Arbitration and Law

Author(s):  
William W. Park

This chapter discusses the relationship between arbitration and law. Three sets of questions present themselves with respect to the role of law in arbitration. The first relates to arbitration’s legal framework. The second relates to the specific procedures by which arbitration proceedings unfold, for example, in presenting evidence or organizing oral hearings. The third implicates the arbitrator’s evaluation of the merits of the disputes itself. Although separate, the three dimensions of law support each other in promoting the efficiency, fairness, and legitimacy of cross-border dispute resolution. Performance of the arbitrator’s function thus falls within a framework of cases, statutes, and treaties seeking balance between two goals: (i) to prevent disregard of an arbitration commitment; while at the same time (ii) to monitor the arbitral process for conformity to recognized notions of procedural fairness.

2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.


2021 ◽  
pp. 1-21
Author(s):  
Émilie Lapointe ◽  
Christian Vandenberghe

Abstract This article looks at the relationship between psychological contract breach and voluntary turnover among newcomers, using supervisor trustworthiness as a mediator and negative affectivity as a moderator. Relying on data from 243 newcomers, psychological contract breach was found to be negatively related to the three dimensions of supervisor trustworthiness, i.e., ability, benevolence, and integrity. Supervisor integrity further mediated a positive relationship between psychological contract breach and voluntary turnover measured 8 months later. Psychological contract breach interacted with negative affectivity such that it was less negatively related to dimensions of supervisor trustworthiness at high levels of negative affectivity. The indirect relationship of psychological contract breach to voluntary turnover as mediated by supervisor integrity was also weaker at high levels of negative affectivity. We discuss the implications of these findings for research and practice.


2021 ◽  
Vol 10 (1) ◽  
pp. 15-40
Author(s):  
Archana Prasad

This article explores some questions arising from recent debates on patriarchy and capitalism. The focus is on the role of women in communist-led peasant movements in India and the implications of such struggles on the project of women’s emancipation. The first section lays out a framework for discussing the interface between class consciousness and the anti-patriarchal project, whereby patriarchy is located within the structural contradictions arising out of the contestations within the process of accumulation. The second section documents the historical context, focusing on the relationship between land reforms and social transformation in semi-feudal and early capitalist contexts, and analyzes the extent to which communist-led struggles are anti-patriarchal in character. The third section turns to the participation of women in the contemporary struggles of both agricultural workers and peasant movements and underlines the new emerging dialectics between women’s and peasant organizations under a neoliberal state and with deepening agrarian distress.


2018 ◽  
Vol 25 (8) ◽  
pp. 3225-3237 ◽  
Author(s):  
Surendra Kumar Sia ◽  
Pravakar Duari

PurposeThe purpose of this paper is to examine the contribution of agentic work behaviour and decision-making authority (DMA) to thriving at work and, more importantly, the moderating role of DMA in the relationship between agentic behaviour and thriving.Design/methodology/approachThe study has been carried out upon a random sample of 330 employees below supervisory level from manufacturing companies located at Odisha (a state located at the eastern part of India). After verifying the significance of correlation among the study variables through Pearson’s product moment correlation, moderated regression analyses were carried out to examine the independent contribution of agentic work behaviour and DMA to thriving as well as the moderating contribution of DMA towards thriving.FindingsResults reveal that the three dimensions of agentic work behaviour, namely, task focus, exploration and heedful relation, have a direct positive contribution towards thriving at workplace. As far as the moderation is concerned, it is observed that the thriving level is higher for the employees having high DMA irrespective of the level of agentic work behaviour at each dimension.Research limitations/implicationsThe findings imply for designing interventions to enhance task focus, super-ordinate relationship and interest for learning. In addition, the organisations should provide autonomy to employees for decision making.Originality/valueThe study is first of its kind in the Indian context upon employee thriving. In this study, the authors have not only investigated the separate independent contribution of agentic behaviour and DMA, but also their interacting contribution to employee thriving.


2021 ◽  
Vol 12 ◽  
Author(s):  
Anna Plessas ◽  
Moana W. Billot ◽  
Armon Tamatea ◽  
Oleg N. Medvedev ◽  
Jessica McCormack ◽  
...  

Background: The extent to which behavior-analytic interventions are offered to Indigenous populations across CANZUS in accessible and culturally appropriate ways is unknown. We conducted a scoping review with a thematic analysis of the extant literature to find: (1) what are the barriers and facilitators for providing effective and equitable delivery of psychological services (with a behavioral component) to Indigenous populations; and (2) what tools and practices exist for an effective and equitable service delivery.Methods: We systematically reviewed Medline, CINAHL, PubMed, PsycInfo, Web of science, Ovid and INNZ databases between 1990 and 2020. For the scoping review, we adhered to the JBI methodological approach (2015) and the PRISMA strategy for the identification, selection, and appraisal of the reviewed articles. A total of 1265 unique articles met the criteria for the screening by title; 238 by abstract; 57 were included for full text assessment; and 37 were included in the final analysis.Results: Three themes were revealed to account for the barriers and facilitators of culturally friendly practices: (1) connecting practices are about interactions shaping the relationship between service provider and service client; (2) innovative practices test new approaches and innovations that could facilitate access to psychological services and overcome barriers, and (3) reflective practices are about critically examining the processes and actions undertaken toward effective cultural adaptation of services.Conclusions: Our analysis suggests that the level of success in bringing together services and the recipients of treatment (connection), showing flexibility and persistence in finding solutions (innovation) and examining the role of our behaviors in reaching our goals (reflection) is determined by the providers' action in the aforementioned three dimensions of practice.


2018 ◽  
Vol 47 (5) ◽  
pp. 1062-1076 ◽  
Author(s):  
Sheng-Wuu Joe ◽  
Wei-Ting Hung ◽  
Chou-Kang Chiu ◽  
Chieh-Peng Lin ◽  
Ya-Chu Hsu

Purpose To deepen our understanding about the development of turnover intention, the purpose of this paper is to develop a model that explains how ethical climate influences turnover intention based on the ethical climate theory and social identity theory. Design/methodology/approach The hypotheses of this study were statistically tested using a survey of working professionals from Taiwan’s high-tech industry. Of the 400 questionnaires distributed to the working professionals from five large high-tech firms in a well-known science park in Northern Taiwan, 352 usable questionnaires were returned for a questionnaire response rate of 88 percent. Findings The test results of this study first show that all three dimensions of ethical climate (i.e. instrumental, benevolent, and principled) are indirectly related to turnover intention via the mediation of firm attractiveness. Moreover, instrumental and benevolent climate directly relate to turnover intention, whereas benevolent climate negatively moderates the relationship between principled climate and firm attractiveness. Originality/value This study finds that benevolent climate plays a dual role as an antecedent and a moderator in the formation of turnover intention, complementing prior studies that merely concentrate on the single role of benevolent climate as either an antecedent or a moderator. The effect of principled climate on organizational identification complements the theoretical discussion by Victor and Cullen (1987) about deontology in which an ethical workplace climate (such as legitimacy) drives employees to invest in identity attachments to the organization and influences their future career decision (e.g. turnover).


2019 ◽  
Vol 57 (5) ◽  
pp. 1237-1253 ◽  
Author(s):  
Fu-Sheng Tsai ◽  
I-Chieh Hsu

Purpose The purpose of this paper is to examine the influences of social capital on knowledge heterogeneity in order to advance the understanding of the effects and to reconcile existing inconsistent findings. Design/methodology/approach Survey data collected from 105 new product development (NPD) projects were analyzed with regression-based methods. Findings The results indicated that trust, centralization and shared vision as the three social capital dimensions generally have negative impacts on the domain and presentation dimensions of knowledge heterogeneity. However, the three dimensions of social capital do not exhibit consistent influences on the tacitness heterogeneity (i.e. an epistemological dimension of knowledge heterogeneity). Research limitations/implications More research is needed to explore the role of social capital dimensions in developing a range of knowledge attributes of NPD teams, among which knowledge heterogeneity is one. The various dimensions of knowledge an NPD team possesses should have performance implications and deserve future investigation. Originality/value The study is one of the first documented attempts to demonstrate contingencies in the relationship between social capital and knowledge heterogeneity. The effect of social capital on knowledge heterogeneity should be understood at the level of dimensions of the two respective constructs.


2021 ◽  
Vol 37 (4) ◽  
pp. 405-426
Author(s):  
Jamilah Jamal ◽  
◽  
Hassan Abu Bakar ◽  

The credibility of public organisation as the source of information often receives negative intuition and misinterpretation from the public at large. Since credibility of public organisation is very much related to public trust, scholars have focused on antecedents of organisational credibility such as leadership constructs to restore trust and confidence among the public. Yet not much research has investigated the role of charismatic leadership communication in building and establishing organisational credibility of the public organisation. The aim of this study is to examine the relationship between charismatic leadership communication and the influence of its three dimensions (task oriented, enthusiasm and empathy) with organisational credibility of public organisation in Malaysia. This study employed a quantitative approach to measure participants' perception on their organisational leadership communication and credibility. A total of 368 public organisation employees which were selected through stratified random sampling participated in the survey. The hypothesis of this study was tested using Pearson correlation to examine the relationship between the constructs, whereas multiple regression was used to examine the variance of each dimension of charismatic leadership communication on organisational credibility. The finding reveals that there is a significant relationship between charismatic leadership communication and public organisation credibility, while task-oriented communication appears to be the most significant dimension influencing the credibility of Malaysia public organisation. The implication of the study suggested that public organisational credibility is influenced by the way the information was delivered by the organisation through its charismatic leaders. Theoretical and practical contributions were advanced in this study. Keywords: Charismatic leadership communication, empathy, enthusiasm, task-related communication, organizational credibility.


Author(s):  
Erik Beulen

An IT outsourcing partnership consists of an outsourcing relationship and one or more external IT suppliers and the relationship between them. Alignment of mutually set goals of the IT outsourcing relationship is a prerequisite to achieve governance. In order to achieve governance the management of IT outsourcing partnerships is also essential. Managing an IT outsourcing relationship requires substantial effort from both the outsourcing organisation and the IT supplier. This chapter is based on 11 international IT outsourcing partnerships, five expert interviews and on literature. Three dimensions are described in a descriptive IT outsourcing partnership governance framework: outsourcing organization, the maintenance of the relationship, and the IT supplier. Eleven governance factors are detailed in the framework. These governance factors include guidelines for the implementation of the IT strategy and the information management. Furthermore, this chapter focuses on the IT outsourcing contract. The role of the contract management and account management of the IT suppliers and the implementation of global service delivery processes is also detailed in this chapter.


Author(s):  
Ilyas Saliba ◽  
Wolfgang Merkel

The theory of the dilemma of simultaneity is empirically based on the transformations of post-socialist states in Central and Eastern Europe. The transformations after the collapse of the socialist bloc were without precedent with regards to breadth and depth. The dilemma of simultaneity consists of three parallel transition processes on three dimensions. The first part of this chapter explores the three dimensions of the transitions: nation building, political transformation, and economic transformation. The second part discusses the three levels of transformation: (1) ethno-national identity and territory, (2) polity, and (3) socio-economic distribution. The third part highlights the complexity and challenges of multidimensional simultaneous transformation processes. The fourth and fifth parts discuss the role of international actors and socio-economic structures on the transitions in Central and Eastern Europe. The chapter concludes with an account of Elster’s and Offe’s critics and their response.


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