International Agreement of two companies Coursework

International Agreement of two companies - Coursework Example The decision of arbitrator is binding and easy to implement. CheapStock Corporation and George Limited are engaged in an agreement for five years. According to the contract, the involved parties should ask for arbitrator’s involvement if there is some dispute or disagreement. George Limited soon after a year wanted the termination of the agreement, which is regarded as a violation of the agreement by CheapStock due to which, suitable arbitration process is required. This paper includes a number of laws related to breach, termination of agreement and arbitration. Basis of Arbitration Arbitration is consensual: Arbitration process can be implementable if both parties agreed on it. In order to resolve the issues through arbitration, the parties at the time of agreement includes arbitration clause in it. The parties in disputes may refer the matter to arbitrator by submission of agreement executed between them. No one can withdraw from arbitration unilaterally1. The parties choose the arbitrator: Under the Arbitration rules parties can chose sole arbitrator to settle the disputes. Arbitration is neutral: The applicable law, language and venue of the arbitration is utmost important. Arbitration is a confidential procedure: In specific circumstances, the Rules empower a party to restrict access to its trade secrets or other confidential information to the arbitral tribunal or its advisor. The decision of the arbitral tribunal is final and legally enforceable by both sides2. Merits and Demerits of Arbitration Merits of arbitration are a) if the disputed matter is highly technical, arbitrators should have an expertise to deliver b) it is faster than the court proceedings c) cheaper and flexible d) its proceedings can be made confidential e) here language of arbitration can be chosen, whereas in judicial proceedings it cannot be chosen f) easily enforceable g) it limits the duration of the dispute and associated liability3. Demerits of arbitration are i) highly c omplex ii) in case arbitration is mandatory and binding, the parties deprive their rights to access the courts iii) ambiguous decisions cannot be reverted since limited scope for an appeal iv) fewer enforcement options than judgments in other legal systems v) not directly enforceable4. Arbitration Agreement In theoretical terms, it is a consensual process duly agreed by both the parties to comply with. Such sorts of agreement can be categorized as: a) if a dispute arises; it can be resolved through arbitrator b) submission agreements are those that signed after a dispute has arisen5. In the common wealth countries, the earlier is considered suitable. In the cited countries, each executor has to bear the cost in conventional arbitration and not in submission agreement. The law accepts validity of arbitration clauses in spite of its language not linked with legal contracts. Those clauses are: a) English law is applicable if venue arbitration is London b) suitability of clause c) if it is in line with the ICC Rules in London6. The competent court of law respect the clauses to resolve the disputes provided i) arbitrator should take into account the principles of practical business ii) globally acclaimed principles of law governing

Entrepreneurship Essay Example | Topics and Well Written Essays - 500 words - 2

Entrepreneurship - Essay Example Apparently, there are major pitfalls of entrepreneurship because of entrepreneurs’ insubordinate attitude towards corporate management and their overemphasis on the necessity to be active both at corporate success and failures as to avoid blaming themselves for observed internal weaknesses of the company they are involved in. However, the creative energies of the entrepreneurs provide a lot of benefits to the other shareholders, particularly the consumers and the community. For example, Google is becoming the dominant search engine in the World Wide Web because of few competitors in the field. This situation can be described in economic terms, as oligopoly which is rather disadvantageous to Internet users because of very minimal options to choose from. Entrepreneurs then, being heroic in their standpoint, have the positive and innovative energies to generate other search engines that would vie with Google. The high risk of solvency of a start up business is a reality that no one could challenge. Nevertheless, entrepreneurs have the imagination and the creativeness to turn any challenge to one that is worthy of time and effort. The problem only arises for the entrepreneur when the company achieves high growth and the demand to have people as work partners become inevitable. If that is the case, then entrepreneurs could find new channels where they could pour over their inexhaustible ingenious vigor and consequently aid the development of the local economy. Dan Bricklin’s remarkable story of entrepreneurship is a framework of nature and nurture mishmash. He was born in a family of entrepreneurs and his inventive and daring spirit made the rich possibilities for him to trail a line of technology business venture. As the son of a creative entrepreneur, Dan Bricklin was able to observe the actual running of a business dedicated to printing press. Moreover, his years of academic education endowed him

Football hero Essay Example for Free

Football hero Essay The book I read was Football Champ by Time Green. The setting of the book is Atlanta, Georgia during the fall. The main places in the story are the Atlanta Falcons Stadium, Troy’s middle school and football field, and Troy’s house. The story is written in first person because Troy (the main character) is telling the story. There is figurative language in this story. On page 229 a simile is used that says â€Å"he’s big and slow like a turtle†. There is also an idiom on page 57 that says â€Å"the Duluth fans poured over the fence, swarming the end zone†. The main character of Football Champ is Troy. He is a middle school football player and a football genius. Troy is strong, brave, and good hearted. Another main character is Seth who is a NFL linebacker and dating Troy’s mom. Seth is kind, strong, and fights for what he believes in. Troy’s mom is another important character. She is caring and kind. She takes care of Seth and Troy. Troy’s best friends, Nathan and Tate, are middle school football players. They care about Troy and help him solve the problems caused by Peele, the main bad guy. Peele is a reporter trying to destroy Troy and Seth. The main problem in the story is Peel and Seth’s doctor working together to destroy Seth’s football career by lying about Seth using steroids. Peel also lies about Troy and convinces the NFL that Troy is stealing the other team’s playbooks. Peel is trying to do this because he blames Seth for ruining his football career. Troy and his friends solve the problem by going to Seth’s doctor and getting him to tell the truth about Seth on DVD. Troy and Seth prove that Troy did not steal the playbooks by going to one of the other NFL owners and showing him that Troy is a real football genius. Seth gets to continue in the NFL and Troy gets to work with the Atlanta Falcons. The moral of Football Champ is to never give up. I figured this out when Troy played his middle school football games. The other teams were always bigger and better, but Troy and his team never gave up. They ended up winning all of their games. They proved to everyone who doubted them that they were wrong. The book Football Champs was amazing in my opinion. It was hard for me to put this book down because it was fun to read. I would recommend this book to 5th and 6th graders because it was made for them. I chose this book because I love football and the author is Tim Green. He has a linebacker for the Atlanta Falcons.

Significance Of Site Layout Planning Construction Essay

Significance Of Site Layout Planning Construction Essay Site layout planning can affect productivity and is crucial to project success. However, as construction is heterogeneous in the nature of its organizations, project designs, time constraints, environmental effects, etc., site layout planning for each project becomes unique. Affected by many uncertainties variables! And variations, site layout planning is a typical multi objective problem. Introduction Problem solving requires representing the problem in a language that problem solvers can understand. However, solutions of most construction problems rely on empirical Knowledge about the site layout that can be as a site space allocation for material storage, working areas, units of accommodation, plant positions, general circulation areas, and also access and egress for deliveries and emergency services. Furthermore, conflicting objectives and the uniqueness of construction projects like bad site layout make the problems difficult to conceptualize and define. In this report presenting, a routine task for many site staff in both precontract and postcontract stages of site layout planning of the typical multi criteria and multi objective construction problems. It is very much influenced by types of construction, density of development, and whether the site is bad or in a good layout. Significance of Site Layout Planning Site layout shows the relationship of the proposed site with its surroundings with respect to communication, approaches, and existing facilities. Good site layout planning assists in minimizing the traveling time and movement costs of plant, labor, and materials, activity interference during construction work, and site accidents, and ensures that work on buildings and other construction positions is not impeded by the thoughtless storage of materials on these locations. So site layout can thus either enhance or adversely affect construction productivity and progress. It is important to acquire the knowledge of the project site before setting out the site layout. The knowledge about the project site can be obtained from: Site Investigation Site investigation is a process of site exploration consisting of boring, sampling and testing so as to obtain geotechnical information for a safe, practical and economical geotechnical evaluation and design. Generally it is an exploration or discovery of the ground conditions especially on untouched site. In other words the main purpose of site investigation is to determine within practical limits, the depth, thickness, extent and compositions of each subsoil stratum, the depth and type of rock, the depth and composition of groundwater, the strength, compressibility and hydraulic characteristics of soil strata required by geotechnical engineers. Sometimes it is also known as geotechnical investigation. Wok Procedure for SI Steps of work involved in site investigation: 1.Desk study to collect all the relevant data and information, 2.Reconnaissance of site works, 3.Planning program after reviewing the above, 4.Ground or soil exploration includes boring, sampling and testing, 5.Laboratory testing (also field if necessary), 6.Preparation and documentation of SI report, 7.Engineering design stages, 8.Review during construction and monitoring. Steps of Soil Exploration Soil exploration consists of: Boring: Refers to drilling or advancing a hole in the ground. The test would include hand auger, motorized hand boring (wash boring), deep boring (rotary drilling), and/or trial pits. Sampling: Refers to removing soil from the hole. The samples can be classified as disturbed or undisturbed sampling. Disturbed samples are usually used for soil grain-size analysis, determination of liquid limit, specific gravity of soil as well as compaction test and California bearing ratio (CBR). The undisturbed samples are collected at least every 1.5 m and if changes occur within 1.5 m intervals, an additional sample should be taken. Testing: Refers to determining the properties from the soil. The test can be performing either at laboratory or at field. Laboratory testing would normally be moisture content, sieve analysis, liquid limit, compaction test, CBR and so forth. Field test would include Standard Penetration Test (SPT), Cone Penetration Test (CPT) and Vane test. Record of Soil Exploration It is important to keep complete and accurate records of all data collected. Boring, sampling and testing are often costly. A good map giving specific locations of all boring should be available. All boring should be identified and its location documented by measurement to permanent features. And all pertinent data should be recorded in the field on a boring log sheet. Soil data obtained from a series of test boring can best be presented by preparing a geologic profile: Arrangement of various layers of soil, Ground water table, Existing / proposed structures, Soil properties data (e.g., Standard Penetration Test values). The profile was prepared with data obtained from the boring, sampling and testing of each borehole from selected points. Summarizing Scope of site investigation works when planned by different engineers tend to be varied because there are an infinite number of conditions to be met and the process of planning also leaves many areas where individual judgment and experiences must be applied. It is also impossible to attempt to provide an exhaustive step by step guideline applicable to all possible cases. It should be realized that there is a possibility that any site investigation may leave some area unexplored or overlooked. The main risk in foundation design is the uncertainty involving in predicting soil conditions which may change with environment. The more site investigation the more it will reduce the margin of uncertainty but the time and cost requirement will be exorbitant. Therefore the extent and the cost of Site Investigation should be such that risk is at an established acceptable level to the designer and also comply to the accepted code of practice. Decision Criteria and Site Facilities Adopted in Site Layout Planning Although each site layout is unique, site layout planning can be resolved into a repetitive selection-evaluation process. Several analysis techniques can be used for the selection process for example, the dominant factor analysis and Parker s judgment technique, which can be used to screen out available decisions in choosing facilities, and identify key decision factors and locations for each particular facility. All space-planning problems consist of a set of activities to be located and a space in which to locate them. Site layout planning consists of identifying the facilities needed to support construction operations, determining their size and shape, and positioning them within the boundaries of the site. So, the most temporary facilities are classified into six important categories, which are tabulated in Table 1. Table1. General Classification of Temporary Facilities Temporary facilities Description Access road and exit Needs vary with the type of project and the stage of the job. It will normally be linked with the plan of construction and in some cases may actually control the progress of construction. Ideally, short direct routes and one-way traffic are encouraged. Location of plant and equipment Choice of the major items of the plant is of real consequence on most sites. Correctly chosen and well operated and maintained equipment enables a construction project to be completed efficiently and economically. Material storage and handling area Areas must be set aside for the storage and handling of material. The objective here is to minimize waste and losses arising from careless handling, bad storage, or theft, and to reduce costs by obviating double handling or unnecessary movement. Site accommodations and welfare facilities Consideration should always be given to the possibility of ensuring that the site accommodations are kept at a suitable distance from the construction work and are in such a position to enable the site staff to conduct their duties (welfare facilities also) Temporary services This includes water supply, electricity supply, gas, telephones, and drainage the requirements of which may vary between different projects. Workshop position Position should be indicated to enable the site supervisor to arrange for the erection of the following types of workshops: 1) fitter s shops and work area; 2) joinery shop and machinery area; 3) Reinforcement and bar bending areas; and 4) Concrete mixing. Bad site layout planning Bad site layout is usually a multi criteria problem involving in construction site without any or less temporary facilities regarding to the type of project. Fig1.Bad site layout Figure1 shows one of the bad site layouts occurs daily in construction site that the Decision makers made mistake. As you can see there are some missing temporary facilities like: 1. There is no enough access road to use. Only have two main entries that all type of vehicles can access. 2. No female toilet for any side of the site layout. 3. They don t provide any temporary office place 4. There is no storage for steel, timber and other facilities. 5. No temporary services including water supply pipes and waste storage like septic tank. According to all that things, we can say the site layout planning is bad layout. Cause for the lake of or missing of some important facilities that leads the hall project to be fulfilled. Conclusion Site investigation product plane such as space allocations and material transportations need a lot of experience and knowledge. The planning of a site layout in practice will depend upon a number of factors such as the time and money. The need for careful site layout and site organization planning becomes more relevant as the size and complexity of the construction operation increases, and especially where spare site space is very limited.

Destruction of the American Dream Essay examples -- Knowledge Dreams S

Destruction of the American Dream I’ve talked about it in the past, the destruction of the American Dream. Always, there have been papers, writings, and thoughts that quantify a particular section of its ultimate demise, be it due to money, education, or sexuality. Maybe the destruction cannot be viewed as a singular event or cause. Perhaps instead it must be examined as a whole process, the decay and ultimate elimination of a dream. Self destruction, if you will†¦ Mr. Self Destruct In all of us, there is a duality of existence which allows for the American Dream to be within our minds. Part of the mind believes in the dream, is swallowed up by its fantasy and perfection, while the other part is the screaming voice of reality that tries to expose it for the lie that it is. Most of the time, such a voice as the second is pushed away, hidden, and ignored, but it is always there, sitting in the back of the mind, driving its owner mad. Our lies cover so many spectrums and so many facets of life, focusing around the pleasures that keep the dream real in our minds. The pleasure turns to control us, because without it we would see the reality of our twisted world. It takes us where we want to go, and gives us what we want to know. A machine that feeds on desire, sex, drugs, money, and so many other things, and that produces a fake sort of happiness so efficiently that it not only hides its own existence, but makes us want for it to be there and fight to protect it. Ignorance is bliss, and knowledge is destruction. Piggy One of the primary fuels of the machine of illusions is materialism and money. They are the most easily projected images of success and power and as such, become th... ...oms of two broken states of mind. One of them would like to sit back and do nothing, while the other would like to end it all. What we need, is to develop a way of thought that excludes the other two. A way of honor that leads down a path less traveled, a path that leads to true happiness and true success. The way is hard, the path is long, and nothing is ever easy, but perseverance will bring about a life that is true. With hope, go forward into the world and make the best of yourself. Don’t allow the world to tell you how to do it. Find the way for yourself. Works Cited Anyon, Jean. â€Å"From Social Class and the Hidden Curriculum of Work† in Rereading America, Gary Columbo, Robert Cullen, and Bonnie Lisle, eds. Gatto, John Taylor. â€Å"The Seven-Lesson Schoolteacher† in Rereading America, Gary Columbo, Robert Cullen, and Bonnie Lisle, eds.

Historical Analysis Of Jerzy K :: essays research papers

An obscure village in Poland, sheltered from ideas and industrialization, seemed a safe place to store one ¹s most precious valuable: a 6-year-old boy. Or so it seemed to the parents who abandoned their only son to protect him from the Nazis in the beginning of Jerzy Kosinski ¹s provocative 1965 novel The Painted Bird. After his guardian Marta dies and her decaying corpse and hut are accidentally engulfed in flames, the innocent young dark-haired, dark-eyed outcast is obliged to trek from village to village in search of food, shelter, and companionship. Beaten and caressed, chastised and ignored, the unnamed protagonist survives the abuse inflicted by men, women, children and beasts to be reclaimed by his parents 7 years later--a cold, indifferent, and callous individual. The protagonist ¹s experiences and observations demonstrate that the Holocaust was far too encompassing to be contained within the capsule of Germany with its sordid concentration camps and sociopolitical upheaval. Even remote and  ³backward ² villages of Poland were exposed and sucked into the maelstrom of conflict. The significance of this point is that it leads to another logical progression: Reaching further than the Polish villages of 1939, the novel ¹s implications extend to all of us. Not only did Hitler ¹s stain seep into even the smallest crannies of the world at that time, it also spread beyond limits of time and culture. Modern readers, likewise, are implicated because of our humanity. The conscientious reader feels a sense of shame at what we, as humans, are capable of through our cultural mentalities. That is one of the more profound aspects of Kosinski ¹s work. It is this sense of connectedness between cultures, people, and ideas that runs through the book continuously. While the  ³backward ² nonindustrialized villages of Poland seem at first glance to contrast sharply with  ³civilized ² Nazi Germany, Kosinski shows that the two were actually linked by arteries of brutality and bigotry. Both cultures used some form of religious ideology to enforce a doctrine of hate upon selected groups whom they perceived to be inferior. Totalitarian rhetoric and Nietzschian existentialism replace a hybrid of Catholicism, which in turn replaces medieval superstition as the protagonist is carried from the innards of village life to the heart of totalitarian power. In the first several chapters of the novel the little protagonist is firmly convinced that demons and devils are part of the tangible, physical world. He actually sees them. They are not mythological

Fender Musical Instruments Corporation Essay

Fender is an American manufacturer of stringed instruments and amplifiers based out of Scottsdale, Arizona. The privately held company was founded by Clarence Leonidas â€Å"Leo† Fender in Clifornia in 1946. The company specializes in solid body electric guitars such as the Stratocaster and Telecaster, and solid body electric bass guitars such as the Precision and Jazz models. Fender instruments are widely considered to be the standard to which most other electric guitars are measured. As marketing manager, I have been asked to develop a brand extension within Fender, in this case, we have decided to move into percussion instruments, specifically drum kits. We will be developing 3 new models of Fender drum kits, a six, seven and eight piece kit. The six piece kit will be made up of a snare drum, four tom toms and a bass drum. The seven piece kit will be similar, with the addition of another tom tom, and finally the eight piece will be similar to the seven piece, with the addition of a second bass drum. All drums will be sold without cymbals and hi-hats; however all will include a kick pedal for the base drum. The objective of this extension is to begin moving Fender into new instruments, especially to develop a line of percussion instruments, with the future goal of developing a percussion department within the company, which will in turn lead to the manufacturing and sale of bongo drums, conga drums and tambourines. We feel that this area of the market for musical instruments has a clear niche gap within it that Fender can fill. With our excellent reputation within the industry, we feel customers will have the brand loyalty to purchase Fender drums. We also feel that with our world class team of developers and creators, and having the resources to use only the finest wood, we can create a drum kit that will be used by the most influential and talented drummers in the world. This will of course lead to worldwide sales of Fender drums, increasing sales to unprecedented levels, which in turn will give us the chance to employee a greater number of people, all while creating a whole new division within the organization, greatly adding to the legacy of Fender instruments. Our target market is the total number of potential buyers for our product. Among this broad group, we have our primary and secondary target markets. Our primary market in this case will be those most likely to buy our new product. This will mainly be drummers and musical institutions, for example music schools, colleges and workshops. Our secondary market, those who have the next greatest potential to buy now or in the future, will be musicians of all instruments; non-musicians who we hope will to purchase a kit and learn to play; and advertisement companies or agencies. Our primary market is simple, drummers drum. They need a drum kit, and if we can convince them of the superior quality and craftsmanship of Fender drums, we hope they will use Fender exclusively. A similar approach is being taken when marketing towards musical institutions. Our secondary market however will be more difficult. Despite the fact that drums are used in many forms of music, musicians in general who we will target will specifically be guitarists, bass players and singers. We feel these players might be interested as many will already be playing music in a similar style to heavier, drum-orientated sound, as opposed to a classical trumpet player for example. We also feel that these players will very likely be familiar with the Fender brand, again as opposed to a musician playing an instrument in which Fender does not specialize. They will therefore be familiar with our high quality level of workmanship and reliability. We will have many well established brands to compete with within the marketplace. Companies such as Pearl, Tama, Evans and C&C are highly regarded within the drumming community and have spent years building u brand loyalty among their customers. Of these companies, Pearl and Tama will be our strongest competitors. Pearl is a multinational company, founded in 1952, specializing in percussion instruments. They cover a huge range of kits, including six, seven, and eight piece kits similar to the kits we will be producing. Their Vision, Masters and Session models are widely popular and well prices. Tama is a sub division of the Hoshino Gakko Group, a company specializing in Tama drums and Ibenez guitars. Like Pearl, Tama produces well crafted, highly priced drum kits and have a great reputation worldwide for quality. Fender Drums – Marketing Strategy Price We will be selling our three kits (six, seven and eight piece) directly from our Fender stores worldwide for $1499, $1799 and $2199 respectively. We have spent many months analyzing our competitors’ marketing prices and feel that these prices offer a great deal for customers. For example, Pearl and Tama sell their six piece kits for $1599 and $1649 respectively. This places our product at a lower price range than both. We have also reached a deal with Sabian (manufacturer of hi-hats and cymbals) to sell our six piece kit with four of their cymbals as a bundle deal. Regarding this deal, we will receive $50 less per kit than when sold separately, however we feel Sabian to be a highly regarded company who customers have built up a great relationship with and therefore we hope to garner some of their brand loyalty to introduce new players to our product. Our seven and eight piece kits will be sold individually only for the foreseeable future. Our seven piece kit is being sold at the same price as those offered by Pearl and Tama, while our eight piece kit is $100 cheaper than Tama’s eight piece kit. Ours is $50 more expensive than Pearl’s eight piece kit; however we feel our product to be vastly superior to theirs, and therefore do not anticipate this slight difference as being problematic. We will also be offering out 100 kits initially to established artists as endorsements. These kits will be distributed, free of charge, to 42 pre-selected musicians, in the hope that by being used by these artists, other musicians who are influenced by these drummers will be eager to also purchase a kit. In addition, our seven piece will contain a 13 x 10 tom tom and our eight piece will include a 20 x 16 bass drum. We will offer a range of spin off products which can be attached onto each kit, including a cowbell, tambourine and jam block. Each kit will be available in three colors (red, green and black) and will be sold with safety casing as an additional extra. They will be branded with the Fender logo on the top right portion of the front of the bass drum. Our products will vary to competitors’ products in many ways. Our drums are different sizes, therefore giving out a slightly different tone and sound. All drums a headed with smooth emperor drum skins, which resonate for longer and give a crisper, more accurate tone. Only the finest maple and rosewood will be used to ensure the most satisfying sound and timbre. Place Our products will be available from all Fender stores throughout Australia, Europe and America. We hope, over the next 12 months, to establish a relationship with stores throughout Asia and South America to sell Fender drums. Our products will also be available from our online store, as well as through third party sellers such as Amazon and EBay. Our products will also be available for both use and purchase at many trade fairs throughout America and Australia over the next six months. Promotion We have many options when considering methods of promotion. As the leader in musical instruments worldwide, with 312 stores, this gives us a great starting point. All stores will stock our kits, displaying them front and center within their stores, to be sure customers will be quickly aware of them. We regularly host trade fairs across the world, which will also give us another means of advertising. We will be taking our advertising in many of the world’s most read magazines (such as Rolling Stone, News and Time), newspapers (NY Post, Sydney Morning Herald and British Times) and websites (BBC, Dailymail, and TMZ). We will advertise and promote through television and radio also. I feel our greatest promotion will be through Sponsorship. We have signed 42 of the greatest drummers currently playing to use our kits. Drummers like Chad Smith (Red Hot Chili Peppers), Lars Ulrich (Metallica), Josh Freese (Nine Inch Nails) and Nathan Followill (Kings of Leon) all have huge fan bases of drummers, who we hope will be eager to try and purchase our kits once they realize their influences are also using them. Our competitors also use many of these means of advertising, however we feel with our larger budget, and many more stores internationally, we have a much larger platform to promote from. We will begin promotion as of September 2014, hoping to garner enough attention to our product before the Christmas rush of product purchasing begins. While our product is not a ‘seasonal’ product, we feel it would be a good time to release these kits. In closing, regarding which of the 4Ps will be the most influential initially on our product, I believe it will be our product itself. Our price is very competitive; we feel strongly this will not be a problem. Our promotion will be huge, using magazines, radio, TV, internet, billboards, instore advertising, sponsorship and trade shows among other means. Our placement options are huge. With our worldwide brand, we can sell our product worldwide. However, our product itself, with its world class development, beautiful tone, ease of use, gorgeous design and competitive price will stand up for itself as a leader in drumming products, and over time, we hope will be the number one drum kit on the market. Sources http://www.smarta.com/advice/sales-and-marketing/advertising-and-marketing/how-to-develop-a-marketing-strategy/ View as multi-pages