To what extent is arbitration acceptable in individual labor disputes? A critique from a Jordanian law perspective

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kamal Jamal Alawamleh
Keyword(s):  
Design Methodology ◽  
Labor Law ◽  
Secondary Data ◽  
Labor Contracts ◽  
Scholarly Work ◽  
Labor Disputes ◽  
Main Method ◽  
Content Type ◽  
Secondary Data Sources ◽  
Comprehensive Manner

Purpose In several recent judgments, the Jordanian Court of Cassation has found that using arbitration to resolve individual labor disputes is null. The aforementioned approach which constituted a departure from the well-established former approach that the same court has followed has been confirmed by the new amendments that the Jordanian Arbitration Act has seen in 2018. In view of this, this study aims to highlight and critically analyze the above-mentioned court’s decisions and the new amendments pertaining to arbitration clauses from a Jordanian Labor Law perspective and the distinct characteristics rooted in it to find out the extent to which applying arbitration in such a context is acceptable or not. Design/methodology/approach To examine how effective are the approaches followed by the Jordanian courts and the legislator in ruling the unacceptability of arbitration clauses in individual labor contracts and to observe to what extent it has been successful in this relation, this work makes use of the secondary data available in this regard as the main method to complete such an examination and this includes the relevant different legislations, court’s decisions and jurisprudence. By critically analyzing and comparing the various data contained in these secondary data sources, this work will identify the problems associated with such approaches and accordingly bring up different recommendations and conclusions. Findings While the current author do largely agree with the conclusions that have been reached recently by the aforementioned courts, it is submitted that these courts and the legislator have not dealt with such a matter in an adequate and comprehensive manner as they should have spilled more ink on this area of law. Furthermore, this work argues that while the principles that necessitate arbitration shall be respected, the distinct characteristics of the labor law warrant a more careful approach than actually followed by the competent authorities. Originality/value Taking into consideration the recent different approaches followed by the Jordanian courts and legislator in ruling the unacceptability of arbitration clauses in individual labor contracts, it would not be a surprise to say that there is no comprehensive and updated scholarly work which has either examined such different approaches or addressed its implications. Accordingly, this work derives its originality and value from being the first and most updated work that examines and addresses such a thorny matter.

Limited liability companies in Jordan: another story for piercing the corporate veil

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kamal Jamal Alawamleh ◽  
Abeer Hassan Al-Qaisi ◽  
Fathi Tawfiq Alfaouri
Keyword(s):  
Design Methodology ◽  
Limited Liability ◽  
Secondary Data ◽  
Specific Area ◽  
Case Law ◽  
Scholarly Work ◽  
Main Method ◽  
Content Type ◽  
Long Period ◽  
Piercing The Corporate Veil

Purpose In different recent judgments, the Jordanian Court of Cassation, among many other Jordanian Courts, has found that a limited liability company's shareholder may be held liable in addition to the company itself as to claims related to the company's debits and different obligations. While the aforementioned approach does constitute a departure from the well-established former approach that the same Court has followed for a long period, the Court have unsurprisingly brought up different interpretations to the insufficient provisions that the Jordanian Companies' Law no. 22 of the year 1997 does contain pertaining this specific area of law. Accordingly, this paper aims to attempt to point out and critically examine the aforementioned Courts' decisions and law provisions to demonstrate the extent to which limited liability companies in Jordan are truly limited in liability and whether such Courts have pierced the corporate veil for adequate reasons. Design/methodology/approach To examine the extent to which limited liability companies in Jordan are truly limited in liability, this work uses the most relevant secondary data available in this relation as the main method to complete such examination and this shall include different interrelated law provisions, case law and jurisprudence. Through critically analyzing and comparing such data, this work will identify the problems connected to this specific area of law and accordingly proposes different recommendations and conclusions. Findings This work submits that the aforementioned Courts and Legislator have not dealt with such a matter in an adequate and comprehensive manner and that they should have addressed this area of law in a different and more specific way. Furthermore, this work argues that while the reasons behind the Courts' decisions shall be respected, the distinct characteristics that brought up limited liability companies into practice shall be also respected and left intact. Originality/value Taking into consideration the recent different approach followed by the Jordanian Courts to this specific area of law, and as far as the author is aware, it would not be surprising to say that there is no comprehensive and updated scholarly work which has either examined such an issue or addressed its implications from technical and legal standpoints. This paper receives its originality and value from being the first work that examines and addresses such important matter.

Articles 51 and 54 of the Jordanian Arbitration Act

2018 ◽  
Vol 17 (3) ◽  
pp. 103-114
Author(s):  
Kamal Jamal Alawamleh ◽  
Ali Mohamed Aldabbas ◽  
Omar Husain Qouteshat
Keyword(s):  
Dispute Resolution ◽  
Design Methodology ◽  
Secondary Data ◽  
Constitutional Court ◽  
Scholarly Work ◽  
Main Method ◽  
Content Type

Purpose On two different occasions, the Jordanian Constitutional Court has ruled that Articles 51 and 54 of the Jordanian Arbitration Act no. 31 of the year 2001 are unconstitutional and null. In view of this, this paper aims to attempt to give the reader a brief preview of the Jordanian Arbitration Act, the Jordanian Constitution and the Jordanian Constitutional Court. It also highlights and critically analyzes the Jordanian Constitutional Court two decisions pertaining to the Arbitration Act and its special implications in this regard from the perspective of arbitration law and the distinct characteristics embedded in it. Design/methodology/approach To examine how effective is the approach followed by the Constitutional Court in ruling the unconstitutionality of the aforementioned Articles, this work makes use of the primary and secondary data available in this regard as the main method to complete such an examination. By critically analyzing and comparing the various data contained in these sources, this work identifies the problems associated with such decisions. Findings This work submits that while the Constitutional Court has rested its rulings largely on constitutional principles, concerns arising from the Arbitration Act perspective have not been dealt with adequately by the Court. Furthermore, it argues that while the principles of the constitution shall be respected, the distinct characteristics of the arbitration law warrant a more careful approach than actually followed by the Court. Originality/value Taking into consideration the importance of arbitration as an alternative mean for dispute resolution, the Jordanian legislator has addressed the application of arbitration as early as the year 1953. However, while the Constitutional Court’s questionable approach to the aforementioned articles would necessarily hinder the use of arbitration, no comprehensive scholarly work has either examined such approach or addressed its implications. Accordingly, this work derives its originality and value from being the first of its kind to examine and address such a matter.

Fraud in the documents and the underlying contract in letters of credit under Jordanian and English law: a new prerequisite?

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kamal Jamal Alawamleh ◽  
Shadi Helo Abu Helo
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Specific Area ◽  
Main Method ◽  
Content Type ◽  
Letter Of Credit ◽  
Important Principle ◽  
English Law ◽  
Fraud Exception ◽  
Letters Of Credit

Purpose This study aims to examine the application of the fraud exception to the autonomy principle that governs the work of letters of credit in both Jordanian and English law. While it has been reiterated that the application of such exception before the English courts is difficult, this study highlights and critically analyzes some of the reasons that lie behind such a difficulty. Moreover, this study compares the English approach with the Jordanian approach to this specific area of law to find out what each can benefit from the approach of the other. The extent to which both approaches have been successful in applying such an exception will be examined thoroughly in this paper. Design/methodology/approach To examine how effective is the approaches followed by the English and Jordanian Courts in applying the fraud exception in this context, this work makes use of the secondary data available in this regard as the main method to complete such an examination. By critically analyzing and comparing the various data contained in these sources, this work identifies the problems associated with such approaches. Findings This work suggests that while the autonomy principle in letters of credit has what shall maintain its role as an important principle, the fraud exception application shall be facilitated. It further submits that the English Courts attitude to this specific area of law is somehow ambiguous and intertwined as it does not distinguish between two different stages that are existent in this context, namely, the submission of the documents stage “the prerequisite” that in case of submitting genuine, truthful and complying documents would activate the autonomy principle and the following stage which starts after activating the autonomy principle and which to it a fraud exception can be applied. Originality/value This work proposes that a beneficiary of a letter of credit shall satisfy a prerequisite before it can be said that he is protected under the autonomy principle. Such a prerequisite dictates that he shall submit genuine, truthful and complying documents to activate the autonomy principle and once the beneficiary submits such documents it can be said that the autonomy principle, which fraud is an exception to it, has been activated. Furthermore, this work proposes that English Courts shall adopt an approach similar to the Jordanian approach in relation to the application of the fraud exception, whereas the latter requires proving neither the beneficiary’s fraudulent intent nor his knowledge of it but rather applies a more realistic test concerned merely with the goods’ quality and quantity.

Blockchain in your grocery basket: trust and traceability as a strategy

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ghassan Yacoub ◽  
Maria Castillo
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Structured Interviews ◽  
Firm Level ◽  
Content Type ◽  
Blockchain Technology ◽  
Business Application ◽  
Secondary Data Sources ◽  
Increasing Demand

Purpose The purpose of this paper is to gain insights and explicate how blockchain technology enables trust and traceability building from a real business use case. Design/methodology/approach The authors conducted a qualitative case study of a leading global French grocery retail firm that has started to integrate blockchain into their supply chain and products. Data was collected through semi-structured interviews and secondary data sources. Findings This paper developed a conceptual framework in unboxing the mechanism by which blockchain enables trust and explicating how information flows in a blockchain-based system compared to a traditional one in a real business application scenario through three main elements, namely, system architecture, data recovery and communication. Originality/value Given the upside potential of emerging technologies such as blockchain coupled with the current increasing demand for business use cases, the paper is timely in integrating the business and technological aspects of trust in formulating a firm-level blockchain strategy.

scholarly journals COVID-19 policy responses: reflections on governmental financial resilience in South Asia

2020 ◽  
Vol 32 (5) ◽  
pp. 825-836 ◽  
Author(s):  
Bedanand Upadhaya ◽  
Chaminda Wijethilake ◽  
Pawan Adhikari ◽  
Kelum Jayasinghe ◽  
Thankom Arun
Keyword(s):  
South Asian ◽  
Design Methodology ◽  
Secondary Data ◽  
Policy Implications ◽  
Government Officials ◽  
Short Term ◽  
Individual Country ◽  
Content Type ◽  
Policy Responses ◽  
Secondary Data Sources

PurposeFirst, the paper examines the short-term fiscal and budgetary responses of the South Asian governments to the COVID-19 pandemic. Next, it brings out the implications of such responses, focusing on India, Nepal and Sri Lanka.Design/methodology/approachThe paper is based on multiple secondary data sources, including the viewpoints of experts and government officials. Data are analysed using the ideas of financial resilience.FindingsSouth Asian governments' response to the pandemic shows a gap in understanding the magnitude of the problem and in developing financial resilience. This paper points out the importance of avoiding austerity, becoming more cautious in accepting lending conditions, rethinking public sector accountability and revitalising mutual collaboration through SAARC for developing financial resilience, both at individual country and regional levels.Originality/valueThe study offers some insights on policy implications for South Asian governments in terms of building financial resilience to deal with future crises.

Multiple marketing plans: an analytical template

2016 ◽  
Vol 31 (4) ◽  
pp. 519-530 ◽  
Author(s):  
Lindsay Meredith
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Network Systems ◽  
Main Method ◽  
Content Type ◽  
Stakeholder Groups ◽  
Purposeful Sampling ◽  
Negative Attribution ◽  
Diverse Groups ◽  
Business To Business

Purpose The purpose of this paper is to introduce a template to guide practitioners in the creation of multiple marketing plans that are intended to target different groups of stakeholders – some of whom are supportive, others adversarial, namely, the business-to-business (B2B) marketer’s agenda. Design/methodology/approach The methodology involved a combination of purposeful sampling, real-time participatory observation, action research and secondary data analysis. The main method of this research is analytical and conceptual with the objective of identifying the diverse groups of stakeholders with whom business marketers must interact. Findings In cases where multiple marketing plans were used for different stakeholder groups, B2B firms encountered lower levels of negative attribution from social network systems, mass media and subsequently public and governmental stakeholders. Originality/value This paper suggests the need for multiple marketing plans that target not only supportive customers but also neutral and adversarial stakeholders who represent a source of negative attribution because they have the potential to derail or even destroy the B2B firm’s marketing agenda. It is suggested that practitioners must also address those stakeholders who distrust or even dislike their firm and its marketing objectives.

Transnational migrant entrepreneur characteristics and the transnational business nexus

2019 ◽  
Vol 25 (5) ◽  
pp. 1014-1044
Author(s):  
Sandra Milena Santamaria-Alvarez ◽  
Maria Angélica Sarmiento-González ◽  
Luis Carlos Arango-Vieira
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Personal Characteristics ◽  
Developed Countries ◽  
Content Type ◽  
Organic Growth ◽  
International Operations ◽  
The Usa ◽  
Secondary Data Sources ◽  
Depth Interviews

Purpose The purpose of this paper is to analyze the characteristics of Colombian migrants’ transnational businesses (TBs) and their operations. To this end, the characteristics of the entrepreneurs, their businesses and the patterns of their international operations are discussed and compared. Design/methodology/approach The paper analyses 14 cases developed from data from in-depth interviews with the same number of Colombian entrepreneurs who migrated to the USA. Similarly, the analysis includes secondary data sources. Findings TBs created by Colombian transnational entrepreneurs (TEs) aim to be successful through the best use of the resources of each market, allowing them to produce with lower costs and better quality in their country of origin while selling in more developed countries, such as the USA (their country of destination). The operations of those businesses are limited by their financial resources, small and fragmented networks, and their organic growth. The personal characteristics of the TE and their business comprise a nexus that helps to overcome business shortcomings. Originality/value The paper contributes to entrepreneurship, migration and international business literature by illuminating the nexus between the personal characteristics of the TE and the unique characteristics of their business, including the analysis of their international operations. Likewise, considering the characteristics of the context under study, the paper presents findings that are interesting for countries with similar social and economic difficulties.

scholarly journals Restrict, clean and protect: signaling consumer safety during the pandemic and beyond

2020 ◽  
Vol 31 (6) ◽  
pp. 1185-1202 ◽  
Author(s):  
Liliana L. Bove ◽  
Sabine Benoit
Keyword(s):  
Design Methodology ◽  
Service Providers ◽  
Signaling Theory ◽  
Secondary Data ◽  
Future Research ◽  
Risk Of Infection ◽  
Content Type ◽  
Consumer Safety ◽  
Secondary Data Sources ◽  
Safety Signals

PurposeSince the outbreak of the COVID-19 pandemic, customers fear for their health when interacting with service providers. To mitigate this fear service providers are using safety signals directed to consumers and other stakeholders who make organizational assessments. The purpose of this article is to synthesize the range of safety signals in a framework that integrates signaling theory with servicescape elements so as to provide guidance for service providers to assist in their recovery.Design/methodology/approachThe authors extracted examples of how service providers signal safety to their consumers that the risk of infection is low in exchanging with their service. These examples were taken from secondary data sources in the form of trade publications resulting from a systematic search and supplemented by an organic search.FindingsIn total 53 unique safety signals were identified and assigned to 24 different categories in our framework. Most of the signals fell into the default and sale independent category, followed by the default contingent revenue risking category.Originality/valueThis study builds on signaling theory and service literature to develop a framework of the range of safety signals currently in use by service providers and offers suggestions as to which are likely to be most effective. Further, a future research inquiry of safety signals is presented, which the authors believe has promise in assisting recovery in a post-pandemic world.

The “Halalification” of tourism

2017 ◽  
Vol 8 (4) ◽  
pp. 558-577 ◽  
Author(s):  
Faiza Khan ◽  
Michelle Callanan
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Market Segment ◽  
Analysis Method ◽  
Review Of Literature ◽  
Primary Research ◽  
Content Type ◽  
Starting Point ◽  
Practical Implications

Purpose The purpose of this paper is to address the confusing use of terminology associated with tourism undertaken by Muslims and to identify key concerns associated with this type of tourism. Design/methodology/approach This is an exploratory study and adopts a critical review of literature following the evolutionary concept analysis method. Content analysis of popular UK media, UK-based tour operators’ websites and tourism strategies of destinations popular with Muslim tourists were conducted to examine the use of terminology. Findings There is no clear difference between the various terms (halal, Muslim friendly, Islamic, etc.) used. Overall, academia uses the term Islamic tourism, while the industry and media use various terms. Among destinations, however, there is no clear and consistent use of terminology. A key concern of Islamic tourism is the role of certification in assuring travellers and the lack of standardisation of halal certification. Research limitations/implications The paper is based on literature review and secondary data analysis. It lacks primary research. Practical implications This study highlights the need for consistent use of terminology across industry. Another implication is the issue surrounding halal certification of food and the importance of trust in the seller/service provide. Another trend that industry providers need to consider is the growth of the Muslim millennial traveller and the needs of this market segment. Originality/value The paper highlights the importance of studying the Muslim tourist market and provides a starting point for further research. It highlights several issues such as the need to develop a typology of Muslim tourists. Of particular interest is the concern whether halal values in danger of being commodified in the absence of a universal agreed criterion for halal certification.

Episodic supply chains at times of disruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Christina Öberg
Keyword(s):  
Supply Chain ◽  
Additive Manufacturing ◽  
Supply Chains ◽  
Design Methodology ◽  
Secondary Data ◽  
Transformational Change ◽  
Content Type ◽  
Metal Additive Manufacturing ◽  
Contemporary Technology ◽  
Metal Additive

Purpose Additive manufacturing has been described as converting supply chains into demand chains. By focusing on metal additive manufacturing as a contemporary technology causing ongoing disruption to the supply chain, the purpose of this paper is to describe and discuss how incumbent firms act during an ongoing, transformational disruption of their supply chain. Design/methodology/approach Interviews and secondary data, along with seminars attracting approximately 600 individuals operating in metal additive manufacturing, form the empirical basis for this paper. Findings The findings of this paper indicate how disruption occurs at multiple positions in the supply chain. Episodic positions as conceptualised in this paper refer to how parties challenged by disruption attempt to reach normality while speeding the transformational disruption. Originality/value This paper contributes to previous research by theorising about episodic positions in light of a supply chain disruption. The empirical data are unique in how they capture supply chain change at the time of disruption and illustrate disruptive, transformational change to supply chains. The paper interlinks research on disruption from the innovation and supply chain literature, with contributions to both.

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