Final Essay Example | Topics and Well Written Essays - 1000 words - 3

Final - Essay Example By not delivering the coffee as stipulated in the contract, Java Distributors has made a material breach of the contract. A material breach of contract comes into effect when a party to a contract substantially and unjustifiably fails to meet their contractual obligation(s). Although Green Coffee can take Java Distributors to court, it is advisable that it pursues a different path of dispute resolution especially considering that it will have to incur a lot of expenses in legal fees and yet it will receive a little compensation in case it wins the case in a court of law. As earlier noted, Green Coffee can pursue an alternative avenue in resolving the dispute at hand, other than going to court. It may engage negotiation, arbitration, and mediation, all of which are less costly and which are known to be faster than litigation. One case in point that involved a material breach of contract is Miller v. Mills Constitutional, Inc. In this case, the district court held that Mills had breach ed the contract by failing to deliver the materials that it had agreed to deliver as stipulated in the contract. In the case of Miller versus Mills, the case rightly ended up in court considering the amount of money involved. This case is quite similar to the case involving Green Coffee and Java Distributors. By failing to deliver the coffee, Java Distributors caused Green Coffee losses. Green Coffee was not able to serve customers and therefore lost business on that day. This being the case, Green Coffee should receive compensation from Java Distributors that equals the amount the Green Coffee normally makes on a Monday, tips included. The best thing for Green Coffee to do is to invoke a dispute resolution method that is less expensive. Since Java Distributors may be unresponsive to a negotiation, the organization would best apply mediation or arbitration to resolve the dispute. If mediation as a process is chosen as a way of resting the case, both parties will have to choose a neu tral party who will suggest ways for resolving the dispute and facilitate communication. Normally, a mediator is knowledgeable in the matters of law. In some cases, mediation may lead to litigation. By opting for arbitration, the parties rely on a neutral party (the arbitrator) who is not necessarily knowledgeable in legal issues. The arbitrator listens to both parties before making a legally binding decision which can be subject to appeal at the district court. Considering the situation, Green Coffee would better go for arbitration and avoid going to court as much as possible. Part B The location of the coffee shop, the environment, the clientele, and the prices of the products on offer determine the kind of table that is suitable. If the coffee shop is located in an upmarket area in Boston visited by high class clients and serves as a place where people meet, then tables with stained glass tops are suitable for purchase. On the other hand, if the shop targets middle class and low class clients and is located in a downscale location, stainless steel tops would be suitable. Whichever the choice between the two, a contact will have to come into effect. The contract will include an offer, consideration and acceptance so as to be valid. When a stained top glass is chosen especially, a warranty should be granted so that in case of any damages, there can be a replacement. Part C The three new workers signed a written contract. However,

Small-Business Opportunities with the Navy Assignment

Small-Business Opportunities with the Navy - Assignment Example By statute, the Navy is required to implement some basic small business programs. The government provides opportunities in acquisitions to small businesses including the chance to participate in subcontracts and prime contracts. The following are the steps for acquiring the contract The Company will aim to be satisfied as a small business. It is primarily because the government retains a certain percentage of its contracts for small business holders and vendors (Contractor reference guide, 2014). Our company will identify a need that is yet to be in the Navy. Through our observation, there is a niche in the floor refinishing sector. It is especially because our product is, and therefore we are the only ones who can provide this service (Contractor reference guide, 2014). The Company then sends procurement letter to the Navy small business specialist who will advise us on the contract acquisition process. We will also market our product to the small business advisor so as he or she can consider us in the contracting process. The company will lay out the services it offers and then offer a price for which it is willing to work. Smart pay is such a website and serves to as a link between over 350 federal agencies. All this agencies will locate vendors and business through this online service (Contractor reference guide, 2014). Electronic contracting services offer a platform on which vendors can acquire contracts. They are also necessary for business such as the Navy since advertisement of their contracts may be done on these online platforms. Smart pay services offer charge cards to agencies throughout the United States government through master contracts with major national banks such as JP Morgan and Citibank. The charge cards are for contracting services where businesses and vendors are paid through the relevant banks. The advantage of smart pay is that

Porous Silicon p-type with Different Current Density

Porous Silicon p-type with Different Current Density Photoluminescence and Band Energy Gap For Porous Silicon p-type with Different Current Density  and Different Etching Time 1Mohammed Jabbar Hussein, *1W. Mahmood Mat Yunus, 2Halimah Mohamed Kamari 3Josephine Liew Ying Chyl, Abstract Photoluminescence (PL) for porous silicon lead to studied by many researcher .this phenomenon which has application in many devices. Porous silicon can be used in the optoelectronic devices and sensor. Therefore, the study to development porous silicon is very necessary,. In this study, porous silicon was prepared by chemical etching used silicon , the based electrolyte was ued HF acid with ethanol 1:1 . The porous silicon was characterized by Photoluminescence Spectrometer (PLS) and (SEM) Microscope. The range of the porosity (20.33 – 78.2) % and it is dependent on current density and etching time. The has Band gap energy which is from 1.81 ev to 2.o7 ev , the band gap energy is increased with increasing current density and increasing etching time Introduction Since the discovery of visible luminescence in the room temperature [1–5], porous silicon (PS) has become a subject of considerable interest, optoelectronic device [6,7]. many several methods [8–10] for fabricating PS from crystalline silicon wafers. The electrochemical etching [1,8]. Both method is the difference between them the chemical etching without using the external bias, therefore, considered this method the localized electrochemical process chemically [11]. Porous silicon was discovered in 1956 by Uhlir ( Uhlir 1956) while performing electro polishing experiments ,hydrofluoric acid (HF) was prepared in to silicon wafer by electrolyte containing . He found that under the appropriate conditions applied current and solution composition , the silicon did not dissolve uniformly but instead fine holes were produced, porous silicon formation was obtained using electrochemical dissolution of silicon wafer in aqueous or ethanoic HF solution The size dependency of the PL energy , which explains the efficient luminescence , causes the peaks to sift towards the higher energy or lower wavelength , as already reported [12,13] ,the red shift in PL peaks with decreasing average size of Si structure size in psi is considered to be strong evidence that the visible PL is caused by the quantum confinement effect [14] . The degree of the blue shift for psi usually depends preparation condition , Si resistivity , substrate ,type and dopant concentration , which can cause different modification of psi microstructure during anodisation [15] The values of the band gap energy of the porous silicon are the same range of the reported ( 1.5ev to 2.5 ev) [16.;17,18] In this work , porous silicon p-type was prepared by electrochemical etching technique and photoluminescence PL spectroscopy was used to determine the wavelength the emitted light . Preparation porous silicon All samples were prepared on (100) n- type silicon (Si) single crystal wafers of 537 thickness. Silicon substrates were cleaned by sonification for 5min in ethanol, and acetone. A Si substrate was placed at the bottom of a cylindrical Teflon cell and fixed by an aluminium plate as a backing material. A platinum (Pt) rod serves as a cathode perpendicular to the Si surface at a distance of (1cm). The samples were prepared with constant current, density, and etching time at a concentration of ethanol ( in the volume ratio of 1:1. Theaside is an essential ingredient for the anodical etching of . Ethanol was added into electrolyte to enhance the homogeneity and uniformity of the () surface because it acts as a promoting agent to increase the wettability of () surface and to remove the extraneous H2 bubbles that appear during the anodical etching process. In fact, ethanic solutions infiltrate the pores, while purely aqueous HF solution does not. This is very important for the lateral hom ogeneity and the uniformity in depth of the () layer. A digital current source () was used to supply constant current. Figure (1) shows the schematic diagram of all the elements used for the preparation of (). To generate the electron hole pairs, the surface of sample was illuminated with halogen lamp () during iodisation. For all samples, a voltage of was applied to the halogen lamp for illumination. The current densities used for samples are 10 mA/cm2, 20 mA/cm2, and 30 mA/cm2 with etching times of 20mins, 40mins, 60mins, and 80mins. HF based electrolyte Pt electrode Teflon cell Si wafer Current source AL plate Figure 1: Schematic of electrochemical etching cell for iodisation of () samples Figure (2):porous silicon (). a without light .b)with light .c) after remove the porous . Figure(3) : SEM images of PSi a) silicon wafer as scale 1m, b)-porous silicon (). as scale. c) porous silicon as scale 500 nm .d) porous silicon as scale . Results and discussion The optical properties of psi samples electrochemically etched at three different current density and by varying etching time. Figures (4- a,b,and c) shows the variation of PL spectra with etching time for the psi samples obtained at the current density 10 mA /cm2 , 20 mA/cm 2, and 30 mA/cm2. The intense luminescence spectra emitted from porous silicon structures formed on the samples. The pl peaks show a steady red color shift from 500 nm to 800 nm with increasing the etching time . , Figures (4-a,b,c) PL peaks for porous silicon samples prepared under differnet etching time with the current density a) 10 ma/cm2 ,b)20 mA/cm2 ,c)30 mA/cm2. respectively The Figure (5) show the PL spectra of samples prepared by current density of 10, 20 and 30 , respectively ..The band gap energy () was inferred from (PL) wavelength (ÃŽ ») using (. the relationship between band energy gap with the current density and etching time is increased the band energy gap when the current density and etching time increasing [19] . Figure (5-a,b) show the energy gap () variation of psi samples as a function of etching time and current density , respectively Figures (5-a,b) Band energy gap as a function to a) etching time with different current density ,b) currents density with the different etching time . Respectively Figure (6) show the band energy gap versus the porosity for three different current density of the samples and deferent etching time. The band gap energy value is not linearly increased with increasing porosity because the change in the structure size of the silicon. The results show the dependency of the band gab energy value to the current density especially in high porosity [16] Figure (6) .band gap energy as a function to porosity with different current density. Table (1) .the values of porosity, band gap energy, and PL peaks intensity for porous silicon with different current density and different etching time Table (1) shows that the band gap energy increases from ( 1.82 ,1.90,194,and 1.97 ) ev to (1.86,1.91,196,and 2,01) in etching time (20,40,60,and 80 )min respectively when the current density increasing from 10 to 20 ,also the increases the band energy gap from ( 1.86,1.93,196,and 2,01) ev to ( 1.93,1.97,2.01 ,and 2.07 ) in the etching time20,40,60,and 80 )min respectively when the current density increasing from 20 to 30. The results show an increase the band energy gap when the etching time increasing. That mean the band energy gap depended of the current density and etching time . the results shown the band gap energy is increased with etching time , it is increase from (1.82,1.86,and 1.93 ) ev to (1.90 , 1.93 , and 1.97 ) ev in the current density (10,20,and 30) mA/cm2 respectively when the etching time increasing from 20 min to 40 min . as well to another etching time from 40 min to 60 min and from 60 min to 80min . Conclusion. In summary. The results show for the effects the etching time and current density to the band energy gap and the porosity. In this experimental the band energy gap is increased with increasing the current density the band gap energy increases from ( 1.81 ,1.88,194,and 1.99 ) ev to (1.86,1.91,196,and 2,01) in etching time (20,40,60,and 80 )min respectively when the current density increasing from 10 to 20 , . as well to another current density ,also the band energy gab is increased from (1.81,1.86,and 1.93 )ev to (1.88 , 1.91 , and 1.97 ) ev in the current density (10,20,and 30) mA/cm2 respectively when the etching time increasing from 20 min to 40 min . as well to another etching time . Acknowledgment The authors would like to thank Physics Department in the University Putra Malaysia for providing the research fealties. References [1]Canham, L.. (1990). Silicon quantum wire †¦Ã¢â‚¬ ¦Applied Physics Letters,57(10), 1046-1048. [2]Lehmann, V., Gà ¶sele, U. (1991). Porous silicon formation: A quantum wire effect.Applied Physics Letters,58(8), 856-858. [3] Searson, P. C., Macaulay, J. M., Ross, F. M. (1992). Pore morphology and the mechanism †¦Journal of applied physics,72(1), 253-258. [4] Hummel, R. E., Morrone, A., Ludwig, M., Chang, S. S. (1993). On the origin of photoluminescence †¦Applied physics letters,63(20), 2771-2773. [5] Calderà ³n, A., Alvarado-Gil, J. J., Gurevich, Y. ., Cruz-Orea, A., Delgadillo, Vargas, ., Miranda, L. (1997). Photo-thermal characterization †¦.Physical Review Letters,79(25), 5022. [6] Joubert, P., Abouliatim, A., Guyader, P., Briand, D., Lambert, B., Guendouz, M. (1995). Growth and luminescence of n-†¦. Films,255(1), 96-98. [7Lockwood, D. J. (1994). Optical properties of porous silicon.Solid State Communications,92(1), 101-112. [8] Beale, M. I. J., Benjamin, J. D., Uren, M. J., Chew, N. G., Cullis, A. G. (1985). An experimental and †¦Ã¢â‚¬ ¦ porous silicon.Journal of Crystal Growth,73(3), 622-636. [9] Hummel, R. E., Chang, S. S. (1992). Novel technique †¦Applied physics letters,61(16), 1965-1967. [10]Maeda, Y., Tsukamoto, N., Yazawa, Y., Kanemitsu, Y., Masumoto, Y. (1991). Visible photoluminescence †¦ matrices.Applied physics letters,59(24), 3168-3170.). [11]Lemus, R.G., Rodriguez, C.H., Hander, F.B. and Duart, J.M.M. 2002. Anodic and optical characterisation †¦Ã¢â‚¬ ¦. Solar Energy Materials Solar Cell 72:495-501 [12] Bisi, O., Ossicini, S., Pavesi, L. (2000). Porous silicon: a quantum †¦Ã¢â‚¬ ¦Surface science reports,38(1), 1-126. [13] Nguyen, T. P., Le Rendu, P., Tran, V. H., Parkhutik, V., Esteve, R. F. (2000). Electrical and optical †¦Ã¢â‚¬ ¦. silicon structures.Journal of Porous Materials,7(1-3), 393-396. [14] Hirschman, K. D., Tsybeskov, L., Duttagupta, S. P., Fauchet, P. M. (1996). Silicon-based visible light†¦..microelectronic circuits. [15] Bernini, U., Lettieri, Maddalena, P., Vitiello., Francia. (2001). Evaluation of the thermal conductivity of porous †¦Journal of Physics: Condensed Matter,13(5), 1141. [16] Rajabi, M., Dariani, R. S. (2009). â€Å"Current improvement †¦Ã¢â‚¬ ¦Ã¢â‚¬ Journal of Porous Materials,16(5), 513-519. [17] Sheng, C. K., Mahmood Mat Yunus, W., Yunus, W. M. Z. W., Abidin Talib, Z., Kassim, A. (2008). Characterization of thermal†¦Ã¢â‚¬ ¦. B: Condensed Matter,403(17), 2634-2638. [18] Srinivasan, R., Jayachandran, M., Ramachandran, K. (2007). Photoacoustic studies †¦Ã¢â‚¬ ¦..Crystal Research and Technology,42(3), 266-274. [19]Ee, D. T. J., Sheng, C. K., Isa, M. I. N. (2011). Photoluminescence of porous †¦Ã¢â‚¬ ¦..Malaysian Journal of Analytical Sciences,15(2), 227-231.

Accounting Article Analysis :: Business Accounting Ethics

Accounting Article Analysis One of the foremost problems facing the accounting profession today is the loss of respect that faces accountants in light of recent accounting scandals. In order to regain lost respect in the accounting profession an accountant must have integrity and ethics that are above and beyond the norm. This fact is true whether the accountant works for a business entity or for a government entity. In either situation the accountant is responsible for remaining steadfast, not only in professional behavior, but in personal behavior as well. In recent years, accountants have come under fire by the general public for unethical decisions, a reputation that, although only a few individual accountants were guilty, the entire profession was found guilty of, in the court of public opinion. Now, the accounting profession must be far more diligent in governing themselves, and in assuring those dependent upon their decisions, that they are above reproach. This is especially true of those accountan ts responsible for government funds, which can be scrutinized by the public. The public seem to have set more rigorous standards than business investors, of what is proper use of the funds available. They will not tolerate waste or misappropriation of funds and demand complete accountability. Accountants must stand ready, willing, and able to answer any and all questions that may be put forth, and be able to prove that the decisions that have been made were correct and proper. This includes not only following the letter of the law, but avoiding any decisions that, while being legal, would not be totally ethical and above board. An accountant is trusted with confidential information which must remain confidential, unless it has led or could possibly lead to illegal activity, in which case, of course, the information, must be reported immediately to the proper authority.

Meaning of Arbitration

Courts are over bounded with a large number of cases and their disposal takes long time. Therefore a need was felt for a faster dispute resolving mechanism. That’s why â€Å"Arbitration Act† was provided with a view to give speedy justice to the people and also to avoid unnecessary court case expenses. It is an informal dispute settlement mechanism. Bangladesh has recently enacted a new arbitration law, known as â€Å"The Arbitration Act, 2001. The Act came into force on April 10, 2001. The Act has repealed The Arbitration (Protocol and Convention) Act, 1937 and The Arbitration Act, 1940. With this new enactment Bangladesh has kept pace with the recent trends in the field of international arbitration in the rest of the world. According to the topic of this assignment, I also agree that although arbitration was introduced for settling dispute but it is not serving it purpose entirely and precisely. Now I’m going to discuss about the reasons which are making difficulty for arbitration to serve its purpose completely. Meaning of Arbitration: Before discussing about the ineffectuality’s of arbitration, first we should briefly know what Arbitration really means. The word â€Å"Arbitration† means mediation, negotiation, adjudication etc. This means settlement of arguments, disagreement, and clash between two parties. It is a process in which a disagreement between two or more parties is resolved by impartial individuals, called arbitrators, in order to avoid costly and lengthy court case or legal actions. Arbitration is the most traditional form of dispute resolution. Arbitration is a binding procedure. It is often administered by a private organization that maintains lists of available arbitrators and provides rules under which the arbitration will be conducted. Such organizations can also manage the arbitration in whole or in part. Parties often select arbitrators on the basis of substantive expertise. Arbitration is adjudicatory, as opposed to advisory, because of the fact that the arbitrator (usually a retired judge or attorney) renders a decision at the end of an arbitration hearing, and that decision is final and binding, subject only to a very limited court review. Arbitration is sometimes referred to as â€Å"non-binding† if the parties agree to make it so, but that is really a misnomer. Think of arbitration as a binding, adjudicatory process. Arbitration is a process of resolving a dispute or a grievance outside a court system by presenting it for decision to a neutral third party. Both sides in the dispute usually must agree in advance to the choice of arbitrator and certify that they will agree to the arbitrator's decision. The Arbitration procedures differ from the procedures of courts, especially presentation of evidence. Arbitration avoids costly litigation and offers a relatively speedy resolution as well as privacy for the disputants. The main disadvantage is that setting guidelines is difficult therefore the outcome is often less predictable than a court decision. The reasons for selecting Arbitration rather than Court: * Speedier resolution; however, there can be exceptions due to multiple parties, arbitrators, lawyers and litigation strategy. * Less costly; however, there can be exceptions due to multiple parties, lawyers, arbitrators and litigation strategy. Not a public hearing; there is no public record of the proceedings. Confidentiality is required of the arbitrator and by agreement the whole dispute and the resolution of it can be subject to confidentiality imposed on the parties, their experts and attorneys by so providing in the arbitration agreement. * From defense point of view, there is less exposure to punitive damages and run away juries. * Limited discovery because it is controlled by what the parties have agreed upon and it is all controlled by the arbitrator. Often, the arbitration process is less adversarial than litigation which helps to maintain business relationships between the parties. * The arbitration is more informal than litigation. * The finality of the arbitration award and the fact that normally there is no right of appeal to the courts to change the award. So after the discussion we can say that, arbitration is a dispute resolution processes in which the disputing parties present their case to a third party intermediary (or a panel of arbitrators) that examine all the evidence and then make a decision for the parties. This decision is usually binding. Like court-based adjudication, arbitration is adversarial. The presentations are made to prove one side right, the other wrong. Thus the parties assume they are working against each other, not cooperatively. Arbitration is generally not as formal as court adjudication, however, and the rules can be altered to some extent to meet the parties’ needs. Why arbitration as dispute settlement mechanism is not effective: Now let’s discuss the about the chapters of arbitration which are making Arbitration less effective. Although settling dispute through arbitration is one of the most traditionally approved to methods for resolving disputes between individuals and parties, there are some lacking. Some disputes may not prove best resolved through arbitration either. Arbitration, itself, is a process of two parties mutually agreeing to allow a third, impartial party make a decision regarding an outstanding dispute. The decisions from an arbitrator are legally binding, and are enforceable in the court of law per the Arbitration Act, as well as numerous state and local laws following the federal legislation. Unless in cases of corruption, fraud, or other circumstances that would affect an arbitrator’s ability to remain neutral, almost all arbitration rulings are final. Additionally, the courts may rule against the decision and rulings of an arbitrator if the decision is against one party without basis. Arbitration also leaves no room for an appeals process in the vast majority of instances. This is a risk parties and individuals should seriously assess prior to engaging in arbitration, as well as when considering the methods for resolving their disputes. Following are some limitation which makes arbitration less effective: * There is no right of appeal even if the arbitrator makes a mistake of fact or law. However, there are some limitations on that rule, the exact limitations are difficult to define, except in general terms, and are fact driven. * There is no right of discovery unless the arbitration agreement so provides or the parties stipulate to allow discovery or the arbitrator permits discovery. * The arbitration process may not be fast and it may not be inexpensive, particularly when there is a panel of arbitrators. An arbitration award cannot be the basis of a claim for malicious prosecution. * Except in certain circumstances, non-signatories of the arbitration agreement cannot be compelled to arbitrate. * The large cost of legal fees in litigating a dispute. * The ability of parties to appeal to a higher court after losing at the trial court level and the lack of finality. * The fact that neither the jury or the judge may not have any knowledge nor experience with the subject matter of the dispute between the parties which results in the parties having to educate the judge as to the law and custom and practice. The ability to appeal to higher court adverse rulings on procedural. * Unknown bias and competency of the arbitrator unless the arbitration agreement set up the qualifications or the organization that administers the arbitration, has pre-qualified the arbitrator. Also, in the arbitration process, there is a limited period of discovery, which can lead to surprise evidence or testimony occurring during an arbitration process, which a party may or may not be able to effectively refute at the time of their arbitration hearing. Likewise, there is no jury to decide the outcome of a dispute, but rather, the decision rests solely in the hands of the arbitrators, whom usually consist of one individual or a panel of three persons, that may or may not be able to remain entirely impartial during all proceedings regarding all matters. Why â€Å"Arbitration Act 2001† is not fully serving according to its purpose? Arbitration in Bangladesh is governed by the Arbitration Act 2001. This Act repealed both the Arbitration (Protocol and Convention) Act 1937 and the Arbitration Act of 1940 and consolidates the domestic and international arbitration regime in Bangladesh. In mid-2004, the Bangladesh Council of Arbitration (BCA) was established as an arbitral body. The BCA rules have not yet been finalized. Arbitration in Bangladesh is governed by the Arbitration Act 2001. This is based on the UNCITRAL model law. Here are some reason for which Arbitration Act 2001 is failing to serve the purpose for which it was enacted: * There are difficulties in enforcing arbitration awards in Bangladesh. The difficulty is greater if it is a foreign party seeking to enforce an award against a local party. Where the arbitration is convened abroad, there have been instances where the Bangladeshi courts have allowed legal proceedings which interfered with the issues raised in the foreign arbitration. The Act provides that an international arbitral award can be enforced as if it were a decree of the domestic court. * Arbitration varies on the subject matters that mean weather parties will go for arbitration or not it depends on the context of arbitration contract. That contract has to be a written contract. Moreover, only those disputes on which parties has agreed previously will be considered as arbitration context. So, if someone wants to add another context which is far more important as well can’t do it as it was not mentioned before. * In case of cost it also may be huge sometimes. Although it is considered that parties goes for arbitration for lowering the cost of court case still some arbitrator may ask for big amount of money from the parties. So fee of the arbitrator is both expensive and inexpensive. As for the parties who does not want to give huge amount of money faces difficulties for going for arbitration. Generally, costs are not awarded to the winning party, although there is no law preventing the tribunal from doing so. * Thus, according to the new Bangladesh Act, a party to international commercial arbitration has to qualify as: (i) an individual who is a national of, or habitually resident in, any country other than Bangladesh; (ii) A body corporate which is incorporated in any country other than Bangladesh; (iii) A company or an association or a body of individuals whose central management and control is exercised in any country other than Bangladesh; or (iv) The government of a foreign country. This means that a commercial dispute between two Bangladeshi nationals having places of business even in different States cannot be considered the subject matter of international commercial arbitration under the new Act, which would be otherwise possible under the Model Law * In section 3 of Arbitration Act 2001, it says that this act will be only applied if the place of arbitration is in Bangladesh. * The Arbitration Act does not make provision for confidentiality in arbitration proceedings. If this is important to the parties then this should be dealt with in the arbitration clause. They are bound to maintain confidentiality. But they don’t maintain it properly. * There are no available institutional rules specific to Bangladesh. Parties are free to agree on the rules to govern the arbitration. In the absence of an agreement, and where the rules selected by the parties do not cover a particular circumstance, the Act sets certain default rules. * Under the Act, no judicial authority (including the courts) is allowed to hear any legal proceedings commenced by any of the parties to an arbitration agreement. However, section 7A of the Act contains an exception to this general rule. Under section 7A, the High Court Division, before or during arbitration may, inter alia, take interim protective measures in respect of goods or property included in arbitration agreement. * Under the Act, the only grounds for challenge are if: (i) circumstances exist that give rise to justifiable doubts as to their independence and impartiality (ii) The arbitrator does not possess the qualifications agreed by the parties. Where international commercial arbitration is concerned, a challenge against an arbitrator must first be made to the arbitral tribunal. An appeal against the decision of the tribunal goes to the High Court Division of the Supreme Court. The procedure for challenge may be modified by agreement. * As in court-based adjudication, arbitration outcomes are typically win-lose, not win-win. Thus, the arbitrator usually decides that one side was right and the other wrong. They do not often go out of their way to develop new approaches for meeting the interests of both sides simultaneously, as a mediator would do, though if a win-win solution is apparent, the arbitrator would probably recommend it. Conclusion and recommendation: The prior examination of the new Bangladesh Act, 2001 from a comparative perspective shows that the Bangladesh legal regime has embraced the fundamental tenets of modernization of international arbitration such as (i) party autonomy; (ii) minimal judicial intervention in arbitration; (iii) independence of the arbitral tribunal; (iv) fair, expeditious and economical resolution of disputes and (v) effective enforcement of arbitral awards. This modernization has also been brought about in the context of domestic arbitration. As the new Act is now about ten years old, it will be more mature to express any judgment on its efficacy as an arbitral legal regime and the impact it will have in the future for Bangladesh as a place for settlement of international commercial and investment disputes by arbitration. Certainly, Bangladesh, being a prospective destination for increasing foreign investment in the future, has made a positive step in the right direction by enacting the new law on arbitration. No doubt, there is still room for improvement in the Act itself as indicated above. It must be appreciated that in order to make Bangladesh an attractive place for much-needed foreign investment, for economic growth and development, and for alternative dispute resolution. Bangladesh needs more than a mere piece of legislation on arbitration at the present time. The Government and the judiciary, as well as the legal profession, must take initiatives and make constant efforts towards the development of legal infrastructure and institution building in the field of alternative dispute resolution, including arbitration. In this respect the following tentative suggestions may be worth considering: * When interpreting the new Act Bangladesh courts should not be detracted from the spirit of modernization of arbitration as a global phenomenon. * The members of the judiciary as well as the legal profession must appreciate the reality that in this era of globalization dispute settlement by alternative methods is not only a domestic matter, but also an increasingly growing international phenomenon in the context of cross-border transactions. They have to be open to absorbing international values, norms and principles while performing their professional functions in the field of international dispute settlement. * The need to create a specialist arbitration bench in the High Court Division may arise for the purpose of dealing with international arbitration matters more effectively and professionally. * Specialist bench may be constituted by appointing a certain number of judges in the High Court Division with the appropriate expertise and background in the field of arbitration. The Government, the Bar and the Bench must attend to the development of the culture of arbitration in Bangladesh. Judges and lawyers must be aware of the value of alternative dispute resolution when the courts are heavily overburdened with caseloads. They must actively promote arbitration. * The Government and professional organizations should promote arbitration and ADR and enhance the understanding of them by sponsoring and conducting educational and training programs for both the bar and the bench and for arbitration.

BUS ETHICS

The concept of a soft drink has evolved significantly over the past few decades. Over a period of time, the industry' has broadened by offering more of a variety to its consumers. With health issues on the rise, the industry has made healthier beverages available to consumers. The soda industry consists of many beverage companies, but the industry/s giants are Coca Cola, Pepsi, and Actuary Speeches. The soda industry is represented by the American Beverage Association, and many franchise companies are now members of this Association. Some companies assist and provide funding for scientific initiatives.The American Beverage Association and its companies are unified in wanting to take a leadership role in obesity/nutrition issues (Koshering, 2005). The Center for Science and Public Interest says that teenagers are consuming more high calorie drinks than ever, and fewer diet drinks than in years past, despite growing concerns about obesity (Affairs, 2005). The ASPI and other groups have sought to limit the sale of soft drinks in schools as part of a larger effort to combat the growing problems of childhood obesity and related health issues.Despite all, it is not feasible to blame one food product r beverage as sole contributor to any health issue. Consumers are at liberty to choose for themselves. The soda industry assumes responsibility by educating its consumers on the sugar content in all beverages. In addition, soda companies offer many alternatives to consumers. â€Å"Obesity and other issues are bigger issues in the states than in Washington, and they are tougher to fight in the states because you are dealing with 50 legislatures and maybe 100,000 school boards† (Finniest, 2005, p. 0). About one in every four people aged 18 to 34 drink one or more sodas per day, compared to people 55 or older (Mendel, 2014). It is the responsibility of parents with underage children to monitor their children's soda intake since most soft drinks are high in sugar. The negative effects that will occur when soft drinks are abused are inevitable. Most people are aware that too many sugary drinks can negatively affect their health; however, they continue to over-drink due to lack of concern, flavor, and easy accessibility.Although sugary drinks are the major contributor to the obesity epidemic, and our nation spends $1 90 billion a year treating obesity-related health issues, consumers are still downing soft drinks. Is it the industry negligent if consumers are over drinking? Absolutely not! The industry is not responsible for the amounts of sodas consumers drink; the consumers are! Many people believe that the soda industry is more concerned with its profit than its consumers. All businesses strive to gain profit and target markets where sales will be higher through advertising and marketing; however, consumers are important.Coca Cola is one of the giants in the soda industry. In 2013 Coke launched an anti-obesity advertisement recognizing the sweet ened soda and many other food and drinks that contributed to the obesity epidemic. They then advertised their wide array of calorie-free beverages to encourage consumers to take responsibility for their own drink choices and weight (Chance, 2009). I advocate for the industry because of its continuous effort to gear towards the needs of consumers. The soda industry is constantly satisfying their responsibility by educating the public about the dangers of compulsive consumption of sugary drinks.Sugary drinks combine with caffeine should heighten the awareness of the public and spark consumer attention to its health risk. Explain the Role Capitalism Plays in Corporate Decision Making Capitalism souses on profits driven by sales of products and services to willing consumers. Senior corporate executives generally have authority over the promotion of public goods and are under government control. It is also customary that the distinction be made between public and private sectors. In this industry, capitalism motivates and encourages stronger competition.Competition stimulates the economy, and it encourages productivity. Beverage companies compete through marketing strategies. For example, Coca Cola has an edge on PepsiCo because of its connection with people. Coca Cola conducts a market research study every three years across 55 cities. This market research was constructed around understanding human motivation. For example, human motivation is important to Coca Cola, that same motivation stimulate feelings of belonging, and the desire of affiliation (Saurian, 2013).When making corporate decisions, executives rely on human desire; therefore, the market is limited by what people desire. Capitalism embraces human desires, and corporate decision making play an important role in shaping the collective life of society as a whole. Capitalism plays many oleos; it allows business to sell their products or services at whatever the market accepts. Under the role of capitalism , people are able to work at jobs they so desire. It is in the interest of corporations that an increasingly greater proportion of people have the ability to enjoy the good life (Journeyman, 1993).Discuss if you Believe it is Possible for a Company to Cater to Both its Best Interest and the Consumers Conjointly or if one has to Prevail. When we focus on the success of any business, the first element considered is their customer base. Without loyal customers, the business merely exists ND will soon fail. Often times many employees working for companies forget that customers want to be loyal, it makes them feel good to belong; however, companies forget that loyalty is a two way street.Customers are the meat to any successful business and it is the responsibility of the business to cater to their customers. Maximizing customer satisfaction makes an important contribution to maximizing profits; however, the company is still faced with other factors such as; cost control, marketing, and productivity. These key factors can impact a business's bottom line. When customers are testified there is an opportunity to increase the repeat of sales. When customers are satisfied they tell other customers and in return, businesses profit.

Social Divide between the Rich and the Poor in GustaveFlauberts Madame Bovary essays

Social Divide between the Rich and the Poor in GustaveFlaubert's Madame Bovary essays Throughout history, literature has become an effective medium that reflects and illustrates social events and experiences of a particular period. Furthermore, literary works provide a subjective interpretation of experiences that the author/writer has that are also significant in studying the kind of society and people that lived in a particular period. Gustave Flaubert's "Madame Bovary" provides these functions in a literary piece; his depiction of life of Western society during the 19th century mirrors the rigidly conservative and intolerant nature of the people against individuals who are perceived to be outcasts' or non-conformists among people who follow strict norms within their society. In the novel, Flaubert centers on Madame Bovary, who, after witnessing the elegance and high status of the rich and elite class of the society, aspired for a life similar to theirs. In the process, Madame Bovary wasted her life committing mistakes, like committing adultery, just so she would have the wealth she have always dreamed of. Throughout the novel, Flaubert focused on illustrating to his audience the highly critical society that the Bovary couple lived in; why, in the course of the novel, they became victims of the illusion that wealth will come their way eventually (especially Madame Bovary). This paper discusses, through a character analysis of Charles and Emma Bovary and a study of their life as a couple, how the great social divide between the rich and the poor has led to the tragic end of Emma Bovary's life. The analysis and discussion centers on Part I of the novel, where Flaubert shows the transition of Emma Bovary's character from being a simple village girl to being a desperate social climber' and eventually, Chapter 1 of the novel gives the audience background information about Charles Bovary's childhood and the blatant discrimination that he ex...