Why did the Great Divergence Occur - 1384 Words

The Great Divergence is term used to portray the gradual shift of dominance that Europe gained by establishing itself as the most powerful world civilization by the 19th century. While a case could be made that the Great Divergence occurred because of the pre-eminence of Europe and Britain, as well as their supposed superiority in invention and innovation above anywhere else in the world, this argument is flawed. A more compelling argument would be to state that it was rather through the geographical advantages that Europe obtained that lead it into eventually becoming the most powerful civilization after 1500 A.D., as this essay will strive to demonstrate. A case could be made that the Great Divergence ultimately grew on the basis of†¦show more content†¦McNeil is also critical of Landes’ preoccupation in the happenings of Europe alone, while remaining dismissive of all economic and technological accomplishments of China after 1 000 A.D. While Landes dismisses the economic demise of China as a â€Å"weird pattern of isolated initiatives and Sisyphean discontinuities,† McNeil instead portrays the rapid innovations of the Sung era, and how they were damaged and disrupted by Mongol conquests and contained within the Ming dynasty, thereby showing that Europe did not surpass Europe in achievement due to their own pre-eminence. Furthermore, while Landes bestows Europe with the accountability of â€Å"invention of invention,† many of the ground-breaking inventions that the world saw in the 15th century were generated in non-European societies. In 895 A.D., China saw the invention of gunpowder. While initially used for flame throwing, it was soon used in bombs, grenades and rockets by 1231 A.D. This opposes the theory that Europe took initiative to employ gunpowder in warfare while China merely used it for leisurely purposes, including flame throwing. Printing and paper-making were also invented in China, and ultimately led to the widespread use of paper currency and the printing of literature. China also saw the innovation of printing by paving the way towards other inventions such as wallpaper, tissue paper, toilet paper and certain articles of clothing. Many of theseShow MoreRelatedThe Great Divergence : China, Europe And The Making Of The Modern World Economy Essay1726 Words   |  7 Pagesquest ions: Why did the Malthusian Trap persist so long? Why the Industrial Revolution occur in England, in1800? Why did the consequent Great Divergence appear? The general answers are: the slow rate of technology advances; the survival of the richest which helps to transmit middle class consciousness; the differences in efficiency caused by labour quality. Thus, Clark considered the success of England more inclined to the culture aspect. Kenneth Pomeranz, the author of The Great Divergence: China,Read More Essay on Number Theory1704 Words   |  7 PagesFibonacci numbers appear in nature is the rabbit family line (and bee family line as well). Another strange way in which the Fibonacci numbers relate to nature is the plant kingdom. Because of these strange relationships, I ask the question: How and why do the Fibonacci numbers appear in nature? In this paper, I will attempt to answer this question. Pascal?s Triangle - Golden Rectangle 2 The man behind the Fibonacci numbers, Leonardo Fibonacci, was born in Pisa in 1175 A.D. During his life, he wasRead MoreThe New Geography Of Jobs1252 Words   |  6 Pagescause of the divergence of the economy in the United States is that cities until nowadays have a traditional economy and they did not shift to knowledge or human capital economy. However, on the opposite side, many cities took advantage of the human capital and invested their forces to be a high-tech market. The book, â€Å"The New Geography of Jobs† of Enrico Moretti is a perfect tool that explains the reasons why this might happen. The book focuses in to explain why the â€Å"Great Divergence† which the AmericanRead MoreEssay on Literary Analysis on Revelation794 Words   |  4 Pagesby her personal upbringing in the South. She lived in the time where people from the South were very intolerant and narrow-minded towards people who had a different lifestyle and who were of a different race. Because S outherners believed people who did not live up to their wealth or status were inferior, it offered O’Connor the exact descriptions she wanted for the characters in this story. The main character in this story, Mrs. Turpin, is extremely prejudice and uses many terms of racial terminologyRead MorePleistocene Ecosystem1114 Words   |  5 Pagesthe Death Valley Region (Fig. 1; Miller 1981). These pluvial lakes would have allowed fish passage between what are now isolated basins. As the rivers eroded the landscape and the climatic conditions began to change at the end of the last ice age so did the waterways within the Death Valley region. Water tables dropped and aquatic habitat became more and more fragmented (Martin Wilcox 2004). Discussion Many genetic studies of the Western pupfish clade have been conducted over the years. A varietyRead MoreOrganizational Deviance And Termination And Interagency Collaboration1633 Words   |  7 Pages(Giblin, 2014, 130). The court system, the crime lab and the witness eye testimonies were all inconclusive and did not match up. For example, the offenders were described one way but Sutton was not remotely similar to the description. Later, DNA that was recovered was concluded that it could not have been his. After serving some of his prison sentence, Sutton was finally released. This is a great example of organizational failure and deviance. There are many terms to describe organizational devianceRead MoreHow Organizations Can Be Deviant And Ultimately Terminated1622 Words   |  7 Pages(Giblin, 2014, 130). The court system, the crime lab and the witness eye testimonies were all inconclusive and did not match up. For example, the offenders were described one way but Sutton was not remotely similar to the description. Later, DNA that was recovered was concluded that it could not have been his. After serving some of his prison sentence, Sutton was finally released. This is a great example of organizational failure and deviance. There are many terms to describe organizational devianceRead MoreWhat Does The Cambrian Explosion Tell Us About Evolution?1754 Words   |  8 Pagesgradual change over time – otherwise known as uniformitarian theory (Erwin, 2011). This inconsistency begs the question: What does the Cambrian explosion tell us about evolution? Are we simply missing information, and the process is indeed gradual – or did something unusual and fairly rapid happen in Cambrian? Knowledge of relationships between animals may allow us to deduce the answer: the two main branches of the animal tree are protostomes and deuterostomes, while the trunk of the tree includes spongesRead MoreThe Origin Of Life And Evolution1744 Words   |  7 PagesThe integration of reason and thought with the methodology of science in most human activities has enabled a great deal of scientific and technological advancements for humanity in the last centuries. On the contrary, even though it is nearly 150 years since the Origin of Species (Charles Darwin, 1859), it seems paradoxical that there are still a great significant amount of people who maintain an anti-darwian position on the origin of life and species. A poll done by Gallup Institute in 2004 showedRead MoreA Higher Power1392 Words   |  6 Pageseach other. One by one, each person steps outside, each feeling spiritually rejuvenated and prepared to face the day. Regardless of the specific belief, there is no question that faith in a religion or a higher power is the very foundation inspires a great majority of society. It is the force that urges humans to fight on through their routinely dismal lives and the force that motivates hard workers to continue their path to eventual prosperity. Considering the magnitude of the term â€Å"a higher power†

Iraq Backlash Free Essays

The main argument in this article is that the continued involvement of the United States in the war in Iraq will lead to unforeseen and even disastrous consequences such as a civil war or even global war given the fact that the United States is ill equipped at dealing with the insurgents and in properly identifying its role in the conflict and the impact of its continued involvement in the war. The writer presents his views by first defining what backlash is and proceeding to show the escalating death toll and skirmishes that have happened in Iraq since the United States has gotten involved. The writer then paints a grim picture of future that lies ahead if the United States continues its policies and involvement in the conflicts in the Middle East and the war in Iraq. We will write a custom essay sample on Iraq Backlash or any similar topic only for you Order Now The view presented by the writer is correct to the extent that the continued involvement of the United States could indeed make them the victim of unforeseen and disastrous consequences such a rising casualties of the armed forces currently stationed there and of the civilians. The continued involvement in Iraq could also be detrimental to the United States economy as any conflict in the Middle East causes the price of oil to rise and directly affects the economic output of any country. A prolonged war, as in this case, caused by continued United States involvement will definitely affect its economy in the long run. The writer however is too quick to point out that global war will be the direct effect of such actions. There is no substantial evidence to show that this will indeed result to a world war III or a world war IV. The other world leaders have been quick to show that the United States is acting on its own accord and have refused to lend any aid in the war in Iraq. How to cite Iraq Backlash, Papers

Financial Analysis Of Tesco J Sainsbury Accounting Essay Example For Students

Financial Analysis Of Tesco J Sainsbury Accounting Essay In this study, fiscal place and accomplishments of Tesco plc is compared and adverted with its close rival J. Sainsbury plc for the three fiscal old ages 2008-2010 as listed on the London Stock Exchange. To happen out which company is better for investing, we will transport out perpendicular and horizontal analysis. Decision will be drawn in the terminal after analysing the companies separately on the footing of analysis. We are emphasizing upon public presentation and profitableness indexs which will assist to happen out which company is better for investing. We besides have stressed upon the indexs of sound fiscal place such on the job capital direction, liquidness and solvency. Outline1 J SAINSBURY plc2 J Sainsbury3 Vertical Analysis of Income Statement4 Gross Proi ¬?t5 5.62 %6 Operating Proi ¬?t7 2.97 %8 Proi ¬?t for the i ¬?nancial twelvemonth9 1.84 %10 Profitableness and Performance:11 J Sainsbury12 Horizontal Analysis of Income Statement13 Fiscal Position14 J Sainsbury plc15 Balance Sheet Trend Analysis16 Non-current assets17 18 19 20 21 Current assets22 Entire assets23 Current liabilities24 Net current liabilities25 Non-current liabilities:26 Net assets27 Equity28 29 30 Entire equity31 Liquid and Solvency:32 Working Capital Management:33 TESCO plc34 Tesco plc35 Vertical Analysis of Income Statement36 53 hebdomads ended 28 February 200937 Continuing operations38 Gross ( gross revenues excepting VAT )39 40 41 42 43 44 45 Gross net income46 Operating net income47 48 49 50 Net income before revenue enhancement51 52 53 54 Net income for the twelvemonth55 Performance and Profitableness:56 Tesco plc57 Horizontal Analysis of Income Statement58 59 60 61 62 Tesco Plc63 Balance Sheet Trend Analysis64 Fiscal Position:65 Working Capital Management:66 Decision J SAINSBURY plc The following exhibits show the horizontal and perpendicular analysis of J. Sainsbury s fiscal place: J Sainsbury Vertical Analysis of Income Statement Year 2010 2009 2008 Gross 100.00 % 100.00 % 100.00 % Cost of gross revenues -94.58 % -94.52 % -94.38 % Gross Proi ¬?t 5.42 % 5.48 % 5.62 % Administrative disbursals -2 % -2.22 % -2.81 % Other income 0.14 % 0.30 % 0.17 % Operating Proi ¬?t 3.56 % 3.56 % 2.97 % Finance income 0.16 % 0.27 % 0.47 % Finance costs -0.74 % -0.78 % -0.74 % Share of post-tax loss from joint ventures 0.69 % -0.59 % -0.01 % Proi ¬?t before revenue enhancement 3.67 % 2.46 % 2.69 % Income revenue enhancement disbursal -0.74 % -0.94 % -0.84 % Proi ¬?t for the i ¬?nancial twelvemonth 2.93 % 1.53 % 1.84 % Profitableness and Performance: It can be concluded from above analysis that company is runing in a concentrated market. The cost of goods is devouring more than 90 % of gross revenues gross ensuing in coevals of 5-7 % of gross net income. The company is gaining negligible net income of 1.8 % 3 % on gross revenues gross in three old ages while other disbursals are of no effects. As gross revenues growing is equal to mean rate of rising prices, so we can detect from horizontal analysis of income statement shown below that the market is non turning and there is no existent growing in gross revenues. This besides shows that net income figures of fiscal twelvemonth 2008-2009 have decreased finally. J Sainsbury Horizontal Analysis of Income Statement 2010-2009 2009-2008 Gross 5.56 % 6.02 % Cost of gross revenues 5.63 % 6.18 % Gross Proi ¬?t 4.44 % 3.39 % Administrative disbursals -5 % -16.33 % Other income -52.63 % 90.00 % Operating Proi ¬?t 5.49 % 26.98 % Finance income -36.53 % -37.35 % Finance costs 0.00 % 12.12 % Share of post-tax loss from joint ventures 24.32 % 5450 % Proi ¬?t before revenue enhancement 57.29 % -2.71 % Analyzed as: Underliing Proi ¬?t before revenue enhancement 12.33 % 11.27 % Proi ¬?t on sale of belongingss -53.63 % 714.29 % Investing belongings just value motions -0.80 % 0.00 % Financing just value motions 50.00 % 150.00 % One-off points 0.00 % -100.00 % 57.29 % -2.71 % Income revenue enhancement disbursal -16.38 % 18.00 % Proi ¬?t for the i ¬?nancial twelvemonth 102.42 % -12.16 % Even though the gross revenues seems to turn from 4 % 6.02 % in the fiscal twelvemonth 2008-2009 but has decreased from 6.02 % 5.56 % in 2009-2010. The gross net income per centum has decreased from 5.62 % to 5.48 % during the twelvemonth 2008-2009 and from 5.48 % to 5.42 % in the twelvemonth 2009-2010. Contrary the operating net income has increased during 2008-2009 from 2.97 % to 3.56 % and has remained changeless during the clip period of 2009-2010. This shows that the profitableness of the company has risen during the above mentioned fiscal twelvemonth. In order to stay profitable the company needs to command its costs as company is already in a concentrated market. Types Of Teachers Essay5.90 % 2,791 5.90 % Share of post-tax net incomes of joint ventures and associates 33 0.05 % 110 0.20 % 75 0.16 % Net income on sale of investings in associates 0.00 % 0.00 % 0.00 % Finance income 265 0.46 % 116 0.21 % 187 0.40 % Finance costs ( 579 ) -1.01 % ( 478 ) -0.88 % ( 250 ) -0.53 % Net income before revenue enhancement 3,176 5.58 % 2,954 5.44 % 2,803 5.93 % Tax ( 840 ) -1.47 % ( 788 ) -1.45 % ( 673 ) -1.42 % Net income for the twelvemonth from go oning operations 2,336 4.10 % 2,166 3.99 % 1,881 2,130 Discontinued operation Net income for the twelvemonth from discontinued operation 0.00 % 0.00 % 0.00 % Net income for the twelvemonth 2,336 4.10 % 2,166 3.99 % 2,130 4.50 % Performance and Profitableness: The fiscal state of affairs of this company is about same as of J. Sainsbury which is because both belong to the retail industry. Again, more than 90 % of gross is the cost of goods. The gross net income per centum is a small spot better than that of its rival which is accounted around 7 % . The operating net income of the company is more than J. Sainsbury which is about 5-6 % and other disbursals are minor. The tendency analysis are exhibited below: Tesco plc Horizontal Analysis of Income Statement 2010-2009 2009-2008 Gross ( gross revenues excepting VAT ) 4.75 % 14.86 % Cost of Gross saless 4.30 % 14.75 % Pensions adjustment Finance Act 2006 Damage of the Gerrards Cross site Gross net income 9.20 % 16.20 % Administrative disbursals 22.35 % 21.52 % Net income originating on property-related points 59.75 % 25.53 % Operating net income 7.82 % 14.87 % Share of post-tax net incomes of joint ventures and associates -70.0 % 46.67 % Net income on sale of investings in associates 0.00 % 0.00 % Finance income 128.44 % -37.97 % Finance costs 21.12 % 91.20 % Net income before revenue enhancement 7.51 % 5.39 % Tax 6.59 % 17.09 % Net income for the twelvemonth from go oning operations 7.84 % 1.69 % Discontinued operation Net income for the twelvemonth from discontinued operation Net income for the twelvemonth 7.84 % 1.69 % Harmonizing to the above analysis, net income has increased by 1.7 % in 2008-2009 and by an optimal amount of 7.84 % in the twelvemonth 2009-2010. The administrative disbursals have increased in 2009 and 2010 because of the decline income by the belongingss. Tesco Plc Balance Sheet Trend Analysis 27 February 2010 2010-2009 A ; lb ; m 2009-2008 A ; lb ; m Non-current assets 6.77 % 34.45 % Current assets ( including non-current assets held for sale ) -12.71 % 113.95 % Current liabilities -8.97 % 71.44 % Net current liabilities 3.25 % 3.86 % Entire assets less current liabilities 7.29 % 40.54 % Non-current liabilities 1.75 % 88.31 % Net assets 13.75 % 8.43 % Equity attributable to proprietors of the parent 13.59 % 8.75 % Minority involvements 49.12 % -34.48 % Entire equity 13.75 % 8.43 % Fiscal Position: The liquidness state of affairs of the company is non every bit much as observed in the current ratio which is critically low. These ratios require more attending even they are increasing from 2008 to 2010. Debt ratio is the index of long-run fiscal stableness, it shows a major growing of debt in balance sheet over the old ages which should be controlled to stay changeless financially. Working Capital Management: In this company, the stock list is turning over more quickly as comparison to the other one debitor s turnover ratio has increased in histories receivable. From above analysis, it is clear that the fiscal state of affairs of Tesco Plc is better than J. Sainsbury. Decision We can detect from the analysis carried out above that the state of affairs of the market is saturated and possibilities of gaining ace net income are minuscular. More than 90 % of gross is spend on the cost of goods sold by both the companies which result in the gross net income of 5-8 % . In order to increase the profitableness in this state of affairs, the cost should be controlled. But Tesco is better option for investing due to following grounds: It is bring forthing a small higher gross net income ; It has kept non-merchandizing costs at lower limit ; It is paying higher dividends ; It is demoing faster growing Both companies have significantly high debt ratio and low current ratio every bit good as quick ratio which show that the fiscal place of none of these companies is impressive.

What Is Love Essay Thesis Example For Students

What Is Love? Essay Thesis Presented to: Mrs. ConnellPresented by: Cory HawkeDate: March 26, 1998What is this thing called love? This simple question begs for an answer. The symptoms oflove are familiar enough. A drifting mooniness in ones behavior and thought, the fact that itseems as though the whole universe has rolled itself up into the person of the beloved, somethingso wonderful that no one on earth has ever felt about a fellow creature before. Love is ecstasyand torment, freedom and slavery. Love makes the world go round. Until recently, scientists wanted nothing to do with it. The reason being that love is lifesmost intense feeling and love is mushy. Science is hard. Anger and fear are emotions that havebeen researched in labs and can be quantified through measurements. Pulse and breathing rates,muscle contractions, etc. Love cannot be charted or measured. Anger and fear have a definiteroll in human survival: fighting or running. Love does not. And since it is possible for humans tomate and reproduce without love, all the swooning and sighing is beside the point. We will write a custom essay on What Is Love? Thesis specifically for you for only $16.38 $13.9/page Order now Up until the past decade, serious scientists assumed that love was all in the head. Now theresearch has become more intense. This may be because of the spreading of AIDS and that casualsex carries mortal risks. Others point to the growing number of female scientists and suggest thatthey may be more willing then their male colleagues to take love seriously. Whatever the reason,science has come around to a view that romance is real. That it is bred into our biology. We have always been influenced by love in our culture. It is a dominant theme in music,television, films, novels and magazines. It is a commercial bliss. People will do or buy anythingwith a promise of romance. Does this imply that love is just a false emotion that we picked up after years of it beingdrilled into our head again and again by society? If romance was purely a figment, unsupportedby any rational or sensible evidence, then surely most would be immune to it by now. But thathas not happened. Love is still in the air. In 1992 a study was conducted by anthropologists William Jankowiak and EdwardFischer. They found evidence of romantic love in at least 147 or the 166 cultures studied. Thisdiscovery should be enough to wipe out the idea that love is an invention of the mind rather than abiological fact. Among the things that anthropologists tended to do in the past was ask questions aboutthe courtship and marriage rituals. This turned out to be the wrong way of going about thin gs. Inmany cultures, love and marriage do not go together. Weddings can have all the romance ofcorporate mergers, signed and sealed for the family or territorial interests. More and more scientists are coming to believe that love is truly a biologicalpredisposition. That we are all scientifically fated to love by our genes and chemicals. A lot ofpeople would just as soon to not want to know. No one knows exactly how to place this mysterious emotion. It comes in many shapesand forms and different people and cultures celebrate it in different ways. But perhaps it is betterthat we dont know the scientifics and just enjoy it. Why pull at such a beautiful and wonderfulthing and try to pick it apart when to the beholder it is already virtually perfect? The more we try

How To Write A Concert Review

How To Write A Concert Review Amazing Concert Review: How to Start? Reviews are probably the most casual types of written assignments because they combine both: reporting on an issue and providing your own opinion. Its main goal is to evaluate and provide information on the regular events: shopping at the mall and judging the quality of items, watching a movie or reading a new book. Every time we do something we judge people, atmosphere or plot even without noticing it. Luckily, reviews are so different in shapes and topics that they don’t have a common structure. There are many genres that students may choose: evaluating musicals, movies, books, TV shows, places and much more! However, the main goal remains the same: to give an evaluation of the chosen topic. It may seem quite a simple task to provide your own ideas and judgments on the topic. Although there are still many rules that you should follow, all of the claims must be supported with evidence. It is not simply an interpretation of the topic but also arguments-based research on the chosen issue.   You need to make the reader believe your point of view. Concert review is not the most common assignment students may get. You should describe not only musicians but also evaluate location, time, atmosphere and even response of the audience. In addition, you need to compare the chosen concert with other concerts to give readers a broader picture of the topic. If you have troubles writing a concert review or it is actually your first review of such kind, go on reading, and we will give you all the tips you should know for a great result! Understanding Background Knowledge of Your Audience To write a catchy and interesting review, you should not only provide a chronology of events but also analyze the musical genre, have a solid understanding of the theory and various musical styles. Another important element before getting started is to know your audience. For example, if you are writing for teenagers, you need to concentrate on describing the performers: their outlook, behavior, dialogues and so on. However, if you write the review for your teachers, it is better to write about the composition, plot, engaged interests, and expression to show how well you have mastered the genre. What Does Your Audience Want to Know? In most cases, readers are interested in getting the general picture of the concert and its impact on the writer. However, if you are writing for people, who have a deep understanding and interest of musical genres, pedagogy, and instruments, don’t forget to include those details to your review. If you are writing for an audience that is interested in technical aspects, write about the scene, location, light, sound, and other important details. However, there are things which all of the readers not depending on their interests are willing to know: whether the instruments were appropriate for the piece, how the audience reacted and so on. Your Writing Style Information you provide is not the only thing that matters. You should be equally attentive to the way you express your ideas in order to engage the reader. When writing a concert review, you should be both formal and informal. Try to avoid personal pronouns, like ‘I,’ ‘you’ and ‘your’: they always show that you are subjective on the topic and the readers may doubt whether your opinion should be trusted. In addition, if you want to make your review professional and catchy, you need to avoid clichà ©s and general terms, like ‘interesting.’ Try to find synonyms instead, for example, ‘appealing’ or ‘outstanding.’ How to Write a Remarkable Concert Review? If you want to get a high grade and to engage the reader, understanding music and listening to various concerts is a must. Your ability to put impression into words is one of the key features you need to master if you expect a great result. Writing a concert review consists of two stages: on the first one you need to attend the event or listen to the audio, and on the second you need to write everything down.   Below we have collected all of the stages and elements you need to include to your concert review. Stages of Pre-writing Carefully Read Guidelines Concert review is quite a vivid assignment, so greatly depends on circumstances and requirements. For example, if you are writing for a teacher, you need to follow a particular formatting style and to make sure to include all of the required elements. However, if you are writing a paper article, it is important to know the audience. Get the Tickets Beforehand To make sure that you get the best seats, from where the scene and performers will be clearly seen, it is better to buy the tickets well in advance. Make Notes During the Concert This is one of the most challenging but yet important stages because the quality of your review greatly depends on how well you will write down all of the important details. Remember, you need to pay attention not only to the concert itself but also to the time and location, clothes of musicians, lighting, general atmosphere and much more. You can also make notes on the dialogues on stage and among visitors. Write Down Performed Compositions It is important to provide readers with information on what compositions made up the concert. If you miss any of the pieces, it is better to contact concert managers and to get a list of the compositions that were played. Later in your text, you can tell which of them you liked more and why. Tell About the Musicians You need to write down your impressions from performers. Where they good or bad? However, back your opinion with reasons why you consider performers good, average or bad. Make notes whether performers shared powerful energy with the audience. Don’t forget to notice gestures, mimics and other important details on stage. Additionally, concentrate on the leading singers: were they confident? How well did they interact with the audience? Did they use all space on stage? Examine the Audience It is a well-known fact that part of the performance depends on how well the audience responds. Of course, you need to focus on musicians, but there is also a need to notice the mood of the audience. Not depending on the goal of your concert review, your readers will be interested in the concert atmosphere, so make notes on the audience, its quantity, age and response to the concert. Writing Stage The second stage starts right after you leave the concert and must contain the following elements: Introduction In the first part of your review, you need to provide all of the important details considering the concert - for example, its title and date, venue, names of musicians and ensembles. You can also give details on the location to provide readers with a broader picture. This is especially important for readers, who are not familiar with the area. You also need to mention whether the concert took place in the evening or at night. Description Main paragraphs of your review must contain a description of various compositions that were played during the concert. Here is when your notes come in hand. Devote a separate paragraph to every composition or aspect you want to highlight. The format of your description greatly depends on the musical genre, but you should still mention composition’s title, name of the composer and information on the audience’s reaction on the discussed piece. Evaluation Evaluation section is the heart of your review because it contains your personal opinion based on the information you have provided in the previous body paragraphs. Here you should tell readers about the general experience of the concert. Tell the audience whether it was worth seeing or not. What made it different from other similar events? Here you can also include information about musicians, interesting facts, history and so on. In this part, you must provide both positive and negative thoughts on the performance. Was there anything that the concert lacked? What things could improve the show? In the evaluation section, you should also tell about the audience’s response. What songs or musicians got more applauds? Don’t forget to evaluate the organization of the event. It is also important to tell about the quality of music and sound, as well as of musical instruments. You can also compare the live and the studio versions: were they very different? Which one was better? Conclusion The closing paragraph of your review must be a summary of your experience and impression of the concert. In this section, you can mention whether the concert met your expectations. Remember that conclusion is for summarizing and not for providing any new information and details. Closing Thoughts Writing a concert review is quite different from other writing assignments, and it may take lots of time and preparation. Your main goal is to experience different emotions and then to render them to your target audience. If you want to create a great review, it is important to have a deep understanding of music and to understand format peculiarities. Hopefully, the tips above will be of great help!

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF

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Syphilis - Essay Example ents by drafting recommendations on how to suppress the disease, arrange workshops and seminars for educating the locals, and administer public health standards in the state. In the state, the disease rates have been on the rise from the year 2005 to 2009. In 2005, the disease rate was at about 4.3 while in 2009, it was at 6.9 (Ohio Department of Health, 2011). In 2005, Franklin county had the uppermost rate of the infectivity while in Pickaway county the rate was at 22.3 (Ohio Department of Health, 2011). Franklin County, however, has recorded the highest number of case counts over the years with the year 2008 having the highest number. Conversely, Wyandot County did not have any cases of the disease recorded in the five years. This information is particularly important to a community health nurse, as they will strive to address the disease and get better quality health services especially in counties with a high-disease rate. He/she will be proficient to educate the public on syphilis control and avoidance procedures, while performing wellbeing support activities. The nurse should be capable of telling the patient what they are suffering from and shoul d maintain confidentiality on the health of the patient and make sure that the patient has access to proper medication. According to division 3701.47, these analysis must not to be charged, and will be completed at an authorized laboratory. In case the patient wants to comprehend the ailment, the nurse should be clever enough to explain to him/her to make a proper choice on whether they want treatment. The patient though must not reject treatment or whichever form of hospitalization

E-commerce And Marketing Coursework Example | Topics and Well Written Essays - 2000 words

E-commerce And Marketing - Coursework Example ling goods and services may prefer internet services in marketing and doing economic transaction with other businesses or to customers because of its efficient and effectiveness to the consumers or the suppliers. E-commerce and marketing have played an important role in marketing and promoting businesses throughout the world through websites namely Facebook, blogs, YouTube and twitter etc. this social media websites provides opportunity to connect and to communicate with customers all over the world on a more personalized. This report also tries to evaluate how marketing and e-commerce websites for companies provides viewers with fresh and updated information about new products, innovations, offers and programs that the company is undertaking at any moment (Dholakia, Nikhilesh). This provision of current and updated data to viewers encourages clients to visit the Company’s website, which results into increased sales and advice the company of any changes to be made to the produ ct or to the services for their satisfaction. When marketing services or products, a company must ensure that there is production and purchase of products and services at the right time by the consumers. These products must meet and deliver the required quality standards and performance specifications for the customers’ satisfaction that might be done through internet. In this process, companies must ensure it has sufficient stock that meets the demands of the customers. In addition, the products must reach the customers in a timely manner and a perfect condition. However the e-commerce and marketing process will enable the company to interact with customers and improves their satisfaction, as it establishes clear business strategy and process. The company does this by ensuring that it meets... This report stresses that E-commerce and marketing have had an important impact in Business-to-Business, Consumer to Consumer and Business-to-Consumer models of electronic commerce. Also the media is one of the key determinants of the purchasing decision of the present consumer. Consumers in the present society will want to look for information about a product or service from any available source that appears to be reliable. For many consumers, the media appears as one of the independent and reliable in situations that can offer information to the public without bias. Unfortunately, some media companies have taken advantage of the trust that consumers have bestowed on them, to manipulate the consumer into purchasing products and services unwillingly. This paper makes a conclusion that the media companies achieve this by delivering faulty information on the real identity of the products and services to the target market. E- Commerce is necessary to a business since it helps in spreading information from one person worldwide. Through this business have greatly marketed themselves and increased profit since the negative and positive responses they get encourages them to develop or maintain the loyalty of the customers. The author of the essay recommends the company to redesign the website requirements by considering the preferences of users rather than the company requirements.Through this business have greatly marketed themselves and increased profit since the negative and positive responses they get encourages them to develop or maintain the loyalty of the customers.

United States as expansionist country Essay Example for Free

United States as expansionist country Essay The United States has been an expansionist country since the pilgrims landed. Until the US established them selves as a definite world power, they had shown themselves to be a very expansionist country. The imperialism of the 1900s may have departed from past actions in terms of size and ambition, but the fundamental reasons and drive for expansion remained the same throughout much of America’s history. Past expansion of the US includes the Manifest Destiny-driven push to the West coast, the annexation of Texas, and the purchase of Alaska. Around the close of the nineteenth century and the beginning of the twentieth, the United States was an expansionism; such events include the Spanish-American War and the annexation of Hawaii, Guam, Puerto Rico, and the Philippines. The Spanish-American war was fought in Cuba and the Philippines and was the result of American intervention in the ongoing Cuban War of Independence. The U.S. joined because of the Spanish’s treatment of the Cubans and they blamed Spain for the sinking of the USS Maine. The war only lasted for ten weeks; however, the U.S. gained Hawaii as the fiftieth state and received Guam, Puerto Rico and the Philippines as territories. At the time, the U.S. was very jingoistic and thought they could just take what they wanted (B). This idea is what led to expanding outside of the continental U.S. The U.S. gained Guam, Puerto Rico, and the Philippines as a result of the Treaty of Paris in 1898. The U.S. also gained temporary control of Cuba, which somewhat still exists today with Guantanamo Bay. The U.S. definitely received the favorable end of the deal. The Kingdom of Hawaii was sovereign from 1810 until 1893 when resident American businessmen overthrew the monarchy. Hawaii was annexed by the U.S. but did not become a state until 1959. The United States’ began expanding ever since the original thirteen colonies. Every country desires additional land for resources and economic reasons. After the United States had established itself as a world power, its expansionism did not stop there, the US then set its sights on the countries it sought, in particular the Philippines, Puerto Rico, Guam, and Hawaii. Not to mention that the other world powers were not picking and choosing what they wanted as well, Britain and Japan were claiming all the weak territories they could on the other side of the world (A). America has also always been very interested in its own economy and making sure that no European countries such as Germany and Britain could dominate economically (C).

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Motivation: Reward System and the Role of Compensation The design and management of reward systems present the general manager with one of the most difficult HRM tasks. This HRM policy area contains the greatest contradictions between the promise of theory and the reality of implementation. Consequently, organizations sometimes go through cycles of innovation and hope as reward systems are developed, followed by disillusionment as these reward systems fail to deliver. Rewards and employee satisfaction Gaining an employee's satisfaction with the rewards given is not a simple matter. Rather, it is a function of several factors that organizations must learn to manage: 1. The individual's satisfaction with rewards is, in part, related to what is expected and how much is received. Feelings of satisfaction or dissatisfaction arise when individuals compare their input - job skills, education, effort, and performance - to output - the mix of extrinsic and intrinsic rewards they receive. 2. Employee satisfaction is also affected by comparisons with other people in similar jobs and organizations. In effect, employees compare their own input/output ratio with that of others. People vary considerably in how they weigh various inputs in that comparison. They tend to weigh their strong points more heavily, such as certain skills or a recent incident of effective performance. Individuals also tend to overrate their own performance compared with the rating they receive from their supervisors. The problem of unrealistic self-rating exists partly because supervisors in most organizations do not communicate a candid evaluation of their subordinates' performance to them. Such candid communication to subordinates, unless done skillfully, seriously risks damaging their self-esteem. The bigger dilemma, however, is that failure by managers to communicate a candid appraisal of performance makes it difficult for employees to develop a realistic view of their own performance, thus increasing the possibility of dissatisfaction with the pay they are receiving. 3. Employees often misperceive the rewards of others; their misperception can cause the employees to become dissatisfied. Evidence shows that individuals tend to overestimate the pay of fellow workers

Explain How Folding Impacts on Landscape Development Essay

Plate tectonics help us to explain the process of folding. According to the theory of plate tectonics, the earth’s crust is broken up into sections called plates. These plates float on the semi-molten mantle. Thermal convection currents in the mantle drag these plates in different directions resulting in tectonic activity. Folding occurs when rock layers that were originally horizontal are bent into a series of wave-like folds. As a result of this collision of the earth’s tectonic plates, the rocks are folded and uplifted and fold mountains are created. This process is known as orogeny. There have been three major periods of fold mountain building, the Caledonian, Armorican and Alpine periods. The Caledonian period of folding took place about 400 million years ago when the Eurasian plate and the American plate collided. The in-between ocean floor was subducted under both continents and the seafloor sediments were buckled up to form the sedimentary rocks of the Caledonian Fold Mountains. The Appalachian mountains in North America, the mountains of Norway, Sweden and Scotland, and in Ireland the Dublin-Wicklow mountains and the mountains of the West and North-west were formed as a result of this collision. The Armorican period of folding occurred about 250 million years ago when plate tectonics resulted in a collision between the Eurasian and African plates. Examples of Armorican fold mountains include the Vosges mountains in France and the Black Forest mountains in Germany. These mountains have an East-West trend as the compression came from the South. The ridge and valley landscape of Munster is a result of Armorican folding. During the Armorican foldings sedimentary rocks in Munster were folded to form ridges of sandstone and valleys of limestone. The limestone was easily eroded from the fold anticlines and they are seen today as sandstone mountain ridges such as the Mac Gillycuddy Reeks. Plate movement is also responsible for the formation of the Himalayan mountains in Asia, the Alps in Europe, the Andes in South America and the Rocky mountains in North America. These fold mountains were formed as the African plate collided with the Eurasian plate. These are the youngest fold mountains, formed 60 million years ago. They are known as Alpine fold mountains. The Himalayan mountains are still increasing in size and volcanic and earthquake activity in the region shows that these tectonic plates are still colliding.

Improving Customer Service at Disneyland Paris Essay

It is fundamental to the success of Disneyland Paris that they are able to generate a high quality level of customer service, and once this is reached they must make sure they are able to maintain and continuously monitor this high quality level. This is significant to the success of Disneyland, as if they didn’t monitor and maintain this high quality level of customer service, then it may affect the service being provided in a negative way meaning Disneyland Paris will lose some customers. The outcome of this unlikely event would be that Disneyland Paris would see the number of sales drop and very few repeat customers, leading to a decrease in revenue and therefore profit. If this situation happened then Disneyland Paris would face serious consequences, and this is something Disneyland Paris does not need as it is already in a lot of financial debt. Monitoring Customer Service There are several ways in which Disneyland Paris checks and monitors the high quality standard of customer service in which they provide. Firstly Disneyland Paris uses training to ensure and monitor customer service is to the correct standard and carries out regular training for employees. This is key when checking and monitoring customer service levels because if employees were incorrectly trained and were unsure about certain area surrounding their job and how Disneyland Paris expects them to present them selves then they would need re-training or require additional training about certain aspects they were unsure of. Disneyland Paris carries this training out in their Disneyland University. This technique of monitoring customer service also relates to mystery shoppers, this would is because any employees who have received a bad report from the mystery shopper and consequently affecting the high quality level of customer service provided will require further training, which they would receive from Disney’s university. Another method Disneyland Paris use to monitor customer service is using mystery shoppers as a method of inspection and monitoring customer service. This involves a quality assurance employee of Disneyland or hired externally to dress up as an ordinary customer and evaluate the level of customer service which their current staff are providing customers with. The quality assurance employee will be looking for particular characteristics from cast member employed by Disneyland Paris such as; politeness, how considerate they are and if they present themselves well.

Challenges ahead for retailing in the Indian market

Challenges ahead for retailing in the Indian market CHALLENGES AHEAD FOR RETAILINGFactors holding back the retail revolution in India:There are several factors.1) Raising funds to even set up a retail outlet is very tough. Though things have changed somewhat in the last three years, it is far easier to raise funds to put up a factory than to put up a retail chain. Development banking institutions like the ICICI or the IDBI were not open to funding retail ventures till recently. Obtaining international funds is even more difficult. The reason is, retailing in India is so disorganized that there are no benchmarks to evaluate viability and profitability.2) Real estate is the second big limiting factor. While the government is the largest landowner in the country, very little has been done by way of real estate reforms. As real estate prices are sky high, most of the development work is taking place in out-of-town locations, like Gurgaon (just outside Delhi).Shopping mallBut the real revolution will take place when the government allows r edevelopment of space within the city centre where the consumers traditionally live. AFor example, if we take New Delhi, South Extension (an up market shopping centre in the southern part of the city) seems, in many ways, a shopper's nightmare. There is no access; there is no proper parking area. In short, there has been no standardization in terms of development of that area as a retail option.3) Retail-friendly laws The third reason is that India still does not have retail-friendly laws. When we look at the movement of goods from one state to another, there are too many restrictions. In case of retailing, it is required to put in a whole lot of products from different parts of the country - at times from outside the country - on the shelf.

What Makes You Happy Essay Example | Topics and Well Written Essays - 1000 words

What Makes You Happy - Essay Example And out of goodwill or by habit, we actually wish one another happiness. What are the criteria of happiness? By what standards are we said to be happy? What is the road to happiness? The criteria against which we benchmark our own or another’s happiness are normative and descriptive of our condition of being. These may be physical, social, economic, and even spiritual. By these same standards we gauge our level of attainment of happiness. Now, the road to happiness is presumably that which we reasonably have to pass – to the point that it becomes something off the beaten path. But what is this thing called happiness? Philosophers have counseled us for centuries, if not for millennia, about the nature of happiness, and how it is the singular goal of human life. Meaning to say, happiness is the life proper to man. Moreover, different ethical theories are significantly theories of happiness or rational attempts to know what truly completes the human person. Briefly, we can cite that happiness is both at the same time a state of wellbeing characterized by goals achieved and a positive attitude towards change. Describing happiness as wellbeing affirms the necessary orientation towards personal integration. It is when we see ourselves connected with others, especially with something larger than our own interests like God, country, family, etc., can we say we are happy. Personal integration therefore is all about discovering our place and role in the scheme of things within which we realize our life’s purpose. Thus, happiness is wholeness of life. But can we be assured of happiness in the light of the evolving times? Is happiness still possible at a time when most often people explicitly complain from distress and burnout? That â€Å"human anguish in modern minds is tethered to the events that would have caused fitness failure in ancestral times,† (Buss, 2000), is one observation that illustrates happiness as fundamentally an experience of wholeness in the light of environmental change. Accordingly, our concept of happiness must be adequately molded by an evolutionary perspective. Evolution is a creative process. It is the way of the universe and of everything involved in it, including us human beings. As human beings ourselves we are part of the evolving process that leads to the fulfillment of our destiny resulting in our happiness. Thus, if happiness is every human being’s goal, he must be willing to understand the evolution it has undergone. By adopting an evolutionary mindset we can appreciate and benefit from the evolution of happiness. The Darwinian model of evolution has been expanded to include not only biological species but also social, cultural, and organizational realities. Everything is undergoing important transformations to achieve its designed wholeness. Evolution teaches us a painful but an important lesson: the inevitability of change. As Charles Darwin (1958, 444) eloquently expresses it: â €Å"Whoever is led to believe that species are mutable will do good service by consciously expressing his conviction.† In other words, the sooner we accept to live by this reality of evolution, the better for us. As humans we adapt to survive, that is, to be happy. Indeed, happiness is a function of our capacity for meaningful adaptation. Our failure in this life-altering human condition causes unhappiness. However, it is the same process of evolution that equips us with built-in psychological apparatus to help us deal with unhappiness and eventually to achieve happiness. With happiness as the end of human existence, anything else like pleasure, power, and wealth becomes nothing but a condition of attaining it. In other words, in view of happiness which man seeks he inevitably engages in the satisfaction he derives from such things. What is

National Branding vs Private Branding Essay Example | Topics and Well Written Essays - 750 words - 2

National Branding vs Private Branding - Essay Example It is different from private or local branding, since private branding involves the name of the retailer. Most of the products in the world are recognized in the form of national branding. The producer follows the pattern of national branding since the producer intends to promote his brand by way of marketing and branding it. It is imperative on the part of the manufacturer or the producer of the product to follow this kind of branding as this allows the producer to sell its name directly to the consumers, which holds the greatest effect on their minds. The work done by national branding in promoting the brand of the producer or the manufacturer is unprecedented. The national branding is the ultimate and real from of branding. It enthralls the people and allows for greater importance among the people who focus on the brand. â€Å"A brand placed on products that a large manufacturer has created for a smaller retailer. The smaller retailer places their own private brand label on the f inal good which was created by a third party manufacturer. Private branding is a cost effective way to gain access to producing a product without requiring a large manufacturing or design team.† The retailer to market the retail organization does private branding. Let us look at an example. The company known as Apple sells Apple computers. When the products are shipped, the brand value carries the logo of Apple. However, once the company ships the products to the retailer, the retailer themselves add the label of their brand upon the box of the product. This form of branding done by the retailer is known as Private Branding. National branding and private branding are different sides of the same coin. Some companies offer both types of branding for their products in order to provide end-to-end services. Apple is a prime example of this kind of category. They are providing an ecosystem, which includes retailing as well as production of the products.

Leading discussion Assignment Example | Topics and Well Written Essays - 1500 words

Leading discussion - Assignment Example The defendant possessed a big collection of videos and photographs containing nude teenage boys involved in uncensored activities. Sharpe invoked the actions of the prosecutor as a violation of his right to freedom of expression, trying to prove the in-constitutionality of the Criminal Code provisions prohibiting possession of materials containing child pornography. Sharpe made an intensive attempt to refute the prosecutor’s arguments and to prove that he is not guilty of anything. The main legal issues that have arisen in this case regarded the following: a) is the possession of child pornography protected by the right to freedom of expression? b) are the provisions of the Criminal Code of Canada somehow infringing the liberties guaranteed by the Constitution? 2. Court’s ruling: The Court was forced to face and solve a constitutional challenge, aroused by a child pornography fan, which would have formed a powerful precedent in Canadian law. The Court agreed with the defendant in one thing: the prohibition of the Criminal Code provisions did represent a limitation of the freedom of expression. Nevertheless, this limitation was necessary in a country where morality is respected and protecting children is one of the main objectives of the whole society. However, the Court decided that possession of child pornography for exclusive personal usage does not harm the child directly, so it should not be outlawed. The charges against Sharpe were dropped, except the ones referring to the photographs. Sharpe was charged with the crimes of gross indecency (article 157 Criminal Code of Canada) and indecent assault against a minor boy (article 156 Criminal Code of Canada). 3. My opinion: I believe that ownership of child pornography for private usage should be also outlawed and declared as an exception to of the freedom of expression. It is almost impossible to control if the owner uses this material for

Why do want to be a teacher what experiences have led you to wantto Essay

Why do want to be a teacher what experiences have led you to wantto teach in a high-need school in New York City - Essay Example During my work as a social worker/therapist, I have encountered many troubled adults. Some adults I have encountered experience mental issues, economic deprivation, or little education. Somewhere along the way, the system failed these individuals. If one of their teachers had attempted to identify their problems, instead of just passing them on, maybe these individuals would have different lives. I want to be able to help troubled children from the beginning, instead of having to deal with adults when it is too late. I know that I am only human. The only effort I can make is my best one. However, I feel that if I impact one, just one child, then the decision to become a teacher would be vindicated. I want to be a positive influence shaping the future, instead of picking up the pieces of the past today. Instead of solving yesterday’s problems, I want to create tomorrow’s solution. My experience of being a social worker has equipped me with the educational, emotional, and intuition necessary to teach in a high need school in New York City. I have dealt with issues relevant to high need students. I have provided therapeutic intervention services to children, adolescents, and adults using individual, family, and group therapy. I have assisted and formed group counseling for children and teens in the areas of self esteem, peer managing, and anger management. These experiences have made me prepared to work in a high need school. Another reason for wanting to teach in a high need school in New York City is my own personality. I have always be a fighter for the underdog. Minorities, women, the wrongly accused, and other individuals down on their luck have always made me want to fight for their rights. I have always wanted to even the odds for the underprivileged. Many politicians and others spout the rhetoric every American student should receive the same

International Effects of Oil Prices

International Effects of Oil Prices High prices of oil and steady resource depletion have raised international concerns for energy supply security. Thriving exploration is a significant factor and activity for future oil production. The global economy is currently experiencing high level of international business forces acting upon its stableness. International oil prices relation to international crisis is an essential element in the global economy. This study reveals the insights and effects of oil and gas exploration in the international crisis. This research paper presents the effects of oil prices on the international relations. The paper presents the strategies and the requirement in filling these effects by providing empirical findings on oil price volatility in relation to international trade, international terrorism, natural disasters, wars, global economic stability, global financial crises, politically instigated crises among other international variables. The foundation for this research is the correlation between oil prices and international relation. The paper presents the preliminary results and information derived from the data currently being generated by the international economy, international trade and other global organization economic watchdogs This paper explores whether there is stable and reliable oil price shocks relationship with the U.S Dollar nominal exchange rate and other countries currency. Regardless of the state of art methodologies and precise data, I find inconsistently slight logical relation between oil prices and the exchange rate. The paper generally focuses on the international crisis conduct with the emphasis on the strategies development in the detailed results of the research. These include the conflicts resolutions on the international oil prices settlements. I reviewed several prominent hypothesis and theories, methodologies about the resolution of the crisis especially to the western and the Middle East countries which are the most oil competing countries. The paper investigates factors contributing to the increase of oil price. The crude oil demand and supply and development of a crude oil prices model to include refinery utilization rates is discussed. This brings an OPEC capacity utilization non linear effect. In developing the oil prices correlation to international crisis the project focuses on the following major areas of study: Positive and negative factors that affect the international oil prices. The effects of oil and natural gas price on the global economy especially the West (Ratner, 2011). Effects of oil price on international economic variables. Finally the project outlines the relationship between oil prices and international crises. This paper explores whether there is stable and reliable oil price shocks relationship with the U.S Dollar nominal exchange rate and other countries currency. Regardless of the state of art methodologies and precise data, I find inconsistently slight logical relation between oil prices and the exchange rate. The paper generally focuses on the international crisis conduct with the emphasis on the strategies development in the detailed results of the research. These include the conflicts resolutions on the international oil prices settlements. I reviewed several prominent hypothesis and theories, methodologies about the resolution of the crisis especially to the western and the Middle East countries which are the most oil competing countries. The paper investigates factors contributing to the increase of oil price. The crude oil demand and supply and development of a crude oil prices model to include refinery utilization rates is discussed. This brings an OPEC capacity utilization non linear effect. In developing the oil prices correlation to international crisis the project focuses on the following major areas of study: Positive and negative factors that affect the international oil prices. The effects of oil and natural gas price on the global economy especially the West (Ratner, 2011). Effects of oil price on international economic variables. Finally the project outlines the relationship between oil prices and international crises. This analysis explores and studys two oil effects of oil companies that they have branches in Saudi Arabia. One is Aramco Company and Drilling Company, as their major operation is oil and they face the financial crisis in that time. The companys among others has brought the price shocks on U.S. and international economic growth. Key Words International crisis, Budget Deficit, Consumer Price Index, OPEC, foreign policy crisis, crisis management, conflict management, decision making, Oil prices, Refinery industry, , Inflation, Real Wage, Purchasing Power Parity, GPD(Gross Domestic Product). Introduction The rapid rise in the oil price is subject to debate on which many economists expresses different views. The crude oil supply from the main oil producers and other downstream sectors are perceived to have the answer to the high rise of the oil prices. The refining capacity in many countries is falling and many existence refineries have unscheduled maintain ace leading to collapse of the oil refinery thus high prices. The major oil crude oil producers from Middle East have experienced difficulties in production sufficiency in ensuring the linear supply of the oil across the globe. Oil shortage expectations are also influential on the oil prices. Major international oil regulatory organizations such as the OPEC and OECD are playing major roles in regulating the oil prices as it greatly affects the international crises. Determination of the oil prices is affected by the existence of relationship non linearity between oil prices and market delivered quantity. Extreme events of linear rel ationship may shift the market stability between supply and demand towards different types of market. In this context, the oil prices are much more sensitive to shocks than under normal conditions. Non-linearity between oil prices and the market may be caused by lags related with development of additional extraction and refining capacity (Ratner, 2011). As the production approaches the oil prices is more sensitive to supply under the given constraint. The cost of doing business increases with increase in energy prices, which tends to erode corporate profits, thus lower stock prices in the market. Higher oil prices have usually spelled bad news for most companies, excluding the oil and energy-related firms. It seems that the recent global financial crisis may have altered some fundamental rules of market behavior. Oil and stocks now make for strange bedfellows (Palash R. Ghosh, 2010). Oil prices and the U.S. stocks have moved in opposite directions. Oil prices are considered to be among the fundamental determinants of the global economic performance (Krichene, 2008). The adjustment of the oil prices leads to changes in terms of trade between oil exporting countries and importing counties. The changes are normally caused by the transfer of income and resources from the importing to the exporting countries (Richter Pahl, 2009).The degree of oil prices adjustments in global economies is based on the proportionate cost of oil to natio nal income, the extent of dependence by end-users to imported oil and their flexibility to switch to other sources of energy such as solar energy, oil sands, ethanol, biodiesel, wind energy, coal mine methane,   geothermal energy, nuclear energy,   hybrid cars, LNG, GTL, and hydrogen fuel cells  , and also dependant on the responsiveness of gas prices to the oil-prices adjustments and the level of gas intensiveness of the respective economy (Krichene 2008). This is the impact of oil prices adjustments to the other sources of energy available in a respective economy (Richter Pahl, 2009). The higher the margin of oil prices adjustments and the longer the new prices are sustained, the greater the macroeconomic impact on the global economy. Oil is the primary source of energy in almost all of the major industries in the global economy. This research seeks to analyze the correlation between oil prices and international crises Literature Review International Crisis: According to Holsti (1991), based on the systems perspective of international crisis, he defined international crisis as the circumstance or situation where normal nature of relations between countries is significantly changed. For example, the uprising in Egypt is a situation that erupted in the international system leading to conflicting interactions against domination of nations globally. Trumbore, (2000) argued that international crisis follows certain stages of progress. These stages include; the pre-crisis warning phase, the crisis phase, crisis abatement phase and finally post-crisis phase, its during a crisis that real leadership is tested. This is mainly because normally during the first stage of a crisis, no attention is normally taken. During the second phase when the crisis has taken ground, there is chain of events followed by panic, and control measures from decision makers such as the government. The crisis is normally later controlled before or after causing damage. H olsti (1980) observes that during the last phase, the post-crisis, evaluation and preventive measures are normally put in place. Factors Affecting Oil Prices and its Effects on the Global Economy especially the West. Fluctuations in oil prices have an effect on certain fundamental variants such as nominal wage, real wages, consumer price index, purchasing power parity, budget deficit inflation rate among other macroeconomic variables. (Richter Pahl, 2009). According to Krichene (2008), oil prices are primarily affected by its demand, natural disaster, and political unrests. In addition, Krichene (2008) asserts that restrictive legislation, declining oil productions and speculative buying also influence oil prices significantly. Economic empirical research shows that, when the global economy is exposed to higher oil prices, it leads to inflation, increase in input costs and decrease in investment. The West has been the major casualty of economic shocks caused by oil price fluctuations since it destabilizes their growth capacity which is largely dependent on oil (Richter Pahl, 2009). Comparative to the West, emerging economies are less hit by effects of oil prices in the short-run in form of infl ationary side effects. However, in the long-run, negative effects from the West normally trickle down to the emerging economies (Richter Pahl, 2009). Systematically, global economic effects caused and compounded by the adjustments in oil prices directly or indirectly affect international crises. For instance, the recent international crises, such as the devastating earth quake in Japan, the Arab countries in uprising, the rebels activities in Libya are speculated to dampen progress made on the global economic recession especially in the West (Ratner, 2011). Oil prices and International Crisis: Ratner (2011) an analyst in Energy Policy has observed that with the resent resignation of the long-time Egyptian President Hosni Mubarak, the aftermath to the natural gas and oil sector is uncertain. In fact, analysts globally acknowledge that the impact of a disrupted Egypts oil, natural gas, and or the closure of the Suez Mediterranean oil pipeline and the Suez Canal would be catastrophic to the world natural gas and oil market (Ratner, 2011).The uprising in Egypt has already led to adjustments in oil prices globally in anticipation of an international crisis. Even though Egypt is technically considered a small player in the international oil industry, its instability still has severe implication in the global market. This gives evidence of an existing relation between international crisis and oil prices. As the chief regional supplier, the most affected would be Lebanon, Jordan, Egypt accounts for only an average of 2.1% of global oil and natural gas supply with a proven 1.2% of worlds gas reserves (Ratner, 2011).Away from oil production, the recent devastating Japans earthquake has already send aftershocks around the global market. In addition to the loss of over 10 000 people, destruction of Japans nuclear power plants leading to radiations emissions, there is a pending economic international crisis. Due to the earth quake impact on the Japanese economy, the production to cars is expected to decline sharply leading to adjustment in prices of oil. This suggest there direct or indirect relationship between the prices of oil and international crisis. The instability in Libya has also led to the soaring of global oil prices which has had led to inflationary pressures globally. Libya holds most of the oil reserves in Africa and it is actually the 15th largest crude oil exporter accounting for 1.2 million barrels of oil daily. It is feared that production losses in this North African country are bound to be absorbed by countries such as Saudi Arabia as a mechanism of compensating for the shortage. Motivation Study of oil prices in global economic and international crisis is an important entity. There is need for study of the relation with international crises .Research on the correlation between oil prices and international crises is important because the findings from this study will address most of the international crises in the world. In the recent global financial crisis, the findings from this research will be essential to control, mitigate effects on the global economy and forestall reoccurrence of the negative impacts in the future. Understanding the correlation of oil prices with international crises such as wars, poverty, the Arab uprisings, situation in Afghanistan, the struggles in Iraq among others would be influential to policy makers in coming up with conclusive political and macroeconomic policies. The research inclusively enhances the global trade market in understanding the root cause of the products price increase. It opens fresh ground and enhances the studies of oil alternative source of energy to reduce overdependence on oil as the primary source of energy. Furthermore, the results from this research will also enhance international relations among nations. Also it will add empirical findings to the existing body of knowledge to the nature of oil and now its relation with international crises. The sustained growth of international business over the past two decades is one of the most significant and dramatic trends across the globe in reducing the international crisis. Business market and trade of most goods and services have significantly expanded with the development in the effective financial implementations in the world (Holsti, 1991). The effect of the oil prices is widely felt in many products but the international business is working towards reducing the oil prices effects. The integration of technology, investments, communication has enhanced the todays global trade and business connecting the world economies together. Corporate empires emergence in the global economy has changed the business platform which has enhanced the globalization of production (Trumbore, 2000). Problem Statement Todays foreign policy devise policies without understanding fundamental variables influencing international crisis in regard to oil prices and vice versa. The crude oil supply from the main oil producers and other downstream sectors are perceived to have the answer to the high rise of the oil prices. The refining capacity in many countries is falling and many existence refineries have unscheduled maintenance leading to collapse of the oil refinery thus high prices. The major oil crude oil producers from Middle East have experienced difficulties in production sufficiency in ensuring the linear supply of the oil across the globe. The empirical study at the two Saudi Arabian oil companies reveals that, the international crisis has an influential factor from these particular companies. Aramco Company and Drilling Company are oil production companies in Saud Arabian region on which they are currently facing the financial crisis. Their conditions on the futures markets have an effect on stock behaviors thus the oil price setting. Their crude oil prices model is increasingly rising affecting the international oil prices. This includes the refinery utilization rates, OPEC capacity utilization non linear effect and deteriorating of futures markets conditions. These are the explanatory variables that exist between the international crisis and the crude oil production. The drilling company is generally on critical conditions as the finding shows the employees satisfaction thus unstable expertise in the company. This further contributes to low level of productions. There is also incapacity of the crude oil storage thus the production level is dependent on the capacity storage. The adjustment of the oil prices in the companies shows a rapid rise anticipated by high level of production cost. According to the companys work force, the oil exploitation processes which involves the ground drilling is gradually becoming complex. This has led to an increase in exploitation costs as more resources are required thus affecting the oil prices. The low level of production has led to international crisis as the companys are struggling to sustain the global oil market. There is resistance by some of the companys workforce to the declines in wages as the oil price increase and the international crisis typically causes an upward pressure on nominal wage levels. External forces such as the Oil regulating organization which includes OPEC is also affecting the companys marketing position due to the unfavorable policies (Holsti, 1991). According to the companys expertise the there has been maintenance of a low stock in provision of efficient oil. They urge that sufficient stock ensures the supply sustainability thus avoiding the oversupply or under supply of the oil. The methodology used to explore the companys conditions on the oil prices involves the updated quarterly data set. The data set is used in estimating the price equation which involves an expansion to accommodate other market conditions across the globe. The wide range of variables enables the estimation of the oil prices co integrating relationship in the companys. Quarterly data set used in evaluating OPEC effect on the oil prices in the company includes observation of the average imported oil from the company. The data showed a decrease in the average as the price rises up. The oil production and the rate of refinery utilization in the company affect the global oil prices thus international crisis. Essentially, co integration between the international oil prices entails that the exploitation rates across the world share the same stochastic trend. Different stochastic trends in oil production and refining rates prevent co-integration among different types of oil prices when the expl oitation rates do not share the same stochastic trend. Refinery utilization rates and the exploitation affect crude oil prices based on the companys refineries ability of crude oil conversion to final products. Essentially there are different qualities of crude oil which includes the sweet and sour as well as the heavy and light. The companies oil exploitation and refineries are designed to specifically operate in specific crudes. Therefore there is rise and fall of crude values based on the availability of specific types of crude relative to existing refining capacity. Lack of efficient refining capacity has contributed to the rise of the oil prices and international crisis in the company Trumbore, (2000). The companys also lacks the sufficient oil production capacity and existence of a non-linear relationship between supply and the oil prices. Results The results acquired from the data collected are generally categorized into the three hypotheses which were the guidelines of the empirical testing. The companys oil prices have a considerable level of impact on the international oil market. Empirical investigation on the companys oil production activities presented their effect on the international crisis. The analyzed data collected from the companies showed diverse reactions from different collected materials. The increase on the oil exploration costs in the companys has been a major cause of their low level crude oil production. This has an impact of international financial crises on the oil price as they adjust the prices now and then for profitable returns. The correlation relationships between the oil price and the financial crisis of the company have been a major hindrance of the companys growth. Results indicated that the oil refining sector plays a vital role in the recent oil price increase. This effect is related with shifts in the heavy and light grades production of crude oil as well as the price stretch between them. Existence of non linear relationships between OPEC spare capacity and oil prices account for real oil prices changes. The conditions on the futures markets also affect the non linear relationship. Many experts urge that the high oil prices on the global economy are contributed by a number of factors which with the change in oil prices. The changes in GDP were small as compared with past economic recession. The period of oil price shocks experienced drops on GDP growth. The increase in oil prices has affected most of the oil importing countries and the OECD countries. Oil prices and the global economy There exists a paradox and complicated relationship between oil prices and the economics. Production functions used by many economists are basically net of the purchased input. Saudi Arabia production is anticipated to rise within few years due to the experienced bubble in 2008. The oil prices fluctuations effects experienced on 1973 cannot be ignored. It left a great damage to global economy. The debate on the relationship and the effect of the oil prices on the economic activity is complicated by methodology issues. The substance also raises argument on the oil price in relation to economic activity (Trumbore, 2000). The current prices uses the consumer price indexes in economic data deflation recorded in current oil prices. Many of the oil consumers are industrial and commercial enterprises with a distance from the ultimate consumers. Frequently a rise on the oil price can bring the recession although extended economic growth period can provoke an oil prices increase. The principle drivers on the prolonged economic growth seem to have a history of great recession on the nations economy. Failure of the country in financial crisis anticipation brings about the great recession. The impact of the oil prices rise is normally nonlinear and asymmetrical as the dollar per barrel increase has different impact on a dollar per barrel decrease at another. Symbolically what rises does not necessary falls the same way. In essence it is difficult to forecast the oil prices demand, and supply for the oil production than it is for the other industries. Oil production industry is relatively different from many other industries. From my preliminary research there is a declining of pressure in majority of reservoirs across the globe. The declining level is sustained by the injection of natural gas, CO2, water or any other energy source. The prompted injection and the consequent cleaning of the crude in the surface consume energy. The processes of extracting the oil from underground are even more energy exhaustive. The energy consumed further increase the oil prices in the market contributing to the international crisis. The high level of technologically complex oil industry complicates the whole economical process which often takes long period of time to commercial fruition. Fluctuation of the oil prices is great than many industrial prices. Many producers especially the Middle East producers have taken long full production periods after the completion of the initial geological work. Thus oil drillers easily fear the risks in prices and other economic activity. The Middle East countries which are the major oil producers have been vulnerable to wars and attacks from terrorism. The terrorism activities have made the oil production unstable due to vulnerability of attacks in the regions. According to studies the Saudi Arabia region is vulnerable to criminal activities thus the oil producing companies fears the attacks. There marine oil transportation has been also faced threats from the pirates a nd other encountered problem in the transportation process. Large amount of European oil is imported through the Red sea between the Yemen and Somali(Richter, Pahl, 2009). There have been many cases of tankers hijacking in seas leading to loss of large amount of capital. This increase the international crisis as the producers is unable to fully exploit oil or transport it due to fear of losses. Heterogeneous nature of the oil market contributes to slow growth of the economy. Many operates in a decentralized and competitive market thus a forms a postulated mainstream. There is an excessive gross margin since the World War II. The international oil prices have intensified the international crisis on which it had defied a competitive market equilibriums basic rule. The margins have currently exceeded the addition cost of oil barrel production. Saudi Arabia region was the supplier of last resort in the period of $2 oil price but its oil costs has incrementally risen to 13% per oil barrel. Today there is no clear indication of the last resort supplier nor the incremental cost due to international crisis experienced. Most of the estimates on the gross margin are apparently below the recent years, market prices of the fuel. Consequently, the incremental gross margins comprehended by oil producing nations are positive. Most of them have a large average gross margins based on the variation between market average prices and out-of-pocket average costs. This provides the correlation between the oil crisis and the international crisis. The oil prices are non equilibrium but there is existence of equilibrium ranges of the oil prices. This leads to an elusive and fragile economic growth in the world. The equilibrium ranges are generated from the time lags of oil processing and transportation. To avoid the time lag oil producers uses the future and forward markets for speculative and hedging purposes. These markets have a major effect on the international crisis on which they become vulnerable to other markets players. These players lay off the bets from other markets and all of a sudden enter the futures markets triggering crisis. The players who are initially the speculators brings about the conflicts in the oil market increasing the international crisis. In the recent oil run up of 147 dollar per barrel, the futures market speculators are estimated to have increased the oil prices from 10 dollar to 20 dollar thus risking the international price of oil. Oil Prices and the Currency Market Oil plays an important role in the global currency market. The price of oil increased dramatically in 2008 when the US dollar value fall as compared to the other currencies. The relationship is that, when the dollar gets weak in its value leads to increase in oil prices thus international crisis. Oil is a very important resource as it is the main source of energy in many production industries. The rising prices have big impact on the inflation of the international economy as it creates added fuel surcharges. The surcharges therefore trigger the core inflation of the world economy as central banks maintain high interest rates. Deficits in nations have increasingly grown with the occurrence of the global economic crisis that started in 2008 due to high oil prices. This has led to global economic effect and the international crisis across the globe on which many economists urges that country should run deficits during periods of recession and those of high unemployment. Financial markets across the globe expresses have expresses fears due to increased in oil prices. They have expressed some behavioral characteristics and explanations of the largely market outcomes particularly of financial flows of both policymakers and investors significant practical consequences of the international crisis. Correlation Oil prices can be correlated positively to international financial markets as seen from the companys empirical study. The world basic products rise as the prices as the price of oil continued to rise, thus this is far much correlated. The period between 2003 and 2006, the world experienced an economic growth. It is easy to make a correlation at this time period as the period experienced the businesses success in many major industries that led to the market rise. At this period the oil price rose as well, though the two were not really it correlated. Financial analysts argue that oil doesnt necessarily bring a positive correlation to the financial markets. Alternatively financial markets perform well while the price of oil is rising. Negative correlation commonly accepted relationship between financial markets and oil prices. Many companies spend more when the oil prices are high to run their business. The logical explanation to this is that most companies ship their products. Compani es also use oil as the source of the energy for the production machinery. Therefore oil is a prime factor in the international crisis. The price of oil and inflation The oil price and inflation are more connected in grounds and effect relationship.   Inflation follows the oil price movement; as the prices of oil moves  down or up, it is accompanied by inflation in the same direction. This is because, oil is plays a major role in economic input. It is widely used vital activities thus the rise of input costs leads to increase of cost of end products. The raise of pricing increases the inflation level. The inflation led to the development of the consumer price index (CPI) which measures the inflation. The deterioration of the relationship between inflation and oil started after the 1980s. Generally the wars of the 1990s at Gulf  War  oil crisis led to doubling of oil prices. The expansion of the foreign exchange to incorporate the oil stocks has affected both the domestic financial accounts and international clients hedging activities. This has been reflected in international crisis as many corporations struggles to sustain their dominance in the market. The foreign exchange is much dominated by the U.S dollar which is followed by the euro and sterling. Emerging oil markets and the international business exposure of many oil producing countries has increased the hedging activities in the foreign exchange. The degree of exchange rate flexibility and the movement of capital across the globe have increased high level of inflation risks. Oil export strategies are underpinned by valued exchange rates generating precedential reserve accumulation in the exchange rate adjustment. Capitals exporting in oil finance investment have been considerable drivers of lower global long-term interest rates in the international business (Richter, Pahl, 2009). The oil shocks have affected the world trade structure. Macroeconomic Impacts of High Oil Prices A high oil demand arises from the products demand that uses oil in their production. Changes in oil prices are shared by the consumers in the prices of the final oil products. The foreign producers are spending more on importing their goods to their respective countries due to high level of fuel prices. Many countries economic purchasing powers are depleted and instead there has been a high level of deficit on many economies(Richter, Pahl, 2009). This is due to high level of borrowing due to budget overruns of many countries. This has further contributed to international crisis across the globe. The increased price of the oil forces many countrys businesses to invest heavily on the exports production, as opposed to available domestic demand for goods and ser