Part V Emergency Arbitrators and Interim Relief, 14 Emergency Arbitrators and Court-Ordered Interim Measures: Is the Choice Important?

2016 ◽  
Author(s):  
Jones Doug
Keyword(s):  
Status Quo ◽  
Arbitral Tribunal ◽  
The Status ◽  
Interim Measures ◽  
Practical Implications

Parties to a dispute often need urgent relief and may seek interim measures. Interim measures, also known as ‘temporary measures of protection’ or ‘conservatory measures’ are orders by courts or arbitral tribunals directed at the preservation of the status quo until a decision on the merits of the dispute is rendered. Closely related to interim measures is the concept of the emergency arbitrator-an arbitrator appointed post haste upon the application of a party to a dispute to decide an urgent issue that cannot wait until the constitution of the arbitral tribunal to decide it. This chapter considers the emergency arbitrator provisions in the rules of selected arbitral institutions, and the interplay between these provisions and a court’s ability to order interim measures of protection. It discusses the utility of emergency arbitrator provisions in light of issues of enforceability, giving way to both legal and practical implications for the choice between seeking emergency arbitration instead of court-ordered interim measures.

7 Role of National Courts during the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Status Quo ◽  
Arbitral Tribunal ◽  
Judicial Control ◽  
National Courts ◽  
The Status ◽  
Model Law ◽  
Interim Measures

This chapter examines the role that national courts play at the beginning, during, and end of arbitration proceedings. Arbitration is dependent on the support of the courts, which alone have the power to intercede when one party seeks to sabotage proceedings. This intervention may be possible at the beginning of the arbitral process in the context of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. National courts may also intervene during proceedings: it may be necessary for the arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration. Under the UNCITRAL Rules and Model Law, such orders are called ‘interim measures’. The chapter also describes how national courts exercise judicial control over the resulting award.

9 Interim Measures of Protection/Emergency Arbitrator Procedures: (Article 23 and Appendix III)

2020 ◽  
Author(s):  
Yu Jianlong ◽  
Cao Lijun
Keyword(s):  
Status Quo ◽  
Arbitral Tribunal ◽  
The Status ◽  
Property Preservation ◽  
The Subject ◽  
Preservation Property ◽  
Interim Measures

This chapter addresses the subject of interim measures of protection, including emergency arbitrator procedures. Interim measures provide means to parties to preserve the status quo as between themselves pending the resolution of their dispute. Article 23 of the CIETAC Rules sets forth some general provisions on conservatory and interim measures in the context of CIETAC arbitration, covering such aspects as conservatory measures from PRC Court (Article 23.1), emergency reliefs from emergency arbitrator (Article 23.2), and interim measures from arbitral tribunal (Article 23.3). The interim measures available from the PRC court are limited to three types: evidence preservation; property preservation; and conduct preservation. Meanwhile, contained in Appendix III of the CIETAC Rules are detailed provisions relating to emergency arbitrator procedures.

Marketing and delivering information literacy on the web, yesterday and today, from 2009 to 2012

2014 ◽  
Vol 31 (4) ◽  
pp. 10-13 ◽  
Author(s):  
Sharon Q. Yang
Keyword(s):  
Information Literacy ◽  
Web Sites ◽  
Academic Libraries ◽  
Design Methodology ◽  
Status Quo ◽  
Content Type ◽  
The Status ◽  
Practical Implications ◽  
The Web ◽  
Made In

Purpose – This study aims to ascertain the trends and changes of how academic libraries market and deliver information literacy (IL) on the web. Design/methodology/approach – The author compares the findings from two separate studies that scanned the Web sites for IL-related activities in 2009 and 2012, respectively. Findings – Academic libraries intensified their efforts to promote and deliver IL on the web between 2009 and 2012. There was a significant increase in IL-related activities on the web in the three-year period. Practical implications – The findings describe the status quo and changes in IL-related activities on the libraries’ Web sites. This information may help librarians to know what they have been doing and if there is space for improvement. Originality/value – This is the only study that spans three years in measuring the progress librarians made in marketing and delivering IL on the Web.

scholarly journals Bridging the relevance-ranking chasm: mission impossible?

2018 ◽  
Vol 30 (2) ◽  
pp. 128-144 ◽  
Author(s):  
Judy Zolkiewski
Keyword(s):  
Design Methodology ◽  
Status Quo ◽  
First Century ◽  
Management Research ◽  
Business Research ◽  
Business World ◽  
Content Type ◽  
The Status ◽  
Business And Management ◽  
Practical Implications

Purpose This paper aims to debate the challenges related to balancing relevance and ranking in management research. Design/methodology/approach This is a commentary on and review of challenges faced by twenty-first century management academics. Findings There is a chasm between managerial relevance and current managerial research; however, with academic buy-in, there are ways in which the chasm can be crossed. Research limitations/implications The implications of this are wide reaching for management researchers. They are challenged to consider different methodologies, strategies and dissemination avenues for their research. Practical implications Researchers need to consider not only collaboration with practitioners, as they pursue solutions to managerial problems, but also more inter-disciplinary research that addresses the wicked problems of management in practice. Social implications Solving the challenge of managerial relevance of business research has the potential to allow the contribution of business academia to be fully appreciated by practitioners. Originality/value The value of this thought-piece is that it challenges business and management academics to challenge the status quo and fight to make their research relevant to and valued by the business world.

The accounting meta-metaphor of the Hollow Men by T. S. Eliot

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Alistair M. Brown
Keyword(s):  
Design Methodology ◽  
Source Term ◽  
Status Quo ◽  
Modern World ◽  
Content Type ◽  
Step Procedure ◽  
The Status ◽  
Metaphor Use ◽  
Metaphorical Analysis ◽  
Practical Implications

Purpose Using the theory of sensibility and McClelland et al.’s (2013) metaphorical analysis, this study aims to analyse the accounting metaphors and meta-metaphor of The Hollow Men, a poem written by T. S. Eliot. Design/methodology/approach The analysis uses McClelland et al.’s (2013) five-step procedure to ascertain the poem’s metaphor use. Findings The Hollow Men depicts accountants as ritualistic and accounting voices as quiet and meaningless while its meta-metaphor conveys accounting as rites and shadows. Research limitations/implications Although The Hollow Men’s use of Form 4 metaphors, where neither figurative nor literal source term is named, places an onus on the reader to infer meaning from accounting metaphor use, the analysis provides readers with a valuable structure for evincing accounting metaphors that present pervasive accounting issues facing the modern world. Practical implications Accountants, according to The Hollow Men, are hollow, devotees to plunderers and property and rain dancers. The Hollow Men situates the quest for accounting as a ritual for order and the preservation of the status quo. Social implications The Hollow Men’s mages of accounting immersion in rites and shadows accord with the conceptual metaphors of accounting as magic and accounting as history. Originality/value The originality of this study rests in its introduction to McClelland et al.’s (2013) metaphorical analysis of accounting research.

scholarly journals Žižekian ideas in critical reflection

2016 ◽  
Vol 8 (1) ◽  
pp. 5-16 ◽  
Author(s):  
Tony Wall
Keyword(s):  
Design Methodology ◽  
Critical Reflection ◽  
Emotional Responses ◽  
Status Quo ◽  
Content Type ◽  
Case Examples ◽  
New Ways Of Working ◽  
The Status ◽  
Key Indicators ◽  
Practical Implications

Purpose The purpose of this paper is to examine how deeper psychosocial structures can be examined utilising a contemporary provocative theory within workplace reflection to generate more radical insights and innovation. Design/methodology/approach This paper outlines a provocative theory and then presents case examples of how deeper structures can be examined at the micro, meso and macro levels. Findings Deeper psychosocial structures are the forces that keep the status quo firmly in place, but deeper examination of these structures enable radical insights and therefore the possibility of innovation. Research limitations/implications Deep psychosocial structures shape and constitute daily action, and so work-based and practitioner researchers can be tricked into thinking they have identified new ways of working, but may be demonstrating the same workplace behaviours/outcomes. Workplace behaviours, including emotional responses to apparent change, are key indicators of deeper structures. Practical implications Ideas and processes for examining deeper structures can be integrated into daily reflective practices by individuals, within organisational processes, and wider, system processes. However, because deeper structures can appear in different forms, we can be tricked into reproducing old structures. Social implications Examining deeper structures increases the possibilities for more radical insights into workplace structures, and therefore, how to potentially mobilise innovations which may better serve people and planet. Originality/value This paper is the first to examine the work of Slavoj Žižek in the context of work-based learning.

Part V Emergency Arbitrators and Interim Relief, 15 Legal Standards Applicable to Deciding Applications for Interim Relief

2016 ◽  
Author(s):  
Hanessian Grant
Keyword(s):  
Status Quo ◽  
International Standards ◽  
International Arbitration ◽  
Legal Standards ◽  
Temporary Relief ◽  
The Status ◽  
Arbitral Proceedings ◽  
Interim Measures ◽  
Final Disposition

Parties in a dispute sometimes need to obtain relief prior to the final disposition of the case. Such relief-in international arbitration variously termed ‘interim measures of protection’, ‘conservatory measures’, or ‘provisional’, ‘preliminary’, or ‘temporary’ relief-may be necessary to preserve the status quo, to facilitate conduct of arbitral proceedings, or to ensure enforcement of a future award. In recent years, interim relief has received more attention and it has become increasingly possible to identify international standards relevant to applications for interim relief. This chapter considers these emerging standards, with particular emphasis on contributions made by the decisions of investor-state tribunals and emergency arbitrators.

Increasing organizational resilience: key drivers and aspects of firm culture

2019 ◽  
Vol 1 (2) ◽  
pp. 80-82
Keyword(s):  
Human Capital ◽  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Status Quo ◽  
Content Type ◽  
The Status ◽  
Pertinent Information ◽  
Key Drivers ◽  
Practical Implications

Purpose The purpose of this paper is to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings Resilient organizations are better positioned to manage major crises and restore the status quo or achieve levels of performance that exceed pre-disruption standards. Successful navigation of a crisis situation can be achieved if key resilience drivers are identified and the firm is equipped with sufficient social and human capital and has an open culture. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

scholarly journals Affective ethnography: reflections on the application of “useful” research on workplace diversity

2018 ◽  
Vol 13 (3) ◽  
pp. 218-234 ◽  
Author(s):  
Lotte Holck
Keyword(s):  
Design Methodology ◽  
Change Agent ◽  
Status Quo ◽  
Workplace Diversity ◽  
Ethnographic Methods ◽  
Content Type ◽  
The Status ◽  
The Impact ◽  
Practical Implications ◽  
Critical Diversity

PurposeThe purpose of this paper is to critically reflect on the affective entanglement of both researcher and practitioners in a study of workplace diversity with a transformative agenda.Design/methodology/approachEvents and experiences related to interventions in a municipal center are presented. The study is embedded in critical diversity research and applies engaged ethnographic methods.FindingsThe researcher reflects on how interventions designed to challenge the status quo faced difficulties while considering the impact of the research entry point, efforts to mobilize organizational members in favor of a diversity agenda and the micro-politics of doing intervention-based research.Practical implicationsThe study reflects on how “useful” research with an allegedly emancipatory agenda might not be considered favorable to neither majority nor minority employees. The notion of affectivity is applied to deal with the organizational members’ multi-voiced response to the change efforts, as well as how the researcher’s position as researcher-change agent critically shaped the fieldwork experiences and their interpretation.Originality/valueFew critical diversity scholars engage with practitioners to produce “useful” research with practical implications. In doing so, this paper contributes to critical diversity methods by exploring why presumably emancipatory initiatives apparently did not succeed, despite organizational goodwill. This involves questioning the implied assumption of the inherent “good” of emancipation, as well as notions of “useful research.”

The status quo and the investment decisions

2020 ◽  
Vol 46 (9) ◽  
pp. 1183-1197
Author(s):  
Sana EL Harbi ◽  
Oumeima Toumia
Keyword(s):  
Venture Capital ◽  
Status Quo ◽  
Added Value ◽  
Capital Investments ◽  
Institutional Factor ◽  
Content Type ◽  
Business Plans ◽  
The Status ◽  
Venture Capital Investments ◽  
Practical Implications

PurposeThis article investigates the influence of status quo bias (SQB) on venture capital investments.Design/methodology/approachThe authors use the dynamic panel probit (respectively logit) model for 24 countries over nine years (from 2007–2015).FindingsThe authors’ regressions reveal that the SQB is meaningful in real decisions. Indeed, the authors find that the choice of investment sectors depends positively on the previous choice. Moreover, the study identifies other factors that were perceived to influence the choice of the investment industry such as added value by activity and the venture capital (VC) country attractiveness index.Practical implicationsBy knowing the behavior of VC FIRMS, entrepreneurs would better frame their business plans and better target the VC to whom they should better contact.Originality/valueNo research has dealt with this question, yet status quo is consensually recognized as an omnipresent institutional factor.

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