3. The multiple lives of arbitration

2021 ◽  
pp. 40-54
Author(s):  
Thomas Schultz ◽  
Thomas Grant
Keyword(s):  
Dispute Settlement ◽  
The Other ◽  
Private Party ◽  
A Company ◽  
Multiple Lives

This chapter describes some of the main types of cases in which parties use arbitration. First, there are disputes that pit two countries one against the other, which can be referred to as ‘interstate’ or ‘international’ or sometimes ‘inter-governmental’ disputes. Then there are disputes between private parties: individuals in dispute with one another; individuals in dispute with companies; or companies in dispute with other companies. Legal scholars call these ‘private’ disputes. And, third, there are disputes between a private party, such as an individual or a company, and a government. In the field of dispute settlement, these types of disputes are known as ‘mixed’ disputes.

scholarly journals A procedure for the introduction of leanness into a company

2021 ◽  
Author(s):  
Davorin Cimermančič ◽  
Janez Kušar ◽  
Tomaž Berlec
Keyword(s):  
Negative Impact ◽  
General Procedure ◽  
Portfolio Analysis ◽  
The Other ◽  
Business Operations ◽  
Step Procedure ◽  
The One ◽  
A Company

AbstractChanging a traditional company into a lean one is a very complex and time-consuming process that needs to be addressed in an appropriate way, otherwise the project of introduction of leanness into a company may fail on the one hand and even have a negative impact on business operations of the company on the other. When introducing a change, a step-by-step procedure leading to a progress may be of great help. The paper outlines a general procedure of leanness, an important part of which is a lean agent. A portfolio analysis is also used as a measure of leanness or as an indicator of the desired direction. The applied working methods were mainly active workshops and interviews with employees. The procedure has been tested on an example of a Slovene company; first, the existing situation is outlined, then the leanness steps taken according to the procedure and the final result after the first transition of the procedure.

scholarly journals Development and Evaluation of the Traction Characteristics of a Crawler EOD Robot

2021 ◽  
Vol 11 (9) ◽  
pp. 3757
Author(s):  
Lucian Ștefăniță Grigore ◽  
Ionica Oncioiu ◽  
Iustin Priescu ◽  
Daniela Joița
Keyword(s):  
The Other ◽  
Kinematics And Dynamics ◽  
The Novel ◽  
Propulsion Systems ◽  
Load Bearing ◽  
Emergency Situations ◽  
Modular Model ◽  
Explosive Ordnance Disposal ◽  
Multiple Missions ◽  
A Company

Today, terrestrial robots are used in a multitude of fields and for performing multiple missions. This paper introduces the novel development of a family of crawling terrestrial robots capable of changing very quickly depending on the missions they have to perform. The principle of novelty is the use of a load-bearing platform consisting of two independent propulsion systems. The operational platform, which handles the actual mission, is attached (plug and play) between the two crawler propulsion systems. The source of inspiration is the fact that there are a multitude of intervention robots in emergency situations, each independent of the other. In addition to these costs, there are also problems with the specialization of a very large number of staff. The present study focused on the realization of a simplified, modular model of the kinematics and dynamics of the crawler robot, so that it can be easily integrated, by adding or removing the calculation modules, into the software used. The designed model was integrated on a company controller, which allowed us to compare the results obtained by simulation with those obtained experimentally. We appreciate that the analyzed Explosive Ordnance Disposal (EOD) robot solution represents a premise for the development of a family of EOD robots that use the same carrier platform and to which a multitude of operational platforms should be attached, depending on the missions to be performed.

scholarly journals The Relative Success of WTO Dispute Settlement and What Planet Would the EU Investment Court System Be On? A Rejoinder to AJIL Unbound Comments

AJIL Unbound ◽  
2015 ◽  
Vol 109 ◽  
pp. 316-318
Author(s):  
Joost Pauwelyn
Keyword(s):  
World Trade ◽  
Public Perception ◽  
Dispute Settlement ◽  
Decision Makers ◽  
The Other ◽  
Court System ◽  
Wto Dispute Settlement ◽  
The Many ◽  
Better Than ◽  
The Eu

I am extremely grateful, and humbled, by the wealth of comments received on my AJIL article through this AJIL Unbound Symposium. One of the many points I take away from these reactions is, indeed, that my analysis offers a snapshot and that many of the critiques now leveled against Investor-State Dispute Settlement (ISDS) are, in Catherine Rogers’s words, “effectively recycled versions of criticisms that were originally leveled against the WTO and its decision-makers.” (Freya Baetens makes a similar point.)In this rejoinder, I would only like to make two points. Firstly, many commentators seem to think that in this article I took the normative position that World Trade Organization (WTO) dispute settlement is “better” than ISDS. Although I did point to the current discrepancy in public perception of the respective regimes, I purposefully avoided expressing any personal, normative position on one being “better” than the other (but apparently not explicitly enough).

scholarly journals Developing Soft Skills among Potential Employees: A Theoretical Review on Best International Practices

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Oleksandr Malykhin ◽  
Nataliia Oleksandrivna Aristova ◽  
Liudmyla Kalinina ◽  
Tetyana Opaliuk
Keyword(s):  
Professional Development ◽  
Theoretical Analysis ◽  
Soft Skills ◽  
The Other ◽  
Skills Development ◽  
Common Language ◽  
The Common ◽  
The One ◽  
A Company ◽  
Selection Of

The present paper addresses the issue of determining the best international practices for developing soft skills among students of different specialties through carrying out a theoretical review. Basing on literature on present-day theory the authors make an attempt to explain soft skills dichotomies, summarize existing approaches to classifying soft skills, consolidate and document best international practices for soft skills development among potential employees of different specialties including bachelor students, master students, doctoral and postdoctoral students. The data obtained in the theoretical analysis reveal that the possible ambiguities in the interpretation of the concept of “soft skills” are caused, on the one hand, by the dichotomic perception of their nature by present-day researchers and educators and, on the other hand, by the absence of the common language which makes it difficult to provide a more unified definition most satisfactory to all concerned. The authors are convinced that soft skills have a cross-cutting nature and regard them as personal and interpersonal meta-qualities and meta-abilities that are vital to any potential employee who is going to make positive contributions not only to his/her professional development but to the development of a company he/she is going to work for. The results of the conducted theoretical review clearly indicate that the absence of the unified understanding of the concept of “soft skills” is reflected in the existence of different approaches to classifying soft skills, let alone, the selection of didactic tools for developing soft skills among potential employees.

scholarly journals The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa

2017 ◽  
Vol 13 (1) ◽  
pp. 170
Author(s):  
Tebogo Morajane
Keyword(s):  
South Africa ◽  
The Other ◽  
Fiduciary Duties ◽  
Binding Effect ◽  
Other Hand ◽  
Legal Challenges ◽  
A Company

This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008.  The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by them, and the possible effect thereof on various parties. The provisions of the constitutive documents under section 65(2) of the 1973 Companies Act are interpreted by courts and academic writers to amount to a statutory contract between a company and its members and between members inter se. The members are said to be bound by the provisions of these documents only in their capacity as members. It is submitted, however, that the rights and obligations are granted to members in their capacity as such if they are membership rights which are granted by virtue on one’s membership. So far the courts have failed to provide a logical explanation of the concept “capacity of a member as such”. This failure and the “qua membership test” resulted in limitations in the interpretation of section 65(2): for example, the exclusion of persons who are regarded as outsiders. The directors, despite the fact that numerous provisions of the applicable article provides for their rights, have rights that are unenforceable via the articles, for being regarded as outsiders. The company on the other hand can enforce the obligations against the directors on the basis of breach of their fiduciary duties. These limitations called for a redraft of section 65(2).  This contribution raises the legal challenges raised by the above. It arrives inter alia at the conclusion that the “qua membership test” may find application under the 2008 Companies Act, since members/shareholders may be allowed to exercise rights that are membership rights granted to them by virtue of their membership, and directors may be allowed to exercise rights that are granted to them in their official capacities as such.

scholarly journals Applicability of Warren Buffett's investment criteria in equity securities trading on the Quito Stock Exchange, Ecuador / Aplicabilidade dos critérios de investimento de Warren Buffett em ações negociadas na Bolsa de Valores de Quito, Equador

2021 ◽  
Vol 7 (10) ◽  
pp. 96990-97007
Author(s):  
Mikel Ugando Peñate ◽  
Andrés Wladimir Herrera Manosalvas
Keyword(s):  
Latin American ◽  
Stock Exchange ◽  
Financial Education ◽  
The Other ◽  
Good Corporate Governance ◽  
Governance Practices ◽  
Securities Trading ◽  
The City ◽  
A Company ◽  
Latin American Countries

The Quito Stock Exchange (QSE) through its objective of offering security to investors, has reflected an act based on good corporate governance practices, however, 2% of amounts correspond to shares that are traded nationally, being Ecuador one of the Latin American countries with the lowest amounts traded compared to 8% of GDP. The objective of the investigation is framed in determining if the investment criteria of Warren Buffett have applicability in the negotiations of actions in the QSE, added to this the presumed existence of aversion to risk on the part of the investor, but also the ignorance of the movement of market and securities transactions, with a population that possibly lacks financial education and does not have benchmarks to invest in a seemingly unknown market. The fields of inquiry that have been defined have to do with the buffettology that involves the investment techniques and criteria that have made Buffett the most famous investor worldwide and, on the other hand, the equity certificates of or documents that represent a Part of ownership of the assets of a company that in the future allows you to enjoy the derived benefits. In conclusion, the criteria are partially applicable in an average 72.23% within companies that could be very close to being excellent, with economic, legal and operational barriers that hold back the development of the stock market in the city of Quito.

Unfortunately, Ambiguities Still Abound in How We Conceptualize Corporate Social Responsibility

2013 ◽  
Vol 6 (4) ◽  
pp. 379-383 ◽  
Author(s):  
Paresh Mishra ◽  
Gordon B. Schmidt
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
The Other ◽  
Organizational Success ◽  
Positive Outcomes ◽  
Corporate Social ◽  
Product Strategies ◽  
A Company

The idea of embedded versus peripheral corporate social responsibility (CSR) proposed by Aguinis and Glavas (2013) appears to be very intuitive and functional. After all, who can on face deny the argument that CSR will have the maximum positive outcomes when it is not just an add-on but is thoroughly integrated into the strategies, routines, and operations of the business? However, on closer inspection, there appear to be several problems with the embedded–peripheral dichotomy. Three major ambiguities of the embedded–peripheral dichotomy are focused on in this commentary. The first lies in the potential for significant ambiguity in whether a company falls in one category or the other based on how the totality of the organization's operations and functions are categorized. A company can have CSR built into their operations and strategies for part of their business (embedded) while have them not be built into their operations for different aspects of the operations or product strategies. The second ambiguity area is how CSR actions get defined as peripheral or embedded that does fit well with the actual importance level of the action to the organization. We look at an organization example (TOM Shoes) where peripheral CSR actions have significant impact on organizational success.

Transfer Pricing and Location of Intangibles - Spillover and Tax Avoidance through Profit Shifting

2020 ◽  
Author(s):  
Rebecca Reineke ◽  
Katrin Weiskirchner-Merten
Keyword(s):  
Empirical Evidence ◽  
Transfer Pricing ◽  
Home Bias ◽  
Tax Avoidance ◽  
Optimal Location ◽  
The Other ◽  
Profit Shifting ◽  
Tax Rate ◽  
Length Range ◽  
A Company

This study examines how spillovers affect a multinational company's choice of an intangible's location and the corresponding transfer price for using this intangible. Our model uses a company with a domestic division in a high-tax country and a foreign division in a low-tax country, where each division's activities generate spillovers on the other division's income. In contrast to previous studies, our analysis incorporates an intangible's optimal location when the company trades off tax minimization and efficient activities. By locating the intangible abroad, the company reduces its tax liability, whereas locating the intangible domestically yields more efficient domestic division activities. For a high spillover of the domestic division, the company locates the intangible domestically. Our model supports empirical evidence regarding intangibles' location that is interpreted as "home bias". Additionally, we show how variations in regulatory parameters-arm's length range and tax rate differential-affect the divisions' activities and the intangible's location.

Process Management as a Means to Analyze the Effectiveness of a Company in Global Markets

2019 ◽  
pp. 263-286
Author(s):  
Lidia Sanchez-Ruiz ◽  
Beatriz Blanco ◽  
Carlos A. Perez-Labajos ◽  
Alberto Porras
Keyword(s):  
Process Management ◽  
The Other ◽  
Global Markets ◽  
Fixed Costs ◽  
Management Perspective ◽  
Demand Fluctuations ◽  
A Company ◽  
Continuous Demand ◽  
Low Activity

Companies need to ensure the effectiveness of all their processes. The case of the shipbuilding sector is exactly the same. From a management perspective, two important points should be highlighted. In order to face the continuous demand fluctuations, many shipyards, especially the smaller ones, have reduced their staff. This fact allows shipyards to be more flexible and to reduce their fixed costs in order to survive in low activity periods. On the other side, when there are peaks of workload, they outsource many activities. In fact, outsourcing has become one of the main and most important processes in shipyards. The level of outsourced activities is so high that shipyards are considered to be synthesis industries. Therefore, it is very important to ensure that the outsourcing process is correctly managed. Thus, the aim of this study is to show how process management can be used as a means to guarantee the effectiveness of a process. Specifically, the case of a small shipyard applying process management in its outsourcing process will be described.

Conclusions to Part II

2019 ◽  
pp. 161-166
Author(s):  
Sivan Shlomo Agon
Keyword(s):  
World Trade ◽  
Goal Attainment ◽  
Dispute Settlement ◽  
The Other ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Rule Compliance ◽  
The World ◽  
Dispute Settlement System ◽  
The One

When asked what, if anything, distinguishes US-Clove Cigarettes from other disputes filed with the World Trade Organization (WTO) Dispute Settlement System (DSS), an Appellate Body (AB) Secretariat staff member replied: ‘A number of things and nothing at the same time’.1 This answer aptly captures the story of trade-and disputes and the DSS’s goal-attainment patterns in such cases, as revealed in this second part of the book. On the one hand, as in all WTO disputes, the DSS appears to be engaged in this class of cases in the routine legal exercise of law application and interpretation while pursuing its multiple goals, including rule-compliance and dispute resolution. On the other hand, as a WTO practitioner remarked when discussing the ‘interpretative exercise’ carried out by the DSS in trade-and disputes:...

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