Arbitration in Construction Disputes A Procedural and Legal Overview ARBITRATION IN CONSTRUCTION DISPUTES A Procedural and Legal Overview By OON CHEE KHENG BE (Civil) (UNSW)‚ LLB (Hons)‚ MBA‚ CLP‚ MIEM‚ PEng (M) Advocate and Solicitor A paper based on a lecture delivered on 24 May 2003 in Seremban to The Institution of Engineers‚ Malaysia (Negri Sembilan Branch) 1.0 INTRODUCTION Contrary to popular belief and knowledge‚ arbitration is not the only means of resolving disputes arising
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Arbitration Final Paper Name: Nikhil Mathur I.D: 20100102 Index 1) Introduction p. 3 2) Party Autonomy v. Procedural Safeguards p. 4 3) Why can’t the courts be trusted? p.5 a) The issue of Public Policy
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Arbitration Award and Opinion ISSUE The parties stipulated the following issue: (1) Does the collective bargaining agreement (CBA) require the employer to have “just cause” to fire an employee‚ even if the language is not in the CBA? FACTS A truck drive was discharged for failing to make timely deliveries and not using the quickest‚ most direct route as previously instructed. The company warehouses and distributes wholesale floor covering products and operates from several locations. The driver
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Week 4 Case Study – Arbitration Versus Class Action What Should the Judge Do? 1. The judge should let the arbitration proceed as Mr Groetsch has the right to pursue any action that he believes is necessary to advance his claim. Class action suits normally take longer to prosecute because attorneys want to find and represent as many claimants as possible. Attorneys handling the litigation receive a substantial fee from the compensation settlement whereas the cost of arbitration is minimal. Litigation
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voting. In America‚ they hold elections at the local‚ state‚ and federal level. In the elections the voters choose among the leaders of political parties for the open office position. America has two major political parties: Democrat and Republican. There are more political parties than that‚ but with the way the electoral process works most third parties are doomed to fail since they will not get the popular vote. Though for President and Vice President the popular vote does not matter since the Electoral
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auditors’ liability for ordinary negligence to third parties under common law. Why is this area of auditors’ liability so complex? Legal precedent differs by jurisdiction (state by state). Third party must prove: 1. auditor had a duty to the plaintiff to exercise due care 2. auditor breached that duty by failing to act with due professional care 3. direct causal connection between auditor’s negligence and third party’s injury 4. third party suffered an actual loss as a result If the auditor
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The Third Party Syndrome in the Philippine Cinema: Psychoanalysis’ Perspective “Kaya kabit ang tawag sa kanila kasi daig pa nila ang epoxy kung kumabit. Kaya querida kasi mga kiri. Kaya mistress kasi nakaka-stress.” -Jaclyn Jose‚ A Secret Affair (2012) No Other Woman. The Mistess. A Secret Affair. These films are just a few of the recent offerings of ABS-CBN Star Cinema‚ one of the leading production houses in the country. Aside from all being acclaimed films‚ these three all revolve around
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The History and Role of Third Parties in the United States For almost two centuries has the political party system of the United States been under a two-party system. The Democratic Party‚ founded in 1828 by Andrew Jackson‚ and the Republican Party‚ founded 1854 by anti-slavery activists‚ members of the upper class‚ and former members of the defunct Whig Party‚ have dominated the two party system since their establishment. The two-party system of the United States was not intended by the founding
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INTERNATIONAL COMMERCIAL ARBITRATION RESEARCH PAPER RESEARCH TOPIC: ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION IN INDIA: ISSUES AND CHALLENGES IN INTERNATIONAL COMMERCIAL ARBITRATION. TUTOR NAME: PROFESSOR DR. FRANCIS JULIAN STUDENT NAME: GAURAV SHARMA INTRODUCTION Foreign direct investment (FDI) has played an important role in the process of globalization in India during the past two decades. Despite the increasing inflow of foreign capital in the Indian economy‚ India’s
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Going to the RISD art museum happened to be a little more hassle than we expected it to be. I went there first with Tom on Friday the 22nd and we got there 4:45 which happened to be 15 min before closing. So we had to go home and come back on Tuesday the 26th. Once we finally got in it was very nice‚ we started on floor 3. The part we started on had very modern architecture with cream white plaster walls and cement floors with lighting from above. The lighting lit the pieces very well as it should
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