Commercial Arbitration

2021 ◽  
pp. 227-230
Author(s):  
Soia Mentschikoff
Keyword(s):  
Institutional Context ◽  
Trade Association ◽  
Business Relationship ◽  
Commercial Arbitration ◽  
The Third ◽  
Institutional Contexts

This article assesses the structure and the process of commercial arbitration, which are determined by the different institutional contexts in which it arises. The simplest institutional context or setting is when two persons in a contract delineating a business relationship agree to settle any disputes that may arise under the contract by resort to arbitration before named arbitrators or persons to be named at the time of the dispute. A second type of arbitration arises within the context of a particular trade association or exchange. The third setting for commercial arbitration is found in administrative groups, such as the American Arbitration Association, which provide rules, facilities, and arbitrators for any persons desiring to settle disputes by arbitration. The article then distinguishes between those factors that can be said to produce a need for arbitration machinery in commercial groups and those factors that merely make it desirable.

Introduction

2017 ◽  
Author(s):  
Tomas Macsotay ◽  
Cornelis van der Haven ◽  
Karel Vanhaesebrouck
Keyword(s):  
Early Modern ◽  
Public Space ◽  
Visual Arts ◽  
Interdisciplinary Research ◽  
Research Agenda ◽  
Institutional Context ◽  
Catholic Priest ◽  
The Third ◽  
Modes Of Representation ◽  
Starting Point

Taking the infamous Theatrum Crudelitatum Haereticorum nostri temporis by the Catholic priest Richard Verstegan as its starting point, this chapter introduces the reader to the over-arching agenda of the book, clearly formulating its interdisciplinary research agenda. The Hurt(ful) Body focuses on both literal and metaphorical violence, performed and depicted in early modern performing and visual arts. Indeed, Theatrum Crudelitatum is a very outspoken example of the issues at stake in this book: the violence inflicted on bodies and the representation of this very same violence, in theatres, in pictures and paintings but also in non-artistic modes of representation. In the introduction, the editors describe the threefold structure of the book. The first part will focus mainly on performing bodies (on stage), whereas the second part will discuss the pain of someone who watches the suffering of others, both in regard to theatre audiences and beholders of art, as well as to the onlooker in art: the theatre character or individual on canvas who is watching a(nother) hurt body. The third and final part will analyse how this circulation of gazes and affects functions within a specific institutional context, paying particular interest to the performative context of public space.

Single episode analysis of extended conflict talk sequences in second language classroom discussion

2015 ◽  
Vol 3 (2) ◽  
pp. 231-262 ◽  
Author(s):  
Yuri Hosoda ◽  
David Aline
Keyword(s):  
Second Language ◽  
Group Discussion ◽  
Classroom Interaction ◽  
Institutional Context ◽  
Classroom Discussion ◽  
Single Episode ◽  
Conflict Talk ◽  
Language Classroom ◽  
Research Findings ◽  
Institutional Contexts

Numerous studies have examined conflict talk from an ethnomethodological perspective, scrutinizing development of conflict talk sequences (e.g., Coulter 1990; Maynard 1985a). We take up this strand of research to examine an extended episode of conflict talk in a second language (L2) classroom. Throughout this study, we conduct a detailed analysis of a single episode, applying previous research findings and using this analysis as a springboard into uncovering distinct aspects of conflict talk in this institutional context that may also be generalizable to other institutional contexts. The focus here is on an extended dispute occurring in a group discussion extracted from a larger corpus of L2 classroom interaction.

Narratives as a resource to manage disagreement: Examples from a parents' meeting in an extracurricular activity center

2008 ◽  
Vol 28 (3) ◽  
Author(s):  
Susanne Kjaerbeck
Keyword(s):  
Extracurricular Activity ◽  
Mutual Understanding ◽  
The Third ◽  
Professional Accountability ◽  
Institutional Talk ◽  
Institutional Contexts ◽  
Activity Center ◽  
The One ◽  
The Relationship ◽  
Narrative Description

AbstractThis article explores narratives as an interactional resource to manage disagreement. On the basis of a detailed analysis of parents' meetings with three educators, three conversational phenomena were found to be particularly relevant to manage disagreement in narratives. The first phenomenon is the participants' manner of negotiating meaning in the narrative. It is demonstrated that the teller (a professional) and not the recipient (the mother) is the one who initiates the display of understanding the told events. In this kind of informal institutional talk, it emphasizes the asymmetry of the encounter. The second phenomenon is the primary speaker's accounting for and providing evidence in an attempt to obtain mutual understanding and to establish professional accountability. However, alignment is not achieved, and therefore the teller's assessments are constructed in a dispreferred format. The third phenomenon is the recipient's responding actions, which are minimal or absent and are used as a strategy for communicating disagreement indirectly. Finally, the relationship between narrative description and sequential and institutional contexts is addressed, and narratives are considered as contextualized as well as contextualizing resources of communication.

Attack or Defend? The Role of Institutional Context on Patent Litigation Strategies

2015 ◽  
Vol 44 (3) ◽  
pp. 1226-1249 ◽  
Author(s):  
Bruce C. Rudy ◽  
Stephanie L. Black
Keyword(s):  
Pharmaceutical Industry ◽  
Competitive Advantage ◽  
Semiconductor Industry ◽  
Institutional Context ◽  
Performance Outcomes ◽  
Patent Litigation ◽  
Starting Point ◽  
Institutional Contexts

Research has suggested that firms engage in a number of different patent strategies to protect and even gain competitive advantage. However, we know less about the strategies firms employ when engaging in patent litigation. Using proprietary and defensive generic patent strategies as a starting point, this paper describes two types of patent litigation strategies, the types of institutional contexts that would be expected to motivate firms to engage in each, and the performance outcomes of firms undertaking such strategies. Analyzing patent litigation activity between 2002 and 2008 in the pharmaceutical and semiconductor industries, we find that firms in the pharmaceutical industry are more likely to follow a proactive proprietary patent litigation strategy, while firms in the semiconductor industry are more likely to engage in a proactive defensive patent litigation strategy. Furthermore, firms in the semiconductor industry that followed a proactive defensive patent litigation strategy enjoyed better performance than firms that did not engage in this strategy.

scholarly journals Global Philanthropy: Does Institutional Context Matter for Charitable Giving?

2021 ◽  
pp. 089976402198944
Author(s):  
Pamala Wiepking ◽  
Femida Handy ◽  
Sohyun Park ◽  
Michaela Neumayr ◽  
René Bekkers ◽  
...  
Keyword(s):  
Charitable Giving ◽  
Institutional Context ◽  
Social Practices ◽  
Professional Standards ◽  
Evidence Based ◽  
Key Factors ◽  
Evidence Based Practices ◽  
Philanthropic Organizations ◽  
Limited Support ◽  
Institutional Contexts

In this article, we examine whether and how the institutional context matters when understanding individuals’ giving to philanthropic organizations. We posit that both the individuals’ propensity to give and the amounts given are higher in countries with a stronger institutional context for philanthropy. We examine key factors of formal and informal institutional contexts for philanthropy at both the organizational and societal levels, including regulatory and legislative frameworks, professional standards, and social practices. Our results show that while aggregate levels of giving are higher in countries with stronger institutionalization, multilevel analyses of 118,788 individuals in 19 countries show limited support for the hypothesized relationships between institutional context and philanthropy. The findings suggest the need for better comparative data to understand the complex and dynamic influences of institutional contexts on charitable giving. This, in turn, would support the development of evidence-based practices and policies in the field of global philanthropy.

scholarly journals Science, red in tooth and claw: Whaling, purity, pollution and institutions in marine mammal scientists’ boundary work

2018 ◽  
Vol 1 (1-2) ◽  
pp. 165-185 ◽  
Author(s):  
Benedict E. Singleton ◽  
Rolf Lidskog
Keyword(s):  
Research Methods ◽  
Marine Mammal ◽  
Cultural Theory ◽  
Boundary Work ◽  
Institutional Context ◽  
Scientific Study ◽  
Scientific Societies ◽  
Environmental Conflicts ◽  
International Whaling Commission ◽  
Institutional Contexts

The use of lethal research methods on cetaceans has a long and complicated history in cetology (the scientific study of whales, dolphins and porpoises). In the current era, collecting data through the hunting of whales (sometimes referred to as scientific whaling) remains a source of considerable conflict in various fora, including scientific ones. Based on interviews and documents, this article explores how marine mammal scientists articulate the validity of particular practices and research at both the International Whaling Commission and in professional scientific societies. Drawing on cultural theory, the article explores scientists’ boundary work, describing the purity and pollution of particular whaling practices in different institutional contexts. Respondents on either side of the debate argued for the pure or polluted nature of various positions, often utilising particular idealised values of science: objectivity, honesty and openness regarding how conclusions were drawn. The nature of boundary work performed is then related to the institutional context within which it takes place. This article thus highlights how science’s role in environmental conflicts can be assessed through boundary work that denotes who can legitimately speak for science, on what topics and how science is stage-managed.

The Legacy of Soia Mentschikoff’s Commercial Arbitration

2021 ◽  
pp. 235-238
Author(s):  
W. Mark C. Weidemaier
Keyword(s):  
Citation Count ◽  
Trade Association ◽  
Commercial Law ◽  
Commercial Arbitration ◽  
Objective Metrics

What is the legacy of Soia Mentschikoff’s 1961 article Commercial Arbitration? Judged by objective metrics like citation count, or by the esteem in which scholars of arbitration and commercial law hold it, the article would have to be rated one of the most influential in the arbitration canon. A deeply realist exploration of how commercial arbitration was practiced among trade association members and before the American Arbitration Association, ...

The Entrepreneurial Ecosystem: Actors and Performance in Different Stages of Evolution of Academic Spinoffs

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Noelia Franco-Leal ◽  
Carmen Camelo-Ordaz ◽  
Mariluz Fernandez-Alles ◽  
Elena Sousa-Ginel
Keyword(s):  
Social Context ◽  
Institutional Context ◽  
Development Stage ◽  
Entrepreneurial Ecosystem ◽  
Initial Development ◽  
Consolidation Phase ◽  
Institutional Contexts ◽  
Academic Spinoffs ◽  
And Performance ◽  
The Impact

AbstractThe importance of entrepreneurial ecosystems is accentuated in the academic entrepreneurship context since academic spinoffs (ASOs) must rely on actors from the ecosystem to access resources they lack in order to improve their performance. This study analyzes the impact that actors from social and institutional (university and nonuniversity) contexts in the entrepreneurial ecosystem have on ASO performance in the stage of creation and initial development and in the stage of consolidation. From a sample of 118 ASOs in the initial stage and 47 ASOs in the consolidation stage, the results indicate that social and institutional contexts improve the performance of ASOs in both phases of development, although the relevance of each context varies with the stage. In the creation and initial development stage, the institutional context affects the ASOs’ performance to a greater extent, while the influence of the social context is less strong. Science parks from the institutional context are the most relevant actors in this phase. In the consolidation phase, social context is the most relevant for improving the performance of ASOs, with the venture capitalist being the actor that exerts more influence. With respect to the institutional context, performance is only affected by the nonuniversity context in this stage.

scholarly journals Socio-Legal Studies in Germany and the UK: Theory and Methods

2020 ◽  
Vol 21 (7) ◽  
pp. 1309-1317
Author(s):  
Jennifer Hendry ◽  
Naomi Creutzfeldt ◽  
Christian Boulanger
Keyword(s):  
United Kingdom ◽  
Law And Society ◽  
Special Issue ◽  
Legal Studies ◽  
The Third ◽  
Academic Cultures ◽  
The United Kingdom ◽  
Institutional Contexts ◽  
Methodological Approaches ◽  
The Uk

AbstractThis Special Issue considers the situated and contextualized development of socio-legal, or law and society, scholarship within two materially different legal and academic cultures, namely Germany and the United Kingdom, with a view to achieving a better understanding of why and how such differences in understanding and practice have arisen. The contributions are grouped into three themes. The first reflects upon the influence of institutional contexts and scholarly traditions in terms of the development of those approaches that come under the banner of socio-legal studies. The second features contributions that adopt a comparative perspective in terms of selected areas of law, pointing to notably different approaches taken in Germany and the UK, and considering the development of these respective situations. The third looks at the key contemporary trends, theoretical applications, and methodological approaches taken within both countries’ socio-legal academic contexts.

Interest, Collusion, and Alignment

2010 ◽  
Vol 34 (1) ◽  
pp. 83-89 ◽  
Author(s):  
Ari Adut
Keyword(s):  
Third Reich ◽  
The Other ◽  
Specific Group ◽  
Adolf Hitler ◽  
Western History ◽  
The Third ◽  
Political Crises ◽  
Institutional Contexts ◽  
The Third Reich ◽  
The Right

Ivan Ermakoff ’s Ruling Oneself Out focuses on two major instances of voluntary surrender of power in Western history: the March 1933 bill that empowered Adolf Hitler with the right to amend the Weimar Constitution and the transfer of full executive, legislative, and constitutional authority to Marshal Philippe Pétain in July 1940. The first event inaugurated the Third Reich, the other Vichy France. Much ink has been spilled over these events. But Ermakoff finds various problems with the existing accounts and advances his own theory of collective abdication in their stead. Moreover, his theory is geared to analyze all kinds of political crises and breakdowns where collective abdication plays a role—as it often does in such contexts. Ermakoff ’s theory is a formal one. It can hold for any situation in which a group confronts the possibility of collective persecution and has to decide whether to resist or abdicate. It is not confined to formally defined collectivities or to parliamentary settings: the dynamics that it reveals are independent of specific group configurations and institutional contexts.

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