The Arbitration and Conciliation Act - Free Essay Example

Nigeria is witnessing probably her biggest growth commercially. Nigeria is the most populous nation in Africa, its population exceeding over 150 million people. The economy of this huge country is twice the economy of many African countries. In the West Africa region, Nigeriaà ¢Ã¢â€š ¬Ã¢â€ž ¢s economy is about the size of all the member states put together. Nigeria has become Africaà ¢Ã¢â€š ¬Ã¢â€ž ¢s largest and most commercialized business hub. The size of the economy coupled with various commercial, business and investment activities both domestically and internationally in various sectors of the economy which includes International commercial Trade shows the level and size of economic activities in Nigeria. These busy sectors of the Nigerian Economy are constantly involved in International Trade and Commercial transactions. These transactions results in negotiations, drafting and interpretation of international contracts and commercial agreements between bodies that form international entities. These various sectors are involved in international trade and commercial transactions which results in negotiation and drafting of international contracts and commercial agreements. These sectors in the economy by nature a re mostly contractual and inevitably conflicts arise between contractual parties. The diversity of the parties to international commercial relation is reflected in their conflicting goals and point of views, making disputes almost inevitableà ¢Ã¢â€š ¬Ã‚  [1] Many of the sectors in the economy faces obstacle while conducting their business. Some of these obstacle are unforeseen for example changes in government policies might alter a conduct of business or a contractual term between business conductors, inflation might inflate lack of performance by the parties etc. willing or unwillingly parties breach of the terms of commercial agreements which eventually leads to disputes between the parties. Parties look for ways to solve their dispute. Majority of these businesses prefer to resolve their disputes through alternative dispute resolution mechanisms, and arbitration is often the dispute resolution mechanism of choice for these parties. 5.2. Legal framework The Arbitration and concillation act is the legal mechanism for modern commercial arbitration and alternative dispute resolution in Nigeria. The ACA is the primary legislation governing the enforcement of arbitration agreements in Nigeria. The act, known as the ACA, governs both domestic and international arbitration proceedings with separate provisions for each. The First Schedule to the ACA contains arbitral rules that govern the procedure of arbitration proceedings. Whereas these rules are binding and must be applied in domestic arbitrations, they only apply by default to international arbitrations, where parties to an arbitration agreement have not expressly agreed a different set of rules such as the ICC, LCIA or UNCITRAL.[2] Nigeria being a federation, each of its 36 component states has the liberty to enact its own arbitral law to deal with contractual disputes. In Nigeria, both state and federal laws regulate arbitration. However, the federal Arbitration and Conciliation Act Cap A18, Laws of the Federation of Nigeria 2004 applies throughout Nigeria to both domestic and international arbitration, and its provisions prevail over any state laws to the extent of any inconsistency. The ACA consists mainly of the provisions of the UNCITRAL Model Law. 5.2.1.Arbitration under ACA Part 1 of the ACA deals with arbitration which comprises of section 1 to 36. The section deals with arbitration in general, including Arbitration Agreement, Composition and Jurisdiction of Arbitral Tribunals, Challenge to the Appointment of Arbitrator(s), Conduct of Arbitral Proceedings, Recourse against Awards and Recognition and Enforcement of Awards. The applicable Arbitration Rules is flexible under ACA. Parties are at liberty to agree in writing on the applicable rules. Under the ACA parties to an international commercial contract, in solving their dispute, in a case it arises, shall write an application to the courts for arbitration. Arbitration shall be refferd to in accordance with the ACA rules, or any other international arbitration rules accepted by the parties. The basic legal requirement of an arbitration agreement under this law is that an arbitration agreement must be in writing or must be contained in a written document signed by the parties (section1 of ACA). Idigbe and yamah noted Section 1 presupposes that arbitration must be consensual and indicates that an arbitration agreement may be either an express clause in a contract whereby parties agree to refer future disputes to arbitration or in a separate document (Submission Agreement) whereby parties agree to submit their existing dispute to arbitration. An arbitration agreement may also be inferred from written correspondence or pleadings exchanged between parties.[3] The following additional legal requirements for a valid arbitration agreement can be seen in the provisions of the ACA: The arbitration agreement must be in respect of a dispute capable of settlement by arbitration under the laws of Nigeria. Section 48(b)(i) and 52(b)(i) of the ACA. The parties to the arbitration agreement must have legal capacity under the law applicable to them. Section 48(a)(i) and Section 52(2)(a)(i) of the ACA.[4] The arbitration agreement must be valid under the law to which the p arties have subjected it or under the laws of Nigeria. In other words, the agreement must be operative, capable of being performed and enforceable against the parties. Section 48(a)(ii) and 52(a)(ii) of the ACA.[5] 5.3. Enforcement and Recognition of New York convention/Foreign Awards in Nigeria The New York convention was adopted by the united nation conference in 1958 and entered into force in 1959. The convention expect countries parties to the convention, to recognize arbitration between private entities and aslo public entities, and enforce arbitral awards. The convention also requires countries to enforce and recognize awards made in foregn contracting states. The new york convention is regarded as the main instrument for international arbitration. Without international standards to govern enforcement, parties neither had a guarantee that the domestic courts would enforce their awards nor that the courts would treat foreign and domestic awards equally. Buruma elaborates à ¢Ã¢â€š ¬Ã…“For instance, the Netherlands is part of the European Union, on the basis of which a Dutch judgment can be enforced in 27 European countries. Enforcing a Dutch judgment in any other country will be much more difficult, time consuming and costly. An arbitration award, rendered in the Netherlands, however, can be enforced in over 140 countries, under the provisions of international treaties such as the New York Convention of 1958 to which the Netherlands is a party.[6] Nigeria is a contracting state to the New York Convention, having acceded in 1970. The New York Convention was incorporated and domesticated into Nigerian Laws by virtue of Section 54(1) of the ACA. It constitutes the Second Schedule of the Act and has been applicable in Nigeria since 14th March, 1988. Section 54 of the ACA. Section 54 imposes a qualification that, that state that, in order to sought any recognition and enforcement, the award rendered must been made in the territoty of a country that is party to the New York Convention and have resolved a difference arising from a contractual relationship. It is also relevant to state that even though the Convention was not adopted before 1988 and the country enacted no law relating to international commercial arbitration, a foreign arbitral award in an international commercial arbitration made outside the country could be enforced in Nigeria by the combined effect of sections 2(1) and 4(2) of the Foreign Judgment (Reciprocal Enforcement) Act, Laws of the Federation of Nigeria 1960, provide amongst other things, it was registered in the High Court in this country[7] Where an award was not made in a New York Convention state, a viable option is to seek the enforcement of the award of the award as a foreign judgment under the Foreign Judgment (Reciprocal Enforcement) Act. The development and of a harmonized regime for [1] AMAZU, A. ASOUZU, international commercial arbitration and African states, Cambridge university press, Cambridge, 2001, p.1. [2] Arbitration and conciliation act, laws of the federation of Nigeria. [3] ANTHONY, IDIGBE, OMONE FOY, YAMAH, international arbitration: Nigeria, ICLG, 2010, p.1. [4] Arbitration and conciliation act, laws of the federation of Nigeria. [5] Arbitration and conciliation act, laws of the federation of Nigeria. [6] HOUTHOFF, BURUMA, à ¢Ã¢â€š ¬Ã…“international commercial arbitration: an introductionà ¢Ã¢â€š ¬Ã‚ , in house counsel practical guide, 2010, p.14. [7] EPHRAIM, AKPATA, the Nigerian arbitration law in focus, west African book publisher, 1997, p.32.

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Black Female Athletes Have Been Stereotyped Ever Since The...

Black male athletes have been stereotyped ever since the 19th century. Since Jackie Robinson’s venture into professional baseball in 1952, there has been a constant debate on the subject of the athletically superior, but intellectually inferior Black Male athlete. These black males were forever delineated as inferior to their white counterparts. As a matter of fact from the very beginning of man kind’s civilization process his established societies all over the world have sought ways to glorify the individuals that exuded or better yet, displayed outstanding physical and athletic abilities. These facts became further stated in 1619 when a Dutch Man of War, that was anchored off the East Coast of America, exchanged â€Å"20 and odd Africans† for some much needed supplies to secure their voyage back to Europe. It was there that the exploitation of Africans, and later Negroes-Colored-Blacks, and finally African-Americans, began in the Western Hemisphere. And even though Black males and Black females were rewarded for their reproductive abilities, the men were always viewed as the archetype of what physical abilities, physical talent, physical competency, physical valor, and overall physical courage looked like. These Bucks, as they were referred to, would appease the white plantation owners with sporting events such as with boxing matches, racing events, sexual exploitations, and strength lifting exercises i.e., who could stack the most bales of cotton in a given period of time.Show MoreRelatedWhite Privilege : Black Privilege Essay1864 Words   |  8 Pagesis a new term that has been classified by academia, but has been experienced for millennia. The course of history is told through the eyes of European Caucasian white males, whilst capturing, infecting or enslaving many ethnicities. Laws in the United States were at some point designed to limit the number of people that were granted freedom, liberty, and the pursuit of happiness. Even th ough they have been abolished, in current society, major companies and workplaces have found loopholes to stillRead MoreBeing Black in America2528 Words   |  11 Pagessit here and think about what it is to be Black in America. I realize how there are so many factors that affect African American people daily. One of the most damaging forces tearing at young black people in America today is the popular cultures image of what an authentic black person is supposed to look like and how that person is supposed to act. People assume all black males where raised in a single parent home. People assume that if you are a black male, that you sale drugs or you are really

Cuba Crimes Against Human Rights Essay Example For Students

Cuba: Crimes Against Human Rights Essay PART ONE CUBA: A Media Profile Media is the used around the world for the central purpose of sending and receiving information. To study the media in a country such as Cuba, you must consider the political, social and the cultural ideologies of the country. While most of the world is free flowing with information using mediums such as radio, television, the press and the Internet, Cuban people are exempted. The content within these mediums, reflect the ideologies of the Cuban government and also maintain a sense of nationalism. Information that reflects different ideologies of the Cuban government are not permitted on the island and are considered illegal. It is dangerous for a society such as Cuba to repress the basic laws of human rights and exempt its people from the freedoms that we Americans take for granted such as; freedom of expression, press, association and assembly. This document is divided into two parts. Part one, Cuba: Media Profile, which will explore the media and its function in Cuba. Part two is titled Media Under a Communist Regime. This part will exhibit the laws pertaining to media in Cuba, and the crimes and punishments of independent journalist trying to survive in Cuba. During the early 1960s, a class struggle was waged within media outlets all over Cuba. This struggle reflected the major changes taking place all over Cuban society. The Revolutions aftermath resulted in the nationalization of Cuban media. Mass media information was no longer subject to private corporations but became a public asset. The Cuban Institute of Radio and Television (IRCT), was created to supervise and manage radio and television station island-wide. In Cuba today there are 62 radio stations across the island, staffed by 911 journalists. (Salwen 84) Cuba operates one international short wave radio station, Radio Havana which broadcast in nine languages. (84) Radio Rebelde, Radio Progreso, Radio Reloj, Radio Musical National and Radio Enciclopledia are the national station heard throughout the country. There are 38 provincial and municipal stations and 92 community radio station that focus on local issues and have more limited air. (84) Radio broadcasts plays an important role in Cuba. With the fall of the Soviet Union, Cuba has found itself in an of the economic crisis. With this crisis came drastic cuts in newspaper and magazine information, and a reduction in television broadcast time. (88) This meant that much of what was covered by these media became the responsibility of the radio. Television broadcasting in Cuba began in the late 1940s. During this time Cuba was used by businesses as grounds for new technologies, making Cuba a world pioneer in television. (104) In Cuba today there are two national television channels, one international channel, and eight regional channels.(104) There are many households in Cuba with a television sets, but they are old and outdated. The end to trade with Eastern Europe has led to shortages of parts and television sets. Cuba is no longer the breaking ground for new technologies. The economic blockade has severely impacted media production in Cuba. This can be seen in the use of aged transmitters, and almost the obsolete analog technologies that have not yet been replaced. There is also a great concern for the future of radio and television image and sound archives. Irreparable losses are occurring due to the lack of air-conditioning and rise in humidity. Due to lack of audio and videocassettes, producers have been re-recording over tapes that have already been used. Of all the media, the print media was hit the hardest by the economic crisis. .u494f6f203b1d362d956ccdc7eae91a83 , .u494f6f203b1d362d956ccdc7eae91a83 .postImageUrl , .u494f6f203b1d362d956ccdc7eae91a83 .centered-text-area { min-height: 80px; position: relative; } .u494f6f203b1d362d956ccdc7eae91a83 , .u494f6f203b1d362d956ccdc7eae91a83:hover , .u494f6f203b1d362d956ccdc7eae91a83:visited , .u494f6f203b1d362d956ccdc7eae91a83:active { border:0!important; } .u494f6f203b1d362d956ccdc7eae91a83 .clearfix:after { content: ""; display: table; clear: both; } .u494f6f203b1d362d956ccdc7eae91a83 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u494f6f203b1d362d956ccdc7eae91a83:active , .u494f6f203b1d362d956ccdc7eae91a83:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u494f6f203b1d362d956ccdc7eae91a83 .centered-text-area { width: 100%; position: relative ; } .u494f6f203b1d362d956ccdc7eae91a83 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u494f6f203b1d362d956ccdc7eae91a83 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u494f6f203b1d362d956ccdc7eae91a83 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u494f6f203b1d362d956ccdc7eae91a83:hover .ctaButton { background-color: #34495E!important; } .u494f6f203b1d362d956ccdc7eae91a83 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u494f6f203b1d362d956ccdc7eae91a83 .u494f6f203b1d362d956ccdc7eae91a83-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u494f6f203b1d362d956ccdc7eae91a83:after { content: ""; display: block; clear: both; } READ: Martin Luther King Jr. and Malcolm X Essay (39) Because the printing of periodicals depended entirely on the import of newsprint and other supplies from the former Soviet Union, daily publications of magazines and other periodicals was severely cut. (39) By 1994, the number of daily newspaper that has been published weekly in the country was lass than half of what it had been in 1989.(39 ) As a result of the crisis some 300 print media journalists, that is 10% of the total island , found themselves jobless.(39) In Cuba today there are three national newspapers in circulation, Granma, Trabajadores and Juventud Rebelde. Granma is the voice of the Central Committee of the Cuban .

Papers For College - Guidelines For Writing A Good One

Papers For College - Guidelines For Writing A Good OnePapers for college often involve the acquisition of more than one type of material, which is a frequent source of error. In general, these types of papers may be divided into four different categories, each with their own specific instructions. These are commonly referred to as: thesis papers, dissertation papers, term papers, and final reports. The next few paragraphs will focus on some basic guidelines for writing each of these papers.It is important to remember that there are two basic types of term papers. Term papers for college, as well as those designed for advanced graduate studies, usually require more than two projects. Such papers typically end up with a paper that includes essays or topics that must be evaluated by other people for their relevance. It is best to ensure that your student has completed the necessary assignments before giving them a project.While it is not necessary to put in considerable effort to comple te a term paper, it is a good idea to do so. There are a number of other variables that need to be kept in mind when completing a term paper for college. These include: the length of the term paper, the format of the paper, the subject of the paper, and the method of evaluation. In general, students with undergraduate degrees in English will find it easier to write term papers for college, as the assignments will be designed for students with this level of education. Students who have earned a graduate degree in English will find this process more difficult, since the assignments will require more of an in-depth knowledge of the subject matter.Many of the guidelines associated with term papers for college should be the same regardless of the level of the degree that the student has. It is generally a good idea to do all of the writing as a class assignment. However, students should be encouraged to submit their project in order to earn credit toward graduation. A project that has be en submitted as part of a class assignment is considered to be submitted as part of the course requirements, and therefore has to meet these requirements. However, a project that is completed independently can still be accepted as long as it has been properly evaluated by an outside source.Papers for college should include a brief description of the project that has been submitted. This is also known as the bibliography or introduction. The reason for including a bibliography is to make certain that the paper contains appropriate citations. Citing sources is an integral part of research and is an essential aspect of an original paper.Papers for college should also follow a different format from that of essays. Papers for college are generally written on the basis of one single idea and should not consist of a series of sentences or paragraphs that need to be read in order. Papers for college should include several supporting pieces of evidence to back up the points made in the thesi s statement. Students are not required to include sources in this format, but they should do so if they feel it is necessary.Papers for college can also include different types of data, such as statistics, formulas, graphs, or maps. They can also include original research, if this is required by the board of admissions. If there is no requirement for original research, a student may wish to take a few minutes to think about the best essay to include in his or her portfolio.Papers for college often contain many different components. These may include projects, essays, or research, but they are all important to provide a student with a well-written project.

Writing Papers Online - The Best Way to Learn Writing

Writing Papers Online - The Best Way to Learn WritingWriting papers online can be a really rewarding experience for many college students who want to present the most engaging and well-written papers possible. By the time you graduate from high school, a lot of time is spent preparing your school work so that you have a good grade. In college, most of the class time is spent doing research for the exams that will determine the grade that you will receive.When you prepare for your exams and quizzes, you will probably spend quite a bit of time on the preparation of your paper. It is important to do this because it will help you learn and improve as a writer. If you don't study, you may end up being unprepared for the subject matter of the tests and so will most likely get a lower grade than you would have if you had done the best you could. Reading is another important skill that every student needs to develop in order to prepare for tests.Another time when you can benefit from reading your paper is during the writing portion of your exam. If you can read the material that is being taught, you will be able to see what areas you need to improve upon or just improve on. You will also have the option of taking notes during the essay that are keyed to help you learn and remember the points that were covered during the topic.When you take the time to write your paper, you need to make sure that you are getting a lot of details and ideas onto the paper. Your purpose in writing the paper is to draw attention to the most significant aspects of the topic. In addition to this, you are also trying to develop an argument for why the facts should be in support of your argument or a case for why the particular conclusion is supported by the data.Another way to use your notes to help you write your paper is to review the idea in the paper. By reviewing the paper, you will be able to see if there are things that werenot explained correctly and if the analysis you presented in th e paper is sound.When you are reviewing your paper, it is important to be sure that you are looking at all of the information on the paper. The more times that you read, the better your chances of being able to understand the material in the paper and more so, understand why it is important to write the way that you did.Writing papers online is a great way to teach yourself and improve as a writer. As long as you have the right tools and software, you will be able to develop an incredible amount of content. Keep in mind that not all writing websites are created equal so if you have questions or doubts about the website, check out some reviews.

The Undeniable Truth About Friendship Essay Samples That No One Is Sharing With You

The Undeniable Truth About Friendship Essay Samples That No One Is Sharing With You Friendship day is observed around the World as a way to give people a chance to share their feeling of love. It is very precious. It is willing to put everything on the line for the other. It is being able to cry together. Friends will be present to lend a hand when you require it and to provide you companionship whilst also being on hand to provide advice or to share a smile. They are one of most important things in our lives. They are supposed to be among the most reliable people in the world because friendship is based on trust. Friends and their friendship play a wonderful part in everybody's life. Friendship doesn't require any formalities and the should truly feel bad about whatever happens that may be an awkward situation otherwise. True friendship lasts till death and doesn't fluctuate from time to time. They can have a serious impact on a person's views and lifestyle. In many cases, they get lost with the course of the time. The Basic Facts of Friendship Essay Samples Such Friendship essay can assist you a lot. Friendships end for several factors. So friendship has to be treated very delicately. Otherwise friendship can't be possible. Friendship is a give and take relationship for sometimes we must be a buddy to be in a position to gain one. It is an essential aspect of one's life. It is a long conversation. It may be affected. In reality it could not really be categorized as a friendship at the moment. The standard acquaintance could possibly be someone that sits in class that's shared. Nonetheless, there are a few common characteristics shared among the majority of the definitions. A friend is somebody you'll be able to turn on to when all the problems of the planet are facing you. Sometimes greedy men and women become unable to lead their friendship for long on account of the lots of demands and deficiency of satisfaction. Additionally, the simple fact that girls are somewhat more emotional and vulnerable than boys can lead to excessive meanness, or even cruelty. No guy is ideal and a friend chosen with the best care won't be without failings and weaknesses. It can be challenging to speak to your parents or your college advisors, but should you get a close friend who you can definitely open up to then it offers you the best outlet to speak about the things which have been weighing on your mind. A friend is somebody who's always there with you during positive and negative times. In my opinion he is much more than that. Fully being a true friend means accepting you the way you're. Speaking from experience, a genuine friend is somebody you can lean on when you truly feel as if you don't have any other outlet. Ruthless Friendship Essay Samples Strategies Exploited Friendship is nothing apart from the custom of keeping a decent and pleasant commerce with somebody. Memories replay in your thoughts and it hits you. Find here a number of the intriguing essays on friendship day in English which is going to be a wonderful aid to you. British writer C.S. Lewis reported that friendship is something which life doesn't need and something without which life isn't needed. 1 part of friendship that's incredibly important is companionship. There's also a difference in the usa between women and men who have friendships with precisely the same sex. It isn't simple to say something bad about the friendship. however, it is a fact that any careless person becomes cheated in friendship. A real friend is among the most precious possessions that you can have in his life. The idea of friendship is quite elaborate and can be seen from very different angles. They are essential in our life just as food is essential for living. Since early childh ood, friendships play a significant role in everybody's life. German friendships offer a substantial sum of commitment and support. Even in you've got a thousand friends you're still able to add one more. Important because it's to take care to make friends it's a lot more important to take care to keep them. Friends and family will inform you the truth even if it hurts. There are several fair-weather pals.