MOBBING AND BULLYING IN THE WORKPLACE Barbara Byrd‚ Ph.D.* Deborah Mailander‚ J.D.** Helen Moss *** Introduction Over the past 15 years in the U.S. and Canada‚ the phenomena of workplace bullying and mobbing (bullying by a group rather than an individual) have been widely discussed and debated. There is a growing consensus among lay people and scholars on the definition of workplace bullying‚ its causes‚ and its effects on individuals as well as on the workplace itself. At the same time
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ALICE M. BATCHELDER‚ Circuit Judge. Page 807 512 F.3d 807 (6th Cir. 2008) 85 U.S.P.Q.2d 1481 NCR CORPORATION‚ Plaintiff-Appellant‚ v. KORALA ASSOCIATES LTD.‚ Defendant-Appellee. No. 06-3685. United States Court of Appeals‚ Sixth Circuit. Jan. 16‚ 2008 Argued: Feb. 1‚ 2007. Appeal from the United States District Court for the Southern District of Ohio at Dayton. No. 04-00407-Michael R. Merz‚ Magistrate Judge. Page 808 [Copyrighted Material Omitted] Page 809 [Copyrighted Material Omitted] Page 810
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by the process of arbitration then they may not take this to court. More specifically‚ Thomas Baker and others may not sue the builder in court but they could still dispute the scope of arbitrable issues stating they do not involve defects within the house. Now a similar case of disputing the scope of arbitrable issues was NCR Corp v Korala Associates‚ Ltd. NCR took the judgment of arbitration to the court but “because the arbitration clause in the 1998 Agreement was so broad‚ the appellate court
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It is not uncommon today to see dispute arising out of documents other than the Articles of the Company. In today’s scenario we see countless number of disputes arising out of such other documents‚ be it shareholders agreement or any other form of Joint Venture Agreement. Our court rooms and arbitration tribunals are crammed with such contest. It generally takes place when an investor is introduced in the company and a shareholder’s agreement is executed containing terms and conditions regarding
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these. This Paper seeks to answer the question of whether tax is arbitrable particularly in Uganda. It analyses writings and materials on the history of this matter and the practice in different countries. It examines case law and tracks developments overtime. It analyses the laws of Uganda and examines the rulings of the Ugandan Courts in a recent arbitration case involving an oil company. In conclusion it finds that tax is arbitrable in Uganda. PRESENTED TO: Prof Peter Cameron CONTRACT CONCERNING
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TO: Lisa RE: ADR Assignment 1 DATE: March 13‚ 2012 FROM: Dani Prefontaine Maria‚ a client in Buffalo‚ New York calls and says‚ “as you Know‚ I am a contractor who specializes in repair of problems that arise in commercial buildings. I’m thinking of inserting a provision in all of my contracts that requires any dispute to first be mediated and if that does not work‚ to be arbitrated by an arbitrator who is a member of the American Arbitration Association. I am nervous as to whether
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5.2.2 Law applicable to the Legal Capacity. 5.2.3 The legal capacity to enter into an agreement. 5.3 The agreement must be made in writing. 5.3.1 Summary. 5.4 It must arise out of a defined Legal Relationship. 5.5 The subject matter must be Arbitrable. 5.6 Summary. 6. Termination of the Arbitration Agreement. 6.1 Termination if the Arbitration Agreement by Mutual Consent. 6.2 Other Possible grounds for Termination. 6.2.1 Grounds related to the Parties. 6.2.2 Grounds related to the Arbitration
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1. Sion Soleimany (Appellant‚ United Kingdom) v. Abner Soleimany (Respondent‚ United Kingdom) Court of Appeal‚ Civil Division‚ 30 January 1998‚ United Kingdom Facts Sion Soleimany (hereinafter referred to as the father) and his son‚ Abner Soleimany (refers as the son) were engaged in the export of Persian carpets from Iran. Between 1980 and 1983‚ the son arranged for the export of the carpets from Iran in contravention of Iranian Revenue laws and export controls. The carpets were sold by the father
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JUDGMENT V.N. Khare‚ CJI 1. This appeal which arises out of a judgment and order dated 23-11-2001 passed by the High Court of Kerala at Ernakulam revolves round the question as to whether an arbitration clause in a contract agreement survives despite purported satisfaction thereof. 2. The parties to this appeal entered into an agreement for a project at Kayamkulam. Upon completion of the work the respondent herein submitted final bill which was allegedly not accepted by the appellant‚ where
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1 Paper 6 Conciliation and ADR in India - Murali Neelakantan Synopsis : A. Introduction : ADR in India History of ADR in India ADR in Modern India Litigation in India - the need for ADR Judicial approach to ADR in India Arbitration and Conciliation Act‚ 1996. Conciliation Conciliation v. Arbitration Conclusion B. C. D. E. F. G. * Nishith Desai Associates‚ International Legal & Tax Counsellors‚ Mumbai‚ India . Tel.# : 91 + 22 + 282 0609/ 2040068. Fax# : 91 + 22 + 287 5792. E-mail :
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