Arbitration

Arbitration Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Arbitration INTRODUCTION The world has come to experience many changes in the way legal systems are evolving. The conventional methods of dispensing justice are being abandoned in favour of faster and more efficient methods of dispute resolution such as arbitration and mediation. The concept of arbitration has risen to prominence as a widely accepted form of dispute resolution between jurisdictions due to its many advantages and wide ranging applicability from commercial transactions to even the most simple of disputes and this can be seen in the fact that the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 has a total of 144 signatories. Mainly due to the cumbersome and lengthy process of litigation, many parties have opted for arbitration as a means of settling disputes due to its many advantages. This thinking behind this research is to critically evaluate the nature of arbitration and attempt to look at it as a veritable and eff icient means of alternative dispute resolution. It seeks to analyse arbitration in an introductory sense and attempt a differentiation between the recognition of an arbitral award and the enforcement of the award. It will attempt to look at the requirements under the various conventions for enforcement to be possible and then critically examine the grounds for non-enforcements under the conventions especially the New York convention of 1958. The methodology to be adopted by this research will be of a critical and comparative nature. Reviews of diverse literatures on the subject of this essay from one chapter to another will be carried out and in achieving the aim of this essay; diverse sources will be made reference to, including, international human rights instruments, legislations, case laws, books, journal articles, internet articles, general opinions and personal ideas. Particular emphasis will be placed on the New York convention of 1958 as a benchmark for comparism with other existing treaties and conventions on the subject. Chapter One will adopt an introductory approach and try to define the important issues raised in this essay especially the subject of arbitration and the essential nature of an award. It will define the term arbitration and attempt to enumerate the advantages or arbitration and why it has become so popular in regards to settlements of disputes viz a viz other methods of settlement of disputes. It will also differentiate between recognition of an award and the enforceability of an award which is very crucial to the very nature of an award. Chapter two will attempt to look at the requirements for enforcement and the available procedure in the New York convention and also attempt to do a comparative analysis between different jurisdictions to see the existing requirements for enforcement. Chapter three will focus on the major part of this work which will be the grounds for non-enforcement and recognition of an award under the New York c onvention of 1958 under Article 5(1) and Article 5(2) and other treaties. This will be considered in detail and a comparative analysis will be attempted to ascertain if this defences are strictly adhered to in certain jurisdictions.

The homework Debate Essay Example | Topics and Well Written Essays - 1000 words

The homework Debate - Essay Example The article surveys the negative and positive aspects of homework. Sharryn Brownlee quotes that a punitive or tedious approach to homework limits the appropriateness of homework. The paramount reason not to subject those children to homework is that they require sufficient time to relax and take their thoughts of the classroom environment (Lindner, 2005, pp.67-76). The burden of having to complete homework every single night is quite overwhelming for most children. Consequently, they need adequate time to refresh their minds and bodies. In addition, homework tends to condense the available amount of time that children could be spending with their relatives. Kathy Walker, an early childhood expert, maintains that the superlative assignment in early years of school is having family time (Walker, 2007, pp.97-106). Walker further argues that playing together, enjoying books and talking together is better than piled up homework. Walker suggests that Family time is explicitly imperative to a growing child (Walker, 2007 pp.102-107). Absence or limited interaction with one’s family may lead to social problems that may eventually crop up. As a result, inadequate family time spending compromises the family unity. Thirdly, homework can source conflict and misunderstandings between students, teachers and parents. According to Kidwell 2004, disagreements may arise when students fail to do their homework and hence to bring about strains in families (pp.126- 134). Alfie Kohn upholds that homework is total agony and no gain (Kohn, 2007 pp.123-129). In his manuscript The Homework Myth, Kohn contends that no study has invariably found an association between homework and academic accomplishment in school. Kohn asserts that there is a minute reason to believe that homework is essential in high school. Kohn maintains that homework may reduce interest in learning. According to Jongsma 2011, a lot of homework can inspire cheating because children end up copying one another

Explore the types of work products relevant to assessment of Essay

Explore the types of work products relevant to assessment of Capability Level 2 in the Software Requirements Analysis Process - Essay Example In the capability dimension, six capability levels and nine corresponding process attributes are defined. These are presented in Table 2.1. The measurement for all process attributes is done on a four-point scale. The process dimension of this framework classifies the processes into Process categories and groups. Software Requirements Analysis is a part of the Software Implementation Process (DEV) within Software Life cycle Processes. Table 2.1: ISO/IEC 15504 – Process Capability Levels & Process Attributes Level Number Level Name Process Attribute Number Process Attribute Name 0 Incomplete Process - - 1 Performed Process 1.1 Process Performance 2 Managed Process 2.1 Performance Management 2.2 Work Product Management 3 Established Process 3.1 Process Definition 3.2 Process Deployment 4 Predictable Process 4.1 Process Measurement 4.2 Process Control 5 Optimizing Process 5.1 Process Innovation 5.2 Process Optimization 3. Software Requirements Analysis Process – Purpose & Outcomes The purpose of this process is to identify and establish the requirements for the software elements of the system. As an outcome of successful implementation of this process the accuracy and testability of software requirements is established. It is made sure that the software requirements are consistent and in line with system requirements. The priorities of the requirements are established and their impact on cost and effort estimates is analyzed (ISO/IEC FDAM 15504-5: 2011, p.72). 4. Basic work products for Software Requirements Analysis Process This section details the work products required for Software Requirements Analysis Process, their justification, characteristics and outcomes (ISO/IEC FDAM 15504-5: 2011, ISO/IEC 15504-2:2003). I. Contract Contract implies an agreement between two parties (internal or external to the organization) regarding the scope of deliverables, time required to deliver them, statutory considerations, cost of delivery, service level agreemen ts, performance evaluation criteria, review and approval procedure. A contract is required for software requirements analysis process so that the scope of the requirements to be identified is frozen to prevent any issues later. Contract is the most important document for ant stage or project and is also referred as SOW (Statement of Work) in some cases. As an outcome of this work product, the organization would be to chart its project plans. II. User Documentation User documentation is in fact required at every stage of software development process. But it is very critical for Software Requirements Analysis process because it acts as a basis for other processes. This documentation would be referred in design, development and testing phases significantly. Documentation could include both internal as well as external documentation. III. Plan A plan is essential at every stage of software life cycle process but becomes very vital for requirements analysis phase. Plan consists of object ives, scope, assumptions, constraints, risks, milestones, deliverables, methods, resources and schedules involved in requirements analysis. There may be a large overlap between contract and plan. Whereas a contract is generally between two parties, a plan may not be shared with the other party. IV. Policy Policy is a set of rules or