Compare and contrast the arbitration laws of two countries Essay Example for Free

Compare and contrast the arbitration laws of two countries Essay The significant increase in the role of international trade in the economic development of nations over the last few decades has been accompanied by a considerable increase in the number of commercial disputes as well. Today rapid globalization of the economy and the resulting increase in competition has led to an increase in commercial disputes. At the same time, however, the rate of industrial growth, modernization, and improvement of socio-economic circumstances has, in many instances, outpaced the rate of growth of dispute resolution mechanisms Keeping in mind the broader goal of exploring links between the quality of legal performance, this assignment is an attempt to critically evaluate arbitration in India as a legal institution and to judge the growth and development of the same and to see the exact footing of India in the international front a simultaneous comparison of the arbitral laws of USA to that of India has also been made. In this assignment, the evolution of arbitration law and practice in India has been explored. This assignment is divided into three parts Part 1 explores the evolution of Arbitral laws in USA and India, the underlying idea behind this is to see the process through which arbitration came into being and how the old is the law and its due development in the respective countries. Part 2 explores the present arbitral laws in light of The Federal Arbitral Act and The Arbitration and conciliation Act. Part 3 compares the laws and arbitral process in India with that of USA this part shows the similarity and distinction of the laws in both the countries and also highlights the common meeting point of both the laws. HISTORY OF ARBITRATION LAW IN UNITED STATES OF AMERICA Native Americans used arbitration as a means of resolving disputes within and between tribes long before Europeans journeyed to America’s Atlantic shores.However the use of arbitration was introduced in America by the revolutionary war by the colonists who had had business experience in Europe. The use of arbitration in the ports of Europe was already known at that time among maritime and trade businesses. The experience of arbitration as a means of dispute resolution which minimized conï ¬â€šict and allowed continuation of the business relationship was brought to Atlantic by the people coming to live and work in North America. In England, arbitration is a much older concept than the common law system, which the United States courts later adopted. In fact, in England arbitration was used as a common means of commercial dispute resolution from as long as 1224. George Washington, the first President of USA incorporated an arbitration clause in his will that basically stated that, ‘ if any dispute should arise over the wording of the document that a panel of three arbitrators would be implemented to render a final and binding decision to resolve the dispute.’ In the ï ¬ rst decade of the 20th Century, several major trade groups applied arbitration beneï ¬ ts of simplicity, speed and minimal enmity. When New York’s The Association of Food Distributors, Inc. (originally known as the Dried Fruit Association of New York) was formed, its bylaws included an arbitration panel for the resolution of disputes. This was done to reduce the risk that its disagreeing members in case of any dispute and after its settlement would find ,themselves unable to resume their business relationship.1 Until the early 1920s, the only law governing arbitration proceedings in the United States came from court decisions, some dating made in the cases in17th and 18th Centuries. In 1925, The Federal Arbitration Act was enacted. It was a recognition of the several beneï ¬ ts of arbitration and it thereby established a national policy which promoted arbitration.It was initially designed to overcome the judicial hostility that was existing towards arbitration which had evolved from the English courts. With the increasing industrialization and growth and development the reluctance of people to adopt arbitration decreased. With the rise in number of disputes mainly involving â€Å" a transaction of commerce† AMERICAN ARBITRATION ASSOCIATION was established by Moses Grossman in 1926 and an era of Alternate Dispute Resolution was started by Charles Bernheimer2 . The National Labour Realtion Act passed in 1930 marked the a steep rise in the concept and usage of Arbitration in USA. The second woeld war was the turning point for arbitration law in America the economic depression and arising conflict led to more and more dispute settlement by means of arbitration by the War Labour Board. A major milestone regarding Arbitration Law was Achieved in the 1970 when when the Uniform Convention on the  Recognition and Enforcement of Foreign Arbitral Awards (The New York Convention)3 became law in the United States by the addition of Chapter 2 to the Federal Arbitration Act.This convention is still effective and provides for International Arbitration Awards which is considered to be more reliable and consistent than the existing court judgement framework in the country. Bibliography LINKS REFERRED: Alternative dispute resolution Wikipedia, the free encyclopedia Development and Practice of Arbitration in India Has It Evolved as an Effective Legal Institution? – CDDRL www.uniformlaws.org/shared/docs/arbitration/arbpswr.pdf www.kaplegal.com/upload/pdf/arbitration-law-india-critical-analysis.pdf www.williamwpark.com/documents/Arbitral Jurisdiction IALR.pdf Conflict resolution research Wikipedia, the free encyclopedia www.utexas.edu/law/centers/cppdr/portfolio/2010 Symposium/Stipanowich New Litigation Final.pdf www.kaplegal.com/upload/pdf/arbitration-law-india-critical-analysis.pdf unctad.org/en/Docs/edmmisc232add38_en.pdf STATUTES REFRRED: The Abitration and Conciliation Act 1996 The Federal Arbitration Act 1925 United States Arbitration Act The Arbitration and Conciliation Act 1940

Sade animates Newtonian virtue :: French Literature Papers

Sade animates Newtonian virtue Sade integrated 18th century French materialism into his work at a such an elemental level that it is no exaggeration to say, as we will show here, that his pornography dramatises it directly. I will further argue that there is a strongly moral tone to his materialism : that characters are expected to practise what they preach, and to believe in their value system. The last part of my paper will look at how the opposing value system, Christianity, is satirised through the figure of Justine and that of the passive victims in general. Sade was an atheist, a Lockean sensationist and a materialist; he avidly read Diderot and d’Alembert’s Encyclopà ©die and the writings of the philosophes d’Holbach, Robinet, Condillac, La Mettrie and Buffon. He littered his works with references both tacit and explicit to the philosophes and passionately espoused what he saw as their cause. Their thinking was crucial to the construction of his own Å“uvre, and as he commented himself on his writing practice, â€Å"que veux-tu qu’on fasse sans livres ? Il faut en à ªtre entourà © pour travailler, sinon on ne peut faire que des contes de fà ©es, et je n’ai pas cet esprit-là  .† [what am I supposed to do without books ? You have to be surrounded with them to work, otherwise you can only do fairy-stories, and I’m not that way inclined]. I hope to show here just how close his own work was to the materialism of the philosophes. The Encyclopà ©die itself advocated a close expository relationship between science and literature. The article â€Å"Lettres† explains that: â€Å"†¦ les lettres et les sciences proprement dites, ont entr’elles l’enchainement, les liaisons, et les rapports les plus etroits; c’est dans l’Encyclopà ©die qu’il importe de le demontrer.† [literature and science are linked by the closest contact and relationship; it is up to the Encyclopà ©die to show that this is the case]. This assertion is of course based on the belief that science and literature are or should be about the same thing, that is to say, they are about life and nature. Life and nature, in the Encyclopà ©die, mean matter in all its various forms. Matter was defined by the Encyclopà ©die as a â€Å"substance à ©tendue, solide, divisible, mobile et passible, le premier principe de

The Role Technology Plays in Today’s Society

After the Industrial Revolution, human beings came to a new era, which has brought about a drastic change to the whole world in all aspects of life, noticeably in the technological field, whose progress has been by leaps and bounds, and made what formerly believed impossible become a possible. It is obvious that there is a rush toward modern technology for teaching as well as learning nowadays. Learners, especially students have been very quick at embracing technology as the means to reach the most up-dated information in order to open themselves to the world as well as to see how the world touches them.Technology is used to enhance human beings physically and intellectually, however many people is discovering that that technology is a two-edged sword; the benefits are equally balanced by the downsides. It is said that particular jobs will inevitably disappear as a result of technological advancements threatening the importance of the job. Today, many jobs such as ATMs replace bank t ellers, answering machines replace operators, and insightful descriptions of the product on Internet shopping sites replace salesmen.Many have considered the downsides to technology and decided that IT advancements are not all beneficial to society. Even though machines and technology have replaced the jobs that were once done by human beings, the jobs have not been eliminated; they are merely changed in a way that humans no longer carry on the task. Technology has also changed jobs in a way so that it makes it easier to human beings to do their work. An example is how humans exploit the usefulness of machines to mass-produce products and food.Engineers are also hired to develop ways in order to enhance the already existing technology. Despite social issues surrounding the idea of computers replacing humans, many people would agree that if a job is taken over by a machine that is incapable of independent thought, the job is not suitable for a human being who have the ability to do s o. Technology helps eradicate useless jobs and decreases labor costs, but it also creates new jobs. An example of this is the manufacturing of the actual technology and the computer specialists hired to put the technology to use.In our never-ceasing quest for progression and expansion, it seems taken for granted that technological advancement is a positive phenomenon. Amidst the hysteria, however, lies the forgotten fact that the latest development is not necessarily what is best for society. We are encouraged to believe that faster, more complex and superior technology will be beneficial to us in some way. Technology has many positive aspects but, in the wrong hands, it can become dangerous.Technology is a valuable tool but is somewhat misused by today’s teens. The two main forms of technology affecting teenagers – cell phones and the Internet – have brought about major changes in our lifestyle. This technology has allowed teens to have inane communications and in doing so, contributes to the ‘dumbing down’ of society. We spend more time corresponding with our friends on cell phones and the Internet than we do working or participating in activities which expand and challenge

Avoiding Scholarship or Grant Schemes Essay example

Avoiding scholarship or grant scams can be as simple as the student makes it. The internet is a powerful tool for business, so students cant just avoid it because of a few crooks or conmen even if they do seem like theyre behind every pop-up window and banner ad. When looking for scholarship or grants it is difficult to avoid scams so students need to avoid applications that require fees and personal identification numbers. Its not that hard, students just have to look out for the warning signs. They must keep in mind that these warning signs, of course, are only for a handful of the frauds and scams out there. Conmen are good at what they do, trying to separate students and consumers from their money. Most of these warning signs†¦show more content†¦Students only usually need to hand out some of this information when they have received the scholarship or grant. This is only because most scholarships are taxable because they look at it as a source of income, but when the y go file for taxes they can more than likely get it written off for educational purposes. There are a few other simple warning signs that students and consumer must keep in mind. For example if the organization sounds like a non-profit but has no traceable history. This means that the organization sounds like its not getting a profit but probably is . Also consumers or students cant check it out and see because they have no traceable history. Basically like the site or organization doesn’t really exist they just want them to feed them personal information so they can take their money. If the organization claims it will handle all their scholarship applications for them this should be a warning. Never trust anything that seems too good to be true. All in all, scams are easy to avoid. Now that the warning signs are out there, avoiding scams and conmen should be easier. 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