Friday, November 15, 2019
OSI MODEL Essay -- essays research papers
Michael Rauseoà à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à IT310à à à à à à à à à à à à à à à à à à à à à à à à à OSI Model In the early years of computer and network research and development many systems were designed by a number of companies. Although each system had its rights and were sold across the world, it became apparent as network usage grew, that it was difficult, to enable all of these systems to communicate with each other. In the early 1980s, the International Organization for Standardization (ISO) recognized the need for a network model that would help companies create common network implementations. The OSI reference model, released in 1984, addresses this need. The OSI reference model became the primary architectural model for communications. Although other architectural models have been created, most network vendors relate their network products to the OSI reference model. The OSI model describes the processes necessary for effective communication in terms of a seven layered model. The seven layers are : Physical Layer The physical layer defines the electrical, mechanical, procedural, and functional specifications for activating, maintaining, and deactivating the physical link between end systems. Such characteristics as voltage levels, timing of voltage changes, physical data rates, maximum transmission distances, and physical connectors, are defined by physical layer specifications. Data Link Layer The data-link layer provides error-free transfer of data frames from one computer to another over the physical layer. The layers above this layer can assume virtually error-free transmission over the network. The data-link layer provides the following functions. - Establishing and terminating a logical link between two computers identified by their unique network interface card. - Controlling frame flow by instructing the transmitting computer not to transmit frame buffers - Sequentially transmitting and receiving frames - Providing and expecting frame-acknowledgment, and detecting and recovering from errors that occur in the physical layer by ret... ...cation layer of one system will be readable by the application layer of another system. If necessary, the presentation layer translates between multiple data representation formats by using a common data representation format. The presentation layer concerns itself not only with the format and representation of actual user data, but also with data structures used by programs. In addition to actual data format transformation, the presentation layer negotiates data transfer syntax for the application layer. Application Layer The application layer is the OSI layer closest to the user. It differs from the other layers because it does not provide services to any other OSI layer, but rather to application processes lying outside the scope of the OSI model. Examples include spreadsheet programs, word-processing programs, banking terminal programs, etc. The application layer identifies and establishes the availability of intended communication partners, synchronizes cooperating applications, and establishes agreement on procedures for error recovery and control of data integrity. Also, the application layer determines whether sufficient resources for the intended communication exist. []
Tuesday, November 12, 2019
Healthcare & Current regulatory policy
The Current regulatory policy touching on the healthcare professionals is grounded on the believe that the marketplace of these professionals services fails because of the lack of full information concerning the healthcare services on the part of the consumers of these services (Haas-Wilson, 2010). That way a number of professionals in this field can offer low quality services at prices that are not commensurate to the quality of the services to gullible consumers without the fear of being told to account for these compromised services that even flout professional ethics of the healthcare profession (Haas-Wilson, 2010).Healthcare professional are always very quick to defend the existence of these regulations arguing that they ensure that healthcare professionals are offering high quality healthcare services to each and every client of these services irrespective of whether they are informed of their right to quality healthcare services or not (Drake, 2008). Whether they ensure qualit y service to clients the way healthcare professionals argues is still a subject of intense debate.However, it is not in contention that by dictating the minimum qualification and experience that a healthcare professional should have in order to practices, there a big number of quacks who are restrain from infiltrating the lucrative healthcare market (Drake, 2008). The regulatory agencies that have been mandated to pass rules and regulations that will be used to govern the practice of the healthcare professional is also another major step at protecting the clients of these services and ensuring that they get only the best and most appropriate services.The restriction especially on advertising on the other hand which also makes up these regulations also go along way in enabling that the clients of these services make informed decision free from any influence when looking for the healthcare services. Reasons for the existence of mal-distribution of physicians in spite the high number o f physicians graduating from medical school The problem of mal-distribution of the healthcares professional is not a new phenomenon in the United States especially in the rural areas (Rapaport, 1980).This has continued despite the government intervention and even the high number of medical graduates graduating from our universities and other institutions of higher learning offering medical disciplines. Healthcare professional in this case refers to the likes of nurses, nurse practitioners, physician, and physician assistants. One of the reasons for this state of affair is due to the fact a large number of healthcare practitioners prefers to locate their medical facilities in the metropolitan areas because of their high population (Sign, & Shi, 2009).Another factor that is aggravating the already worse situation is the fact that many medical practitioners are leaving graduate school as specialists like retina specialist thereby making their application in the rural areas untenable (S ign, & Shi, 2009). Effects of this distribution in the context of diverse special populations There are a number of problems that are associated with this mal-distribution in the United States, some of these concerns that are associated with this kind of lopsided distribution include cost, access and finally quality.With scanty availability of healthcare services in most rural areas the question of high cost begin to haunt the consumers of this services. The few who are practicing in these rural areas can increase costs of these services without improving on quality of the same (Sign, & Shi, 2009). The same applies to the quality of the services which happens because of few practitioners, lack of enough information and inadequate regulation (Rapaport, 1980). Finally, the access of these services also becomes a problem to the dweller of these areas primarily because of the high healthcare practitioner to patientââ¬â¢ ratio (Rapaport, 1980).References Haas-Wilson, Deborah, (2010). The Regulation of Health Care Professionals Other Than Physician. Retrieved 25 July 2010 from http://www. cato. org/pubs/regulation/regv15n4/reg15n4d. html Drake, M. Dawn, (2008). Examining the Issue of Mal-Distribution of Physician through GIS: A Case Study of Retina Specialists in the United States. Retrieved 25 July 2010 from
Sunday, November 10, 2019
Family Management Essay
1. What information in the documentary most surprised you? The thing that most surprised me was the amount of credit cards that a household. I am currently stressed out by having one credit card, I could not even imagine multiplying that stress by 8. I understand that adults with families need credit cards to help buy necessities for their families, but I think that if you are going to take on the responsibilities of owning a credit card, you should make sure you are able to pay more then just the minimum amount. That is another thing that surprised me, the fact that 35 million people only pay the minimum amount due is really shocking because people should be well aware by now how much money they are actually loosing by doing that. 2. Do you think the government should have a role in regulating both who can get credit cards and what interest and fees consumers should pay? If so, who should be the regulators? Who would benefit from such regulation? Who would lose? Explain. I donââ¬â¢t think the government should have a role in regulating who can get a credit card or the interest rate or fees. When people sign up for a credit card, they are well aware of the responsibility that they are taking on. Everyone knows their limit and how much interest they are charged, so if you cant afford to pay something off on time you should not buy it. I donââ¬â¢t think people should blame the banks if they are being charged interest on their purchases; it is their responsibility to be able to keep track of their income and their spending. Even though the bank is making money off of people who do not pay their bills on time, they are the ones lending money to people and they need to make some profit to, like every other business out there. 3. How, according to the four ââ¬Å"normal consumersâ⬠in the documentary, does owning a credit card or credit cards affect purchasing decisions? Owning a credit card or multiple credit cards give the illusion of having more money then you actually do. The credit card makes people think that paying it later isnââ¬â¢t a big deal, when actually it buries people in huge sums of debt. Buying something for $500 and only making minimum payments for it can actually end up being double the price (depending on your interest rate). I was brought up thinking that credit cards are for emergencies and emergencies only, but now that I have one I find myself tempted to by things that are not even close to a necessity, and because of this piece of plastic, I also find that I convince myself not to worry and that I will pay it off later. It affects the purchasing decision by giving the illusion of money that most people donââ¬â¢t have, people have a hard time distinguishing the difference of their wants and their needs. Since there is an option to do a minimum payment, the majority of people are taking that route. 4. Who loses and gains the most from credit card companiesââ¬â¢ policies? The people who gain from credit card companies are the ââ¬Ëdead beatsââ¬â¢, also known as the people who pay off their entire credit card bill at the end of the month. The reason that they are the gainers is because they are the ones who never have to pay interest, therefore the credit card companies are not making any money off of them and are basically just lending money to these people. The people that pay of their entire bill at the end of the month not only donââ¬â¢t have to pay interest, but they also gain benefits and good credit rates, depending on what that bank offers. The people that lose from credit cards are the people that only make the minimum payments. The downfall with only paying the minimum payments is that they are gaining interest of the balance spent, so they are constantly loosing money. They may think that they are saving money because they are not spending a lot on payments, but in the long run they are paying double the amount. 5. Has the documentary influenced how you might use credit cards in the future? Explainâ⬠(Frontline, 2008). Definitely, Iââ¬â¢ve always thought I had a good concept on the whole credit card situation, but looking at the video has made me realize how much money I am actually loosing. Iââ¬â¢ve always paid more then the minimum payment but still, I would much rather be one of the ââ¬Å"dead beatsâ⬠. Being in school makes that next to impossible though since I cannot work as much as Iââ¬â¢d like to. This video makes me more conscious of the purchases that I make and it also makes me want to pay off my credit card off immediately! Being a student has put me into a lot of debt, I hope that once I have a career in place I will be able to pay off all of my debts.
Friday, November 8, 2019
Free Essays on Urbainization
Segregation In Urban Areas Since urbanization began in European cities, there has always been segregation, either by class, socio-economic status, political affiliation, etc. In modern American cities stratification is most heavily linked to class or race. There are many reasons that segregation in cities take place, and we will explore the more prevalent ideas of social stratification. When urban centers in America were beginning to take shape, people moved in droves to these industrial metropolises to find work and success. We studied earlier the effects of this mass immigration to cities and saw the horrid living conditions that people endured to find work. The overcrowding of cities made ghettos obvious and wealth was not directly associated with the masses of people moving in. Through the years, urban areas grew with new suburban towns encircling the city. Wealthier people inhabited these suburban areas with the ability to move in and out of cities at their own will. Cities became a melting pot of cultures in a small area. People of the same ethnic background often moved into neighborhoods in which their own culture was dominant as to fit in and feel more at home. These areas are obvious in places such as Libman 2 Chinatown, or ââ¬Å"Little Italyâ⬠. Southie, in Boston is dominated by the working class Irish people that came to the American cities as many others did: looking for work, and the American Dream. These social groupings are one way that cities become segregated. This segregation is not the discriminatory term that we usually attribute to the phrase, but the separation of social groups. ââ¬Å"The city in the 1920ââ¬â¢s was often a battleground as various groups within the population struggled for social and cultural authority.â⬠New laws in urban centers gave way to a new cultural group as well: criminals. Organized crime in the 1920ââ¬â¢s was widespread; ââ¬Å"In New York, Chicago, Detroit, and other ci... Free Essays on Urbainization Free Essays on Urbainization Segregation In Urban Areas Since urbanization began in European cities, there has always been segregation, either by class, socio-economic status, political affiliation, etc. In modern American cities stratification is most heavily linked to class or race. There are many reasons that segregation in cities take place, and we will explore the more prevalent ideas of social stratification. When urban centers in America were beginning to take shape, people moved in droves to these industrial metropolises to find work and success. We studied earlier the effects of this mass immigration to cities and saw the horrid living conditions that people endured to find work. The overcrowding of cities made ghettos obvious and wealth was not directly associated with the masses of people moving in. Through the years, urban areas grew with new suburban towns encircling the city. Wealthier people inhabited these suburban areas with the ability to move in and out of cities at their own will. Cities became a melting pot of cultures in a small area. People of the same ethnic background often moved into neighborhoods in which their own culture was dominant as to fit in and feel more at home. These areas are obvious in places such as Libman 2 Chinatown, or ââ¬Å"Little Italyâ⬠. Southie, in Boston is dominated by the working class Irish people that came to the American cities as many others did: looking for work, and the American Dream. These social groupings are one way that cities become segregated. This segregation is not the discriminatory term that we usually attribute to the phrase, but the separation of social groups. ââ¬Å"The city in the 1920ââ¬â¢s was often a battleground as various groups within the population struggled for social and cultural authority.â⬠New laws in urban centers gave way to a new cultural group as well: criminals. Organized crime in the 1920ââ¬â¢s was widespread; ââ¬Å"In New York, Chicago, Detroit, and other ci...
Wednesday, November 6, 2019
Psychotherapy Essays
Psychotherapy Essays Psychotherapy Essay Psychotherapy Essay Psychotherapy Research: Logotherapy Jonathan Guillen Langara College Abstract This paper is intended to describe and provide examples of logotherapy and where it came from. Logotherapy was developed by Viktor Frankl and is used to help clients perceive their own life and try to find meaning for it. The process of logotherapy is based on the idea that our primary motivation to life is to find meaning. This Unique form of therapy uses the idea of meaning like no other therapy has. It has received generally positive criticism and is still in use today to help people deal with anxiety disorders. LOGOTHERAPY The term ââ¬Å"Logotherapy,â⬠which is founded by Viktor Frankl, is derived from the Greek word, ââ¬Å"logosâ⬠, which means ââ¬Å"meaningâ⬠. The word ââ¬Å"therapyâ⬠deals with the treatment for disorders. Franklââ¬â¢s concept is based on the idea that our primary motivation in life is to find a meaning in life. Logotherapy was first published in 1938 Viktor Frankl and Logotherapy. During his early teenage years, Frankl became interested in psychology and even though he was in high school he also attended college psychology classes. He became interested in Sigmund Freudââ¬â¢s work and sent an article to him, titled ââ¬Å"Internationale Zeitschrift fur Psycholanalyseâ⬠to which he accepted. But by the time it was published, Frankle was now influenced by Adlerââ¬â¢s work. At 17, Frankl lectured at his college and discussed a topic on the meaning of life. His two main points were that ââ¬Å"life does not answer our questions about the meaning of life but rather puts those questions on us,â⬠and ââ¬Å"the ultimate meaning of life is beyond the grasp of our intellect, but is something we only can live by, without ever being able to define it cognitivelyâ⬠After Adler established his school of psychology around the same time the First World War ended, many people had the existential question of the meaning of life, which was of course what Frankl took advantage of. In 1930, new concepts and coined new terms, namely, Logotherapy. ââ¬ËWith the rise of Hitler, Frankl was taken to a concentration camp. Although he was stripped of everything, during this time he managed to write his book Aerztliche Seelsorge, later published in English as ââ¬Å"The Doctor and the Soul. â⬠ââ¬â¢ ââ¬Å"The Doctor and the Soulâ⬠had Franklââ¬â¢s theories. The 3 tenets of Logotherapy were tested in the camps in which he was in. 1. Life has meaning under all circumstances, even the most miserable ones. 2. Our main motivation for living is our will to find meaning in life. 3. We have freedom to find meaning in what we do, and what we experience, or a least in the stand we take when faced with a situation of unchangeable suffering. After his release, Frankl refined and strengthened the idea of Logotherapy. He worked at a hospital where he would practice his methods on patients Assumptions There are several assumptions in Logotherapy, which like any other form of psychotherapy, cannot be proven or disproven with any absolution. The Logotherapy Institute states that ââ¬Å"to see if these assumptions make sense in our lives, we must assume that they are true. The following list is the assumptions of Logotherapy as listed on the Logotherapy Institute website. 1. ââ¬Å"The human being is an entity consisting of body, mind, and spirit. 2. Life has meaning under all circumstances, even the most miserable. 3. People have a will to meaning. 4. People have freedom under all circumstances to activate the will to find meaning. 5. Life has a demand quality to which p eople must respond if decisions are to be meaningful. 6. The individual is unique. ââ¬Å"The first assumption deals with the body (soma), mind (psyche), and spirit (noos). According to Frankl, the body and mind are what we have and the spirit is what we are. Assumption two is ââ¬Å"ultimate meaningâ⬠. This is difficult to grasp but it is something everyone experiences and it represents an order in a world with laws that go beyond human laws. The third assumption is seen as our main motivation for living and acting. When we see meaning we are ready for any type of suffering. This is considered to be different than our will to achieve power and pleasure. Assumption four is that we are free to activate our will to find meaning and this can be done nder any circumstances. This deals with change of attitudes about unavoidable fate. Frankl was able to test the first four assumptions when he was confined in the concentration camps. The fifth assumption, the meaning of the moment, is more practical in daily living than ultimate meaning. Unlike ultimate meaning this meaning can be found and fulfilled. This can be done by following the values of society or by following the voice of our conscience. The sixth assumption deals with oneââ¬â¢s sense of meaning. This is enhanced by the realization that we are irreplaceable. Key Concepts Frankls approach is based on three concepts: * Freedom of Will * Will to Meaning, * Meaning in Life Freedom of Will According to Logotherapy, we are free to make decisions and we are capable of taking our stance towards psychological and biological or social conditions. Freedom is defined by Logotherapy as the space of shaping ones own life within the limits of the given possibilities. Our freedom comes from the spiritual dimension of the person. As spiritual people, we are autonomous beings capable of actively shaping our lives. The idea of freedom of will plays an important role in psychotherapy, in that it provides clients with room for autonomous action even in the face of somatic or psychological illness. It will help them cope with their symptoms and will be able to take control of their lives and gain some determination to take control. Will to Meaning This concept describes humans as striving to achieve goals and finding a purpose. This is derived from the idea that our primary motivation is to find a meaning in life. If we cannot realize our Will to Meaning, we pose our existential questions and consider ourselves to be meaningless and feel a sense of emptiness. This frustration of the need to be able to find meaning and not being able to could lead to aggression, addiction, depression and possible suicide and could increase neurotic disorders. Logotherapy/Existential Analysis (LTEA) assists clients in perceiving and removing the factors that hold them back from pursuing meaningful goals in their lives. Clients are assisted in the perception of meaning potentials; clients are not offered specific meanings. Instead, they are guided and assisted in finding out their own meanings and purposes that could be possible for their own lives, on their own. Meaning in Life LTEA is based on the idea that meaning is not an illusion, but an actual obtainable substance. According to LTEA humans try their hardest to do the best for themselves and for their surroundings by finding a meaning in every situation of each moment. The meaning potentials are continually changing based on the current situation of a person. LTEA does not tell or offer a meaning to client, but instead, helps the client achieve the ability to shape their own lives in a meaningful way to help them find their own meaning in their own lives. Therapeutic techniques Paradoxical Intention Paradoxical Intention is used for those with compulsive disorders and anxiety disorders. The idea is to get the client to expose themselves intentionally or to wish for a situation that creates anxiety. This is used to break the cycle of a symptom that creates a symptom that is so feared that the anxiety rises, and thus, creates that very symptom one feared. A popular case study is the case of the sweating doctor: ââ¬Å"A young doctor had severe hydrophobia. One day, meeting his chief on the street, as he extended his hand in greeting, he noticed that he was perspiring more than usual. The next time he was in a similar situation he expected to perspire again, and this anticipatory anxiety precipitated excessive sweating. It was a vicious circle â⬠¦ We advised our patient, in the event that his anticipatory anxiety should recur, to resolve deliberately to show the people whom he confronted at the time just how much he could really sweat. A week later he returned to report that whenever he met anyone who triggered his anxiety, he said to himself, I only sweated out a litre before, but now Im going to pour out at least ten litres ! What was the result of this paradoxical resolution ? After suffering from his phobia for four years, he was quickly able, after only one session, to free himself of it for good. (from Pyschotherapy and Existentialism, p 139)â⬠Dereflexion Dereflexion is used for those with Sexual disorders and sleeplessness and also for anxiety disorders. The aim of this technique is to get the client to obtain focus on something different than the problem, presumably, something more positive or meaningful. For example, if the client is not able to sleep and they try too hard to fall asleep that it is keeping them awake, their thoughts must be diverted. Socratic dialogue / modification of attitudes Socratic dialogue is often used by logotherapists, they use this to help the client be aware of, at least, the possibility to fine the freedom to find and/or fulfill the meaning in life. Logotherapy and Other Therapies Psychoanalysis In Psychoanalysis Adler and Freud both focus on the past problems whereas Logotherapyà focuses à rather on the future, that is to say,à onà theà meanings à toà be à fulfilledà inà his futureâ⬠(Frankl, 1984, p. 120). Psychoanalysis also focuses on the ââ¬Å"Will to Powerâ⬠and the ââ¬Å"Will to pleasureâ⬠whereas Frankl believes that the main striving for mankind is to find a meaning, and pleasure is merely what happens when one finds meaning. Existential Logotherapy is often considered to be part of existential analysis because they both deal with guiding a patient when existential questions are asked. Logotherapy helps the client find the ââ¬Å"hidden logo of his existence. â⬠(Frankl, 1984, p. 125) this is said to be an analytical approach; however, there is a difference. Logotherapy is a spiritual oriented approach whereas existential is an analytical process in which the clients spiritual needs are addressed. Person-Centered Therapy It is claimed by many, that logotherapy is a person-centered therapy that focuses heavily on the future Gestalt Therapy Gestalt is similar in that it is existential therapy, but it also incorporates phenomenological approaches. Gestalt is based on the idea that people must be ââ¬Å"understood in the context of their environment. â⬠(Gerald Corey, 2009, p198) Gestalt focuses on the perceptions of reality, as well as the idea that people are always discovering themselves and life, based on their environment. Logotherapy focuses only on the meaning of life to cure current problems and have a better future. Criticism Logotherapy has been mostly favourable by psychologists. Some strengths of logotherapy include the inspiration of Franklââ¬â¢s life. If people understood what experiences he had during the holocaust, people would be able to find hope in smaller istuations. Logotherapy is simple to understand, and could really change ones life and enhance it. It speaks mostly of meaning, which is not usually addressed in most other therapies. There have a been very few negative criticisms, including that logotherapy may be too authoritarian, not scientific enough, based on intuition, and not enough things are covered, so some may call it too narrow as well. Some have said that it is only an excuse for Frankl for not being able to deal with people with existential problems
Sunday, November 3, 2019
Old Guard vs. Avant-Garde Essay Example | Topics and Well Written Essays - 1000 words
Old Guard vs. Avant-Garde - Essay Example Well, until today, there has been an increasing number of different versions of descriptions on what music is and what it is not. However, there has not been a single universally acknowledged definition of music as it is a wide realm of art that is hard to limit within a sentence to encapsulate everything that it is. Well, to be able to understand music in its entirety, it is best to revisit its history. First of all, to give you the most general definition of music, it is an artistic form of auditory communication that incorporates instrumental or vocal tones in a structured and continuous manner. Another great description of music would be that ââ¬Å"it is any pleasing and harmonious sound created by singers or musical instrumentsâ⬠(Espie, n. d.). These descriptions came about during the Medieval Ages where musical notation, such as monophony and polyphony, were developed. Monophony is characterized by a music that only consists of one melodic line without accompaniment and where the beauty of the chant relied on its melody. On the other hand, polyphony is a type of music created by two or more melodic lines which are heard simultaneously ("History of Music", n. d). Music in the Medieval Ages was considered the ââ¬Å"old-guardâ⬠music because at that time people were not open to welcoming other ideas and means of creating music outside of these standard definitions stated above. Avant-garde music on the other hand, is basically the merging of all the elements and genres of music, such as the Medieval, Classical, and Romantic etc. It strongly reflects the modernist style of art music where the irregularity of melody or consistent tune and the rejection of tonality are being embraced. John Cage is an artist and composer being well known for this. He promoted the use of almost anything that could produce sound as one of the instruments to create music and at the same time considered the sound of nature and the most random things as part of his music . Two of his popular works are the ââ¬Å"Dreamâ⬠and ââ¬Å"Souvenirâ⬠. John Cageââ¬â¢s ââ¬Å"Dreamâ⬠for me is a bright illustration of an ââ¬Å"avant-gardeâ⬠work. This is because of the fact that there is no consistent melody that reflects monophony and polyphony. Another point worth of noting would be the pauses or silence, which is the element that is imminent in the ââ¬Å"Dreamâ⬠and would never be considered as music per se within the context of ââ¬Å"Old guardâ⬠era. Aside from that, one would be able to notice the altering of tonality from high to low and from long stretches of pitches to a sudden halt. Medieval Age music is totally the opposite to that of modern or avant-garde era being distinct by its repetition of melody and tones, which is something you would not be able to hear in the ââ¬Å"Dreamâ⬠. Every deployed tone is a new phase of music that reflects randomness and an expression of real life (Eidt, n. d.). A lot of peop le regard John Cageââ¬â¢s ââ¬Å"Dreamâ⬠as something that is composed of merely an expression of random outcome of events, which is an element that is not recognized within the ââ¬Å"old-guardâ⬠technique. Mainly the piano was used to create this music and what makes it special is that the notes being hit are not based on a certain standard of tonality instead they are based on the musicianââ¬â¢s score. This allows this work of his to uncover a deeper mystery and beauty as it is not repetitious and predictability of the piece is not there. Thus, its element of silence which is distinct feature of the ââ¬Å"Dreamâ⬠contributes to something new in the music sphere and causes a lot of aspiring musicians to create the same mystery and at the same time producing a story that would reflect the reality of change in everyday life. Although the
Friday, November 1, 2019
International Commercial Arbitration and Privity of Contract Essay
International Commercial Arbitration and Privity of Contract - Essay Example What is international commercial arbitration? International commercial arbitration is a way in which parties can use an alternative method of dispute resolution on an international level. International law however does not clearly and concisely define what it is in reality. Alternatively, the UNCITRAL contains a Model Law which governs and defines more clearly international commercial arbitration as ââ¬Å"any arbitration whether or not administered by a permanent arbitral institutionâ⬠.1 David also provides a definition which states that ICA is a tool by which parties can settle a question by decisions of third parties ââ¬Å"who derive their powers from a private agreement, not from the authorities of a State, and who are to decide the case on the basis of such an agreementâ⬠.2 Indeed, arbitration clauses are often specifically contained in contracts, which are specified as binding on the parties outside of court: ICA is binding privately according to the agreement of the parties.3 The purpose of the UNCITRAL Model Law is to aid states in reforming and brining up to date their national laws and regulations on the process of arbitration and it was adopted and implemented globally some 26 years ago.4 The Model Law is comprehensive and applies to all signatory states in many areas of ICA, including the recognition and enforcement of orders and awards, though states are not obliged to directly apply the law in their domain. Such countries prefer to use the Model Law as a framework which they adapt to coincide with their own national laws, economic systems, and public policy norms. Privity of Contract in International Commercial Arbitration Privity of contract requires that all parties to an agreement must voluntarily commit to the agreement for it to be enforceable; this is otherwise termed as mutual consent. In an ICA context, it can thus be applied to state that the parties to a contractual arbitration clause must voluntarily agree to the content of t he clause before it can be deemed binding upon the parties. Essentially, it is stated that arbitration without privity is not enforceable; particularly if ââ¬Å"coercion, fraud,...[and]... lack of identity of the partiesâ⬠is evident.5 Privity of contract thus aims to provide an equal playing field for both parties who come from different counties, as it allows them to rely on arbitration clauses in order ââ¬Å"to be free of national procedural and substantive lawâ⬠.6 ICA thus allows disputes which may arise between parties to become subject to regulations which are on a different level to the national laws of the parties so that claims concerning international privity of contract may be avoided. By agreeing on an alternative method of arbitration, both parties are able to be defined as autonomously agreeing to settle their disputes in a value-free manner. However, this again is differently viewed in practice, as many express concern in relation to privity of contract be cause parties to a contract may not be said to be parties to the international regulations on ICA. This claim is further aggravated by the fact that the UNCITRAL in particular is often altered or adjusted to fit in with national law, and its content is thus
Subscribe to:
Posts (Atom)