. Yeh-hsien weak, relies on2. Donkeyskin3. Bros Grimm Cinderella NO4. Catskin NO5. The Story of the Black Cow6. Lin Lans Cinderella7. The Princess in the Suit of Leather
UGA - CMLT - 3250
08/27: Hansel and Gretel (NCFT 179-211)08/29: Bluebeard (NCFT 138-178)08/31: Hans Christian Andersen (NCFT 212-245)8/27 NotesPrevious themesLRRHo Innocence (both psychological and physical), deceit, justice.Snow Whiteo Loyalty (to animals, to moth
UGA - CMLT - 3250
9.5Fairy v. FolktaleFolktales come from an oral tradition, develop along with ethnic groups of people long histories, often related to formationFolktales originally not for childrenSome FT have oral histories and first for adultsFolktales do not nec
De La Salle College of Saint Benilde - WORLITE - 101
DE LA SALLE-COLLEGE OF SAINT BENILDESchool of Multidisciplinary StudiesCOURSE SYLLABUS FOR WORLD LITERATUREStudents CopyCourse Code: WORLITECourse Title: WORLD LITERATURECourse Credits: 3 UnitsPre-requisite: NONEPre-requisite to: NONEType of Cour
UGA - CMLT - 3250
R. Kipling (1865-1936)Rudyard Kipling video on biography.comKipling and Childrens Lit Nostalgia Therapy Autobiography/metaphor What does it mean for Mowgli-the-frog to inhabit 2 worlds?Jungle Book Equated with Mowgli, but . . . Second Jungle Book
UGA - CMLT - 3250
"Tiger!Tiger!","RikkiTikkiTavi,"and"HerMajesty'sServants."Jungle Book, Day 2Institutions and Order The council Identity Red flower Honor What kinds of lessons are learned in Kaas Hunting? What kinds of relationshipsare established and what should
UGA - CMLT - 3250
Sheer Khan British/upper classBaloo Essence of an American in the 60sInnocence and Ideology How to read Donald Duck: Imperialist Ideology in the Disney Comic Disney Discourse: Producing the Magic Kingdom Disney, Pixar, and the Hidden Messages of Chil
UGA - CMLT - 3250
Group Project (3 per group)As a group, your task will be to write an example of updated childrens literature forthe 21st century. It is your choice whether you write a fable, a fairy tale, folk tale, or shortstory. There are two possible themes to expl
UGA - CMLT - 3250
Pan Day 3 Why have a ticking crocodile? Is this just a curious detail, or is it a form ofsymbolism? If so, what could it symbolize? Why would it pursue Hook but not Pan?Recreating Family Wendy as mother Pan as child/father Hook in both worlds Oedi
UGA - CMLT - 3250
Reading vs. Content quizzes?Fridays Quiz will cover: Jungle Book Peter Pan Pippi Longstocking Not just plot, but rather analysis Specific examples = important Will be more involved than Quiz 1, short/long answerSwedish Cultural Exports Girl with
UGA - CMLT - 3250
What is the matrix? Is Alice an appropriate analogy?Life is but a Dream Acrostic poemLewis Carroll Reverend Charles Dodgson (1832-1898) Enjoyed entertaining more than preaching Taught math/logic at Christchurch College, Oxford Barrie and the curse
UGA - CMLT - 3250
1) 3 similarities and diff from alice in wonderland and pan's neverlandDifferences:-Dorothy didn't change as much as Alice-Alice = curious, Wendy = mom, Dorothy = confused-Dorothy unwillingly goes (wendy and alice go)Similarities:-Parents refer to t
UGA - CMLT - 3250
Colors: all colors of moneyo Color of shoes in book = silvero Yellow brick road = yellowo Emerald City = greenIronic Representationso Scarecrow = stupid farmero Tin Woodman = alienized laborero Lion = neither; Bryan, leader of populist movement (p
UGA - CMLT - 3250
Its a HatThe Parables What characters does LP meet when he leaves his planet (ch. 10-16). What doeshe learn from each (create a one-line summary or axiom of the information that hecan take away from each encounter)o Chapter 14: Lamplighter only perso
UGA - ECON - 2106
!"#$%&'()%%Chapter 5 Formative Test_1. Goods with many close substitutes tend to havea. more elastic demands.b. less elastic demands.c. price elasticities of demand that are unit elastic.d. income elasticities of demand that are negative._2. If
UGA - ECON - 2106
Chapter 6 Formative Test_1. Price controls are usually enacteda. as a means of raising revenue for public purposes.b. when policymakers believe that the market price of a good or service is unfair to buyers orsellers.c. when policymakers detect ine