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The effectiveness of international commercial arbitration system and a critical analysis?To resolve conflicts the alternative dispute resolution (ADR) has derived several procedures. In last few decades the ADR process becomes more important that it becomes more prevalent in international and domestic commercial contracts. The basic reason for this is the high cost of litigation, thus the parties are considering alternative methods to resolve disputes with the process which is cheaper and quicker. By using ADR the working relationship between parties will not lead to a break down. Therefore this report is based on a detailed examination of arbitration in International Commercial scenario. The report is given to define the effectiveness of the International Commercial Arbitration, the international system covering states and corporate with advantages and disadvantages of the international arbitration. The commentary also discusses the International Chamber of Commerce (ICC) alternative dispute resolution rules and the United Nations Commission on International Trade Law (UNCITRAL) rules. Furthermore, “ADR techniques fall into two discrete types. Those which seek to persuade the parties to settle and those that provide a decision. Where a decision is given then that decision may be binding on the parties, it may have an interim binding effect or may simply be a recommendation that the parties can accept or ignore”. 1 Arbitration is one of the techniques of ADR and it is very important in the international commercial sector. However to define arbitration there is no universal definition of arbitration. In different legal rules arbitration has been used differently. It has been defined in different ways by the different commentators but there are core principles that can be found in all definition. The arbitration is a private system of adjudication. The arbitration method has been used differently in different countries. Though there are distinctions between domestic and international arbitration but there are also similarities found in this method. We could find factors which could affect the international arbitration but not the domestic arbitration. The laws are likely to be different in international and domestic law e.g. international arbitration relies upon conventions for the enforcement of arbitral award. Moreover the similarities are that the parties to a dispute have option to go for mediation before choosing arbitration. Basically the arbitration agreement provides authority to the arbitral tribunal to hear and determine the dispute. It is choice of the parties to choose between the arbitration and mediation. The selection regarding arbitral tribunal could be found in arbitration agreement. The main purpose of arbitral process is to resolve disputes or differences between parties before the relationship gets end up. It is a judicial process but not as a mirror judicial proceedings by which the procedure is to meet the demands of the case. Thereafter the arbitral tribunal makes or delivers an award to settle dispute between the parties and the award is final and binding as to the matter which it decides. 2 The international institutions are very important regarding the proceedings of the arbitration and the treaties or conventions plays role for the enforcement and recognition of the arbitral award. to discuss the structure of the international commercial arbitration could lead to understand the effectiveness of the informal system as well as the critical view is a key factor to define whether the future of the system is secure and does it provide sufficient security to the parties around the world.
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The relationship between ERP systems success and internal control procedures: a Saudi Arabian studyIn recent years, Internal Control has become the focus of attention every time there is a notable scandal in the corporate world. An effective internal control system can prevent an organisation from fraud and errors, and provide an organisation with assurance and competitive advantages. It is argued that in order to have a robust internal control system, an integrated system, such as an Enterprise Resource Planning (ERP) system is needed. ERP systems have the ability to control user access and facilitate the separation of duties, which is one of the most common internal control mechanisms used in order to deter fraud within financial systems. Moreover, there are other factors that can provide support for effective internal control systems. This thesis aims to explain how ERP success, organisational and ERP factors affect the effectiveness of internal control procedures. In particular, this thesis develops and validates a research model with empirical evidence collected in the context of the Saudi Arabia business environment. In order to achieve the research aim, this research identifies four key propositions derived from the existing literature to establish the relationships between organisational factors, ERP factors, ERP success and effectiveness of internal control procedures. An exploratory study is used to initially test the four propositions. The findings indicate that different companies follow different requirements that mainly depend on ownership. Additionally, the study indicates that the eight components of the Committee of Sponsoring Organizations of the Treadway Commission’s (COSO) Enterprise Risk Management framework are considered by the companies investigated, however there are variations regarding their level of consideration. The findings suggest that further study is needed to explain the impact of ERP success on internal control and to measure the effect of the organisational and ERP factors. Based on the four propositions, four hypotheses are developed and tested in a quantitative study. A questionnaire is constructed and sent to 217 Saudi ERP-implemented companies. 110 valid responses are received. Partial Least Squares Structural Equation Modelling (PLS-SEM) is adopted for data analysis and hypothesis testing. The results suggest that the maturity of the ERP systems, formalisation and centralisation can impact on the success of ERP systems. Prospectors’ strategy, organisational culture and management support are positively related to the effectiveness of internal control procedures. The study results show a positive significant relationship between the success of ERP systems and effectiveness of internal control procedures. This research contributes to the knowledge at different levels. At the theoretical level, it develops and validates a theoretical framework that links the ERP system success to the effectiveness of internal control procedures. At the methodological level, unlike many of previous studies, this study adopts multiple data collection methods, and a powerful statistical technique, PLS-SEM to generate more robust outcomes. Finally, at the practice level, the study is conducted in Saudi Arabia, which is different from the developed countries in many aspects, such as internal control regulations and taxation system. Thus, the findings can be beneficial to Saudi organisations as well as other Middle-East countries.
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The historical evolution of the right of conscientious objection to military service in the UN human rights system: 1950-2017This paper discusses the emergence and historic development of the right to conscientious objection to military service within the United Nations framework for the protection of human rights, through the drafting history of the International Covenant on Civil and Political Rights 1966. It further explores conscientious objection as a fundamental aspect of the right to manifest one’s thought, conscience and religion and it outlines the jurisprudence of the UN Human Rights Committee in relation to conscientious objection to military service from 1981 to 2017 to illustrate the Committee’s current approach and steps to ensure compliance with international human rights standards. This paper contributes to academic knowledge by exploring the semantic restraints of the International Covenant on Civil and Political Rights and the delay of the UN human rights system in adopting a more liberal approach to the interpretation of the Covenant.
