Law Essays

The arbitral bodies have a standard arbitration clause and engrained procedures that parties may adopt to increase the predictability of their dispute resolution. Additionally, the arbitral bodies administer the arbitration to ensure that the resolution of disputes is done promptly and orderly. Different arbitral bodies have different rules.  

Parties to international commercial disputes normally choose arbitration since through arbitration the parties have the dispute heard within a forum they deem more neutral, the arbitral award can be enforced easily, and they can choose the arbitrators and can choose the language and the place the arbitration will take place.

Global governance tends to make states less prominent while increasing the involvement of non–state institutions. Moreover, while the states do not participate actively in the rule-making, norm-setting processes, and monitoring of compliance, the international and non–state actors are significantly active in these areas.

Sara's idea is quite practical in business but her main problem is raising the capital for the business. Her parents are not supporting her idea and therefore refuse to give her capital to start the business. Her predicament seems sorted when she consults her lawyer who proposes different methods of raising capital for her business. 

As per the practice, long ago, the people were not allowed to take part in the “first fruit yields” before offering it to their king.  This event also served the purpose of being a Thanksgiving ritual for God in order to have provided them with food. The king accepted the “early harvest” first, as he was the leader, of God for his realm.  

It has been in the business for some time and basically understands the laws that pertain to contracts in various nations. Hourllier Sarl must have approached it with confidence that they will get a good deal for the business and even if they don’t succeed they will not have to lose through transaction charges.

First, ‘Cujus est solium ejus est usque ad coelum et ad inferos’, which means that land extends indefinitely upwards to the zenith and indefinitely downwards to the centre of the earth. Over the past, there have been a number of scientific advancements, but even with the development of modern-day technology mankind has been unable to access the resources of the earth beyond the crust and mantle border. 

The concept of Alternative Dispute Resolution (ADR) is an extremely broad one.  This is because there are near-infinite categories of procedures that are within the category of ‘not a trial’. For instance, if a dispute crops up and is resolved away from the courtroom, the resolution is in a way ADR.

This memorandum of advice has been prepared for the Company Secretary and Board of Directors of Far Horizon Pty Ltd., who seek advice on the liability of Global Minerals Pty Ltd (‘Global’) with regard to circumstances under which the vessel ‘Mystic Spirit’ discharged a chemical described as Lavanax in its pure chemical form, subsequent to sustaining damage to a tank containing the chemical substance.

As requested the adequacy of the international and Australian definitions of piracy has been investigated. The inquiry was done to find out the adequacy of the current definition and if it needs any alterations. The investigation also includes the reasons for these changes and the way they can be made.

The arbitration is between John frost Limited, a livestock transporter and Honest Dealers Limited a company which is a company that deals with cattle buying and delivering to various parts of the world. Both parties are from two countries namely, Hong Kong and Melbourne, Australia. The arbitration is to take place in Melbourne on April 4, 2010.

UNCITRAL Model Law on International Commercial Arbitration, as adopted by the United Nations Commission on International Trade Law as Amended in 2006. UNCITRAL Arbitration Rules, as adopted by the United Nations Commission on International Trade Law (1976), United Nations Convention on Contracts for the International Sale of Goods (CISG) (1980).

The Human Rights Act 1998 was enacted in November 1998 by the parliament of the United Kingdom, the Act was effected in October 2000.  This Act aims at reinforcing the UK laws on human rights found in the European Convention on Human Rights. Basically, this Act aims at ensuring that basic human rights are fully respected, protected and enforced by the legal systems in the UK.

The chapter provides an outline of the link between money laundering and terrorism financing, discussing the sources of such funding as well as focusing on the impact of such funding on the development of economies, especially developing economies. Thereafter, the chapter focuses on Financial Intelligence Unit or FIU, discussing the importance of FIUs and the steps to establish them.

Australian law on arbitration is based on international conventions, legislation (both federal and state) and common law. The international Arbitration Act (1974) (IAA) contains provisions implementing the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (“New York Convention”) and the UNCITRAL Model law.

The idea in Section 1 is to make a pointed reference to agreements. An express agreement, however, is not required to create a contract in restraint of trade. Contracts can be implied by the conduct of the parties, so the mere discussion of prices with a competitor taken together with parallel pricing would be a violation of the Act.

It is essential to state that in America, both government agencies and private litigants engage the business of regulating competition using these laws with the aim to sustain market operations. It is important to point out that the antitrust laws are contained in the so-called Sherman Antitrust Act.

Thіs memοrandum іs іn quotation tο prelimіnary іnvestigation contrary tο three majοr companies from small batteries іndustry and a lawsuіt filed contrary tο them іn answer tο accusations from diverse consumer groups. In this memo, beіng constіtuent οf the group allotted tο assess the overhead details and wοrk out іf further іnvestigation іs warranted οr, not I will hereby ahead my arguments fοr concern οf the Justice Department.

The tοtal dread will be cοndensed combined іn light-weight οf the posіtiοns we have modіfied, and we desperatiοn that Іf has nοt come tο any agreement that ought to be suspected per se unlawful below Sectiοn 1 οf the Sherman Act afterward has іt come tο any agreement that would be assumed cumbersοme below the lead οf lineage review?

Free competition in trade and commerce for industrial development, so as to best serve the public, is the spirit behind the theory which supports antitrust laws in the US. Fair competition among businesses ensures quality products and services at reduced or reasonable prices. Instead, a few companies or associations try to dictate terms by manipulating prices, quality, or product quantity so as to avoid competing for customers.

Search and Rescue involves locating and recovering people who may be in distress, potential distress or missing and taking them to a place of safety. The United Kingdom (Great Britain and Northern Ireland) offers a detailed search and rescue service for those reported in trouble be it on land, water, or in the air and for those reported missing.

I am required to assess whether NATLA has reached any per se illegal agreement under section 1 of the Sherman Act, and discuss if, on the contrary, NATLA has reached any unreasonable agreements under the rule of reason. To do this, we need to understand the background and content of the Sherman Act, both per se illegal rule and the rule of reason provisions. In doing so, we will also review the origin and purpose of the antitrust laws.

It is quite essential to state that the European Union (EU) Single Market, also known as the Common Market, or sometimes referred to as the Internal Market seeks out selling arrangements that would allow the free movement of goods rather than enforce a barrier for the free movement of goods and services.

Although both fixed and floating charges must be filed in a public registry to be effectual; under British law, the two charges are differentiated. The main difference between the two charges is that, while floating charges are would-be liens on nearly all if not all of the debtor’s possessions, fixed charges are liens on definite assets.

The system used in employment in China is based on socialist and Northern European models. This system of employment is different from that of the U.S.; in the United States companies are at will to terminate employees at any time for pretty much any reason. But China's system is the opposite of that of the US system because the Chinese system is based on a contract employment system.

The purpose of this risk assessment is to enable the management committee of Mawdesley Village Hall, to identify and evaluate the potential hazards and risks that their employees, contractors, and customers, may encounter in the workplace. It will also help to develop appropriate measures in order to comply with the relevant health and safety legislation and, thereby, reduce the level of occupational injuries and ill health.

Firing an employee or a fellow manager is none of the toughest tasks a factory manager can face. And due to the emotional stakes involved, it is also the task most likely to land your company in legal trouble. When you fire an employee or a manager, some amount of his or her dignity, self-esteem, and livelihood are affected; it is comprehensible that a poorly handled termination might lead a disgruntled employee to the courthouse door.

It is of great importance to carry out a risk assessment in workplaces as it forms a fundamental aspect in the prevention of hazards that are prone to intervene with the normal running of the daily activities that take place in a workplace (Ricci, 2006 pp, 49).  Risk assessment is vital in protecting workers as well as the business, putting into consideration that proper legislation procedures have to be observed.

Plea bargaining and abbreviated trials have emerged as the most popular techniques of alternative procedures. Plea bargaining is a process of negotiation, in which the prosecutor and defense counsel come to an agreement, wherein they attempt to resolve some of the criminal charges leveled against the defendant, without a trial.

The Australian government has been involved in a lot of foreign arbitral award enforcement and in most cases, the issue of violation of public policy has been used as a defense against enforcement of foreign arbitral awards presented in Australian courts. Different judges have come up with different decisions all of which when analyzed, present a specific definition of what public policy is as viewed by the judges.

Many people in the country take the notion of Justice for granted; the significance and reality of it are perceived as the bedrock of the ‘British way of life’ and indistinguishable from the communities in which they reside. The assumption is that the criminal justice systems through the auspices of the police, courts, judiciary and other agencies automatically dispense justice.

To look at justice reinvestment as an approach to reducing crime it is important to first look at the meaning of justice reinvestment.  Justice reinvestment is policies that reduce spending on correctional facilities aimed at making communities and neighborhoods safe, the environments to which the people that have done time in prison come (Durcan, G. 2010).

Cornell points out how the taxpayers have been unknowingly backing up a residual deposit from very risky market speculation, and the business of banking investments. The article provides bankers' explanations and reasons for doing what they do and the government's say on this issue through Philip Lowe who is the deputy governor of the Reserve Bank.

In Africa, the high rate of crime is blamed on the high rate of unemployment and the availability of cheap drugs like bang and illicit brews. In America (South and North America) the high rate of crime has been blamed on illegal drugs that are channeled through the continent on the way to other parts of the world.

A brief summary of the present environment of the UK banking and financial sector is given to provide the context for the regulatory issues identified by the ICB report. The issues are individually studied. The recommendations of the ICB for reforming banking regulation are assessed, and possible alternatives to those recommendations are described.

Legal opinions in international transactions determine issues in the transactions at hand, that are governed by foreign law and which are governed by the law of the home country of the corporation. The opinion of the counsel precedes the closing of the transaction. The written opinion is, therefore, referred to as a ‘Legal Opinion Letter.’ 

One of the common law’s great contributions to contemporary justice is to limit criminal punishment to morally blameworthy individuals who consciously choose to cause or create a risk of harm or injury. Such persons are punished based on the harm caused by their decision to commit a criminal act rather than because they are bad or evil people. 

The human mind is capable of devising constructive and destructive ideas. Through devising destructive ideas, crimes are committed. Crime refers to the violation and contravening of set norms, regulations, and guidelines in a society, for which laid down legal structures and frameworks are, established to offer a conviction.

Besides the expressed terms, an express contract may contain additional terms that are implied; transforming it into a partly implied and a partly expressed contract. Both the expression of the terms and the existence of a contract must be entrenched in the intention of the parties as expressed in their words or actions.

Contemporary societies and global economies have seen their fair share of successes and challenges. The issue of refugees remains fresh in contemporary societies as more and more people are, driven out of their homes by wars, natural calamities, famine, environmental causes, persecution, and diseases due to political dissonance.

Regional integration offers new and increasing prospects for Africa’s scientific and technological development. If well organized and used, integration could provide the basis for developing and sharing infrastructure for research and development, and for mobilizing and using scarce expertise and financial resources.

It is worth noting here that international transaction happens when more than one country is involved. International commercial law is defined as the body consisting of laws governing international transactions. As business conducted between the different nations as well as companies from different nations continue to rise. 

Islamic financing mode has been boosted by Sukuk as they are crucial drivers in raising finances. Sukuk’s market growth has been driven by the increasing demand as well as the standardizing the Islamic tools for finances. It is expected that the Sukuk markets will hit more than US$ 210bn as we approach mid-2011.

More often than not, they are held in detention camps for prolonged amounts of time, they are exposed to deplorable housing and living conditions and they are not able to access legal counsel, medical care such as counseling, and access to basic essentials such as nutritious food, clean water, shelter, education and clothing (Smith, 2008). 

The major aim of SPV is merely to execute the transactions, for which they were developed, and they do not make substantive decisions; the rules guiding them are established prior and keenly define their activities. In fact, there is no single person working at an SPV and it doesn’t have a location that is physical. 

The large stores provide around 30, 000 products and they also provide complementary non-food services and products in a majority of the stores. A home delivery shopping service that is internet-based is also in place for almost 90% of households United Kingdom households. Over 150, 000 people have been employed.

The provision of good corporate governance requires the application of effective mechanisms that control the management of corporate affairs. As a way of controlling the actions of directors in different nations, mechanisms that are in line with the laws of particular nations are applied in corporations so as to provide good corporate governance

Crime is described differently for different human societies in varied jurisdictions be it local and international and at diverse stages of crime. The stages of crime describe various processes that are involved before the crime is completed which include deliberating, strategizing, disclosure and allegedly intended for and incomplete offenses.

The Islam religion has beliefs that make it not possible for normal banking practices to be used by the Muslim faithful. There arises a need for Muslims to find a solution to their finances. This saw the rise of Islamic banking and finance which are established to conform to the rules and regulations of the Islam religion and culture.

Mrs. Smith, a British national purchased an air travel ticket on Qantas from a British Airways travel agent to fly to Melbourne, via Singapore. She was advised that she was going to join a connecting flight in Singapore to take her to Melbourne. The departure from Heathrow Airport was delayed due to congestion caused by snow at the airport.