Critically analyse whether courts too readily intervene in the Research Paper

Critically analyse whether courts too readily intervene in the international commercial arbitration process, so that party autonomy is qualified - Research Paper Example that they want to settle their matter in way that is alternative to the courts, and, by agreeing to an arbitration clause, the parties have explicitly rejected the courts jurisdiction. This can occur for any number of reasons, including the unacceptability, unsuitability and the inappropriateness of the court. Whatever the reason, arbitration clauses make clear the parties intent, and this intent is to not litigate their dispute. 3 The arbitral tribunal has the responsibility in disposing of all matters that are subject to dispute.4 Therefore, court intervention in these matters is potentially problematic, and can even be said to be contrary to the parties intentions. Yet, courts routinely get involved in matters that are set to be resolved by arbitration. Although there are some advantages to court intervention, there are significant disadvantages as well. For one, court intervention introduces the complications that arbitration is designed to avoid – it makes arbitration expensive, lengthy, and less efficient. Arbitration challenges â€Å"result in parallel proceedings, create potentially lengthy appeals, and require parties to retain local counsel at the seat of arbitration.†5 Moreover, according to at least one commentator, court intervention is usually only seen when emotions are high,6 which means that court intervention would tend to have even more of a deleterious affect on arbitration proceedings. There are a variety of reasons why courts get involved, and the forms of court involved are also varied. At base, courts cannot be completely excluded from the arbitration process because they are required to enforce arbitration agreements and awards, and need to police and support the arbitration process with international standards.7 The power that the courts have in the arbitration process may be categorised as powers of assistance, powers of intervention, powers of supervision or control, and powers of recognition and enforcement.8 The courts

Political Act Essay Example | Topics and Well Written Essays - 1000 words

Political Act - Essay Example He resigned the Yugoslav presidency amid demonstrations, following the disputed presidential election of September 24, 2000. (wikipedia.com). He surrendered to the JSO (an elite group of police in Serbia), to avoid forced arrest in April 1, 2001. This put in compliance with an American deadline. The warrant had previously been made on suspicion of corruption, abuse of power, and embezzlement. The charges were domestic. The legitimacy of the arrest was not proven since Milosevic surrender; however putting Milosevic in jail is not legal. The investigation does not have a hard evidence to convict the former president. The Serbian Prime Minister Milosevic act during the war convicted him for committing war crimes. During the Yugoslav war in 1990 and Kosovo war in 1999 he conducted his own defense at the International Criminal Tribunal for the former Yugoslavia, where he stood accused of crimes against humanity, violating the laws or customs of war, grave breaches of the Geneva Conventions and genocide. The decision of the court of not giving him the proper medical treatment is legitimate in the sense that he is convicted of a crime, but the said action is illegal since every person is entitled to have a proper treatment. His trial ended without verdict because he died during the proceedings. He suffered from heart ailments and high blood pressure. In the case of President Milosevic he had made a legitimate act during the war since he is the president; however he violated the laws of war and the Geneva Conventions. The political acts performed by Milosevic are a good example of legitimate act but legal. There are also cases wherein political act is legitimate but it does not necessarily need to be legal. In the case of the American and the British decision to attacked Iraq and engaged into war is legitimate. In the inquiry of people in the website of Noam Chompsky one question goes like this: "Do you think that, after the unjustified and unjustifiable war against Iraq, the world will lose the meaning of its existence, like in the field of language, when we lose the grammatical rules Will we automatically lose the reference of the meaning of sentences, and consequently the meaning of the world around us" Noam answer this question by citing one statement done by a follower of the Iraq war, Michael Glennon, who argues that we should recognize that international law and international institutions are what he calls hot air. They have proven their inapplicability by the fact that the United States disregards them, and he says it is right to disregard them, and the United States must maintain the right to use force as it chooses, independent of these institutions, which we simply have to dismiss and disregard. The act of Americans and British against Iraq has gain criticism throughout the world. But the said act is legitimate. The legality of attacking someone is not being followed especially during the time of war or the need to have a war. In the case of the American President he needs to make decisions depending on the

Computer Systems :: essays research papers

Computer Systems Push a single button and you are connected to the world. It has revolutionized our economy, culture, and lifestyle. It connects you to the world through the internet, where you can check e-mail or read the news. It also allows you to process and store important data and information. When you think of computers you think of a variety of things, such as games, the internet, and e-mail. The computer in our generation serves as a tool to educate and entertain. The technology for computers is growing rapidly, as many companies compete to advance hardware and software. Over the past years, the battle has been between Apple (Macs) and IBM (PCs). While both Macs and PCs make their product to suit the needs of the consumer, they are built differently. Therefore, Apples and PCs have two different strategies when it comes to selling a product. I think the biggest differences are shown in three main categories: design/style, software/performance, and reliability/cost. Apple is known best for their innovative and stylish designs. When you compare Macs and PCs side by side, you can easily distinguish which is which. First, Apple computers are becoming more compact in size. Their new system designs include the display (monitor) integrated with the rest of the computer. The Apple’s iMac is a good example of how compact their systems are becoming. The PC on the other hand, is laid out in separate components such as the display and speakers that you plug into the desktop. Second, Apple computers have a more contemporary look. This has proven to be a great marketing and selling strategy. This new distinctive look makes the computer more appealing to the customer. Macs came out with a variety of translucent colors such as green, blue, and orange. New Apple products are coming out with very clean-looking all white models. PCs, on the other hand, are usually sold in grey or black colors, depending upon the company you buy from. I think Apple intended to make their design more like an appliance, rather than a computer, which looks user friendly and consumer appealing. Third, Apple’s design makes it easy to set up, meaning that you don’t need to connect many cords to operate the system. Easy Set up is a big plus when it comes to buying a computer. And last of all, instead of looking like a box with slots, Apple has designed computers using more shape.

Dark side of technology Essay

The nature of these machines makes it possible for discrimination against ordinary persons. Ordinary persons who may have a predisposition towards certain tendencies could be found out and victimised even though they have yet to commit a crime they have the brain pattern of a criminal. This is the dark side of technology.  More research is needed to determine whether or not there are differences between criminals and ordinary persons. There is room for these tests to be manipulated by either the prosecution or the defence. Which ever team pays for the tests can get the results that they so desire.  Over sensitivity of the machinery needs to be controlled for in the tests in order for their reliability to be increased, and their usefulness enhanced.  More research needs to be done to determine if there are genuine differences between the brains of criminals and ordinary persons.  If the tests are genuinely able to discover differences between criminals and ordinary persons then maybe abnormalities can be controlled for before criminal behaviour is expressed. Deregowski  Depth Cue- Depth cues are (hints, guides, cues) which provide information about the spatial (positioning relative to each other) relationships among objects (three dimensional) in a picture (two dimensional).  Familiar Size- The cue whereby objects, which are further away in the picture, are drawn smaller than objects of the same size which are closer.  Overlap Cue- The effect of a nearer object obscuring parts of a more distant object.  Perspective- This is given by the convergence of lines depicting edges which are parallel in the real world, but which appear to come together as they move into the distance e.g. a railway track. A person using a depth cue will extract a completely different meaning from a picture than will a person who is not using such pictures.  Various drawings of an elephant, an antelope, a person, a tree, a road, some hills and a flying bird were shown.  Empirical Test  The tests are empirical because numeric information was collected. How many persons made different responses e.t.c  These tests involved showing pictures and asking questions.   What do you see?  What is the man doing?  Which is nearer the antelope or the elephant? Methodology The questions were asked in the subjects, native language. This means the results were not affected by confusion resulting from the use of the interviewers language or from translations. They understood exactly what they were being asked.  There was a potential problem with classification. If questions were answered correctly according to western standards it was automatically assumed that they were three dimensional perceivers. This could have impacted upon the results.  The tests may not have been measuring cultural differences as noted but instead, educational and social levels. Evidence for this is provided by persons of better educational and social levels performing better on the tests. Remember children have better access to western culture and education than do adults. Additionally higher educational and social levels provide persons with access to western culture. Deregowski reviewed Hudson’s work and put forward some different opinions. This means the results could have been a consequence of interpretation.  The study includes information from different time periods. The results may have been as a result of this time elapse. For e.g. the info collected from Zambian school children-information was presented from both 1960 and 1972. There culture and circumstances may have changed tremendously during the time elapse.  Adults and children were differentiated. Therefore a comparison could have been made to take into account changes in culture. Note Hudson found that children had higher rates of three dimensional perception than did adults. [note-Deregowski found that both adults and children had difficulties making three dimensional perceptions] Ecological Validity  The Subjects may have been put in artificial categories which were a consequence of the test-three dimensional and two dimensional perceivers.  Persons are not normally required to view pictures under these conditions (circumstances) as existed during the study.  The tests may have been picking up differences in educational and social levels and not culture as was suggested.

Acid Definition and Examples in Chemistry

Biography of Francis R. (Dick) Scobee

Since the Space Age began, astronauts have risked their lives to further the exploration of space. Among these heroes is the late astronaut Francis Richard Dick Scobee, killed when the space shuttle Challenger exploded on January 28, 1986. born on May 19, 1939. He grew up fascinated by airplanes, so after graduating from Auburn High School (Auburn, WA) in 1957, he joined the Air Force. He also attended night school and acquired two years of college credit. This led to his selection for the Airmans Education and Commissioning Program. He received his bachelor of science degree in Aerospace Engineering from the University of Arizona in 1965. Continuing his Air Force career, Scobee received his wings in 1966 and went on to several assignments, including a combat tour in Vietnam, where he received the Distinguished Flying Cross and the Air Medal. Flying Higher He next attended the USAF Aerospace Research Pilot School at Edwards Air Force Base in California. Scobee logged more than 6,000 hours in 45 types of aircraft, including the Boeing 747, the X-24B, the transonic aircraft technology (TACT) F-111 and the C-5. Dick was quoted  as saying, When you find something you really like to do, and youre willing to risk the consequences of that, you really probably out to go do it. So, when he had the opportunity to apply for a position with NASAs astronaut corps, he jumped at it. He was selected in January 1978, and completed his training and evaluation period in August, 1979. Besides his duties as an astronaut, Mr. Scobee was an Instructor Pilot on the NASA/Boeing 747 shuttle carrier airplane. Beyond the Sky Scobee first flew into space as pilot of the space shuttle Challenger during STS-41C on April 6, 1984. Crew members included spacecraft commander Captain Robert L. Crippen, and three mission specialists, Mr. Terry J. Hart, Dr. G. D. Pinky Nelson, and Dr. J. D. A. Ox van Hoften. During this mission, the crew successfully deployed the Long Duration Exposure Facility (LDEF), retrieved the ailing Solar Maximum Satellite, repaired the orbiting Challenger on board, and replaced it in orbit using the robot arm called the Remote Manipulator System (RMS), among other tasks. Mission duration was 7 days before landing at Edwards Air Force Base, California, on April 13, 1984. That year, NASA honored him with the Space Flight medal and two Distinguished Service awards. Scobees Final Flight The next mission was as spacecraft commander of   the shuttle mission STS-51L, also aboard the space shuttle Challenger. That mission launched on January 28, 1986. The crew included the pilot, Commander M. J. Smith (USN) (pilot), three mission specialists, Dr. R. E. McNair, Lieutenant Colonel E. S. Onizuka (USAF),and Dr. J. A. Resnik, as well as two civilian payload specialists, Mr. G. B. Jarvis and Mrs. S. C. McAuliffe. One thing made this mission unique. It was scheduled to be the first flight of a new program called TISP, the Teacher In Space Program. The Challenger crew included mission specialist  Sharon Christa McAuliffe, the first teacher to fly in space. The mission itself was delayed due to bad weather and other issues.     Liftoff was initially scheduled at 3:43 p.m. EST on January 22, 1986. It slipped to the  23rd, then to January 24th, due to delays in mission 61-C, and then to January 25th because of bad weather at transoceanic abort landing (TAL) site in Dakar, Senegal.   The next launch date was January 27th, but another technical glitch delayed that one, too.   The ​space shuttle  Challenger finally lifted off at 11:38:00 a.m. EST.  Dick Scobee died along with his crew when the shuttle exploded 73 seconds into the mission, the first of two shuttle disasters. He was survived by his wife, June Scobee, and their children, Kathie Scobee Fulgham and Richard Scobee. He was later  inducted into the Astronaut Hall of Fame. Edited by Carolyn Collins Petersen.

A Note On Sound Money Amendment - 993 Words

Name: Speikes, Foster D. Date: 2/10/2016 Class: Robert Yowell Sound Money Amendment For as long as money has existed, governments have sought to control its supply for their own benefit. The ancient Romans, for instance, regularly debased their coins so that, by the end of the 3rd century AD, the actual content of silver had declined to less than 5% purity. The debasement of and inflation of the money supply has historically been a tool of governments to expand their power. In conventional economics, which this paper will assume as a positive background in defending the feasibility of a sound money amendment, the result is a redistribution of real wealth from savers to the government, the banking and finance system, and other†¦show more content†¦In other words, schemes of redistribution which are organized to counter the symptoms of government interference in sound money misdirect our focus from a cause (debasement of the currency for government and friend’s benefit at the expense of everyone else) to a â€Å"solution† proposed by the sam e organization which caused the problem! It would be like proposing to solve mob violence by making the Capo di tutti capi police chief. The amendment would therefore be formulated to prohibit government interference in the production of any money supply. All money would be private, with contracts between individual depositors, lenders, banks, and other financial parties being enforced like any other privately agreed contract. This is obviously a political impossibility at the moment, but the contemporary global socioeconomic order is poised for massive reforms in the wake of a collapse of the financial system and/or political revolutions. The regular operation of the global financial order is so thoroughly corrupted by government interference that all three political cultures would be able to agree that a sound money amendment would be an improvement. Individualists would be pleased that restrictions on the financial autonomy of individuals, communities, and other organizations wou ld be removed. At present, financial options for individuals and organizations are substantially restricted due to an