Saturday, February 15, 2020

Arbitration Process Versus Litigation Essay Example | Topics and Well Written Essays - 3500 words

Arbitration Process Versus Litigation - Essay Example The law that regulates actual arbitration procedure, next to the specific law or rules that arbitral tribunal has to use in the matter and finally law for recognition and enforcement of the decision of the arbitral tribunal, known as an arbitration award. The laws governing arbitration proceedings may be same but it is not necessarily so always. Since most of the international arbitration take place in a neutral country to which neither the arbitrating parties belong. So the law of the proceedings, as applied to the matter of the case and known as substantive or applied law, may be different from the law of enforcement of the award. For example, an arbitral tribunal sitting in England will have English law for a place of arbitration but may need to apply New York law as substantive law1. Compared to the courts of law, arbitration is a â€Å"primitive’ way to resolve the issues which is simple because of less formality and expense. The person deciding the dispute has the qualification that he is accepted for arbitration by two parties.2 For example, two merchants disputing over damage to their goods would turn to and accept the judgment of a third, fellow merchant. Actually such had been a community practice to maintain peace and harmony among members of business community3. Why International Arbitration? The answer may come from the fact that sometimes the national law is not sufficient to resolve disputes between warring parties. For e.g. A corporation based in the USA contracts another in Germany. The contract is for setting up a power plant in Egypt with any disputes to be arbitrated in London. Now, if a dispute arises and one of the party refuses to arbitrate or the losing party refuses to carry out the award. No national law can resolve the dispute in such case and is an International treaty was necessary to link the national laws and respecting the award (see footnote 1 p. 4).

Sunday, February 2, 2020

Tourism development Essay Example | Topics and Well Written Essays - 1000 words

Tourism development - Essay Example In fact, there are many unique and new developments in tourism. This paper will examine three types of tourism developments that have changed in recent years. The first item we will examine is the rise of ‘green’ or eco-tourism. Next, we will examine World Heritage Site tourism, which is a branch of more traditional style historic destination travel. Finally, we will look at ‘pro-poor’ tourism, or travel set up to benefit local impoverished economies. In addition to examining these three types of tourism, we will see the advantages of each and the overall benefits of each as compared to more traditional tourism. The first area of change in regards development approaches to tourism is with green or eco-tourism. Uddhammar (2006, p. 659) defines eco-tourism as tourism that: (1) contributes actively to the conservation of natural and cultural heritage; (2) includes the local communities in it’s planning, development, operation, and well-being; (3) interprets the natural heritage of the destination to visitors; and (4) lends itself best to independent travelers or small size organized groups. (Uddhammar,2006, p.659). Eco-tourism would encompass more than random nature tourism. Mergg (2007, p. 3) gives key elements that would distinguish eco-tourism, such as minimizing the impact of various infrastructures. This includes limiting hotels and other buildings by using local materials that are safe, recyclable, and sensitive in design to the ecosystem. Also, Mergg emphasizes how education is a substantial part of the eco experience. Before the trip, the tourists should have read educational materials on the area and be trained on how to minimize their impact to the environment. A code of conduct should be in place along with well trained guides to make sure the vacation goes as intended. Finally, before the trip occurs, partial revenue streams involved such as plane fare would help benefit the area. Mergg goes on to