Practical Arbitration Issues - UK Essay Example | Topics and Well Written Essays - 1500 words

Practical Arbitration Issues - UK - Essay Example Preliminary Preparations Before the disputing parties appoint an arbitrator, one party has to provide a written request for arbitration to the respondent through an arbitration notice3. The arbitration process is assumed to begin at the point where a third party is appointed as arbitrator by agreement of the disputing parties. Having received a letter signed by two disputing parties appointing an arbitrator, it must be noted by the two parties that the arbitration process has formally begun. The parties to the dispute should be aware that the purpose of arbitration is to find a fair resolution of the contention without unnecessary expense or delay4. The parties should further be aware that they have the freedom to agree on how resolutions will be arrived at subject to the legal demands of public interest. Yet again, the parties must be aware that any court of law will not intervene in the arbitration process unless in the case of special appeal5. The arbitration process will begin by the summoning of the parties in dispute for the purpose of confirming their identity and status in relation to the matter in dispute. In order for the arbitrator to be adequately acquainted with the matter or terms of the development contract, the parties will have to submit a copy of the notice of arbitration and confirm that the process of appointing the arbitrator was valid. Furthermore, the parties will have to serve the arbitrator with the original (development) contract for inspection6. It is important that the jurisdiction of the arbitrator is clearly outlined in the early stages of the process. In this case, the arbitrator should reserve the right to rule substantively on their personal jurisdiction. Any objections that arise in respect of the arbitrator’s jurisdiction should be dealt with in line with the law as set out by the Arbitration Act7. In order for the process of arbitration to be effective, the parties must be able to hold meetings and make presentations. The parties in dispute will have to agree on the venue or seat of the arbitration8. The arbitrator, on their own judgement, may choose a seat in the event that the parties fail to agree on a particular seat9. Furthermore, it should be made clear that the statutory laws that will apply during the arbitration. In the case of residents in the UK, the Law of England and Wales may apply. Once the seat has been decided, a date should be set for the commencement of the arbitration, subject to the agreement of the relevant parties. While there are laws that will apply during the arbitration, it is important for the arbitrator to set out specific rules, in writing, that will apply in the process10. These terms and conditions will include elements related to the arbitrator’s independence, compensation, fines, and prohibition of ex parte communications of the parties with the arbitrator on the matter being arbitrated except for administrative purposes. These terms and conditions will be consented to and signed by the parties. The items in dispute will then be identified with both parties presenting their cases. At this point, any important issues related to the matter should be raised by the parties. In addition, arbitrator will identify and record the main contentious issues as well as issues that are contested to by both

Financing, Liberal Arts, and Equity Assignment Example | Topics and Well Written Essays - 1000 words

Financing, Liberal Arts, and Equity - Assignment Example I would also describe the curriculum I want to teach in future and how? Then I will discuss the problems I have faced as a professional teacher. In the end, I would like to state a detailed conclusion to give a clear picture of America’s education system as well as challenges of this system and what measures should be taken in order to transform it to the world’s best education system. Financing, Liberal Arts, and Equity In all the states of America there are many schools that are truly dependent on the taxes from various local groups and one of the main issues we Americans are facing is the uneven distribution of all those taxes. If in future we will be able to solve this key issue then 80% of the financing problems of our schools will be solved. Moreover, in America the allocation of funds for primary and secondary education is only 7 %. This apportion should be more so that the field of education should get a slightly bigger share to accomplish its goals effectively. As per my five years of experience in this field of teaching, I have come across many challenges as a professor. One of them is finance definitely. In order to finance schools in America we can limit a share from everyone’s salary to be collected on the first of each month and delivered to the schools. It would work in this scenario that let us say there is a school in any location. We can gather a small amount from the people’s salary around there and submit it to the school in that location. Once we apply this practice, I am sure we can generate handsome money, each month for the improvement of the school. In my views the last one is the most optimum and easiest way to increase educational funding for all schools in America. Besides financial issues, I have also faced many problems while dealing with students and their parents. I must say that there is a proper mechanism that should aware students regarding liberal arts as well. According to Professor Thomas Green ( Few Years Back), â€Å"We are born into the world, but we are educated into the possession of our powers for the exercise of intellect, emotion, imagination, judgment, memory, observation and action....† A scientific study gives a scientist to a society; study of arts produces an artist but studying liberal arts makes you a learner for the rest of your life. Liberal Arts actually unshackle your mind to study whatever you want to study in a precise manner, whether it is science or arts. Studying Liberal Arts makes you a good learner or you can say a life time learner. It makes you a critical thinker so that you can develop the skill of thinking critically for any matter that comes across in your life. It makes you a proficient problem solver as well as an efficient manager so that you can develop excellent managerial skills in yourself. Liberal Arts give the concept of team building and collaborative thinking to solve your issues collectively, no matter whatever you are. Moreo ver, I think studying Liberal Arts is the most efficient way to aware oneself with all the aspects of arts, science and technology. Therefore, in my views, it is a subject that should be given great importance and significance in secondary and post-secondary education because Liberal Arts builds confidence in students as well as teaches them the art