Critically discuss the role of informal value transfer systems (IVTS) in providing access to finance for those who live in developing countries.

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Role of informal value transfer systems (IVTS)

The United Nations believes that financial inclusion is “provided by a variety of sound and sustainable institutions”, yet many of the world’s poorest cannot access such institutions. Critically discuss the role of informal value transfer systems (IVTS) in providing access to finance for those who live in developing countries.

Contrast and critically discuss the way the European Court of Human Rights and Investor-State Dispute Settlement (ISDS) arbitral tribunals address “regulatory expropriation on environmental grounds”

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Regulatory expropriation on environmental grounds

Contrast and critically discuss the way the European Court of Human Rights and Investor-State Dispute Settlement (ISDS) arbitral tribunals address “regulatory expropriation on environmental grounds”

Set the stage of the situation and identify: the major players; their interests and objectives; the reason for deciding upon Denial and Deception; the objectives of the effort; the mechanics of the effort; their effects on the situation; and their effects on the overall situation.

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Denial and Deception Critique

Set the stage of the situation and identify: the major players; their interests and objectives; the reason for deciding upon Denial and Deception; the objectives of the effort; the mechanics of the effort; their effects on the situation; and their effects on the overall situation. Finally , make a judgement on whether the effort was a success, or a failure, and why. The critique, your evaluation of the operation, MUST form the premise/thesis of this paper.

What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures?

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Johnson Bank v. George Korbaken Company, LLP]


The IRAC Method of Briefing a Legal Case

When briefing a case, your goal is to reduce the information from the case into a format that provides a helpful reference for review. Most important, by “briefing” a case, you will grasp the problem the court faced (the issue), the relevant law the court used to solve it (the rule), how the court applied the rule to the facts (the application or analysis), and the outcome (the conclusion). You will then be ready to discuss the case and compare and contrast it to other cases involving similar issues.
• Before attempting to “brief” a case, read the case at least once.
• Follow the IRAC method in briefing cases:
• I = Issue
• R = Rule of Law/Rationale
• A = Analysis/Discussion
• C = Conclusion/Court’s Decision

Issue
Write a brief summary of the facts as the court determined. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left a store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps the customer is right. Instead of including the street address in the case brief, you may want to simply describe the type of neighborhood in which it is located. (Note: The time of day would
be another relevant factor, among others, in this case).

What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about and what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the question will ultimately determine whether the business is liable for negligently failing to provide security patrols. Whether the defendant owed plaintiff a duty of care, and what that duty of care is, are key issues in negligence claims.

Write the issue in question form, for example, by asking “whether,“ “does,“ “if,“ or “what.“

Rule of Law/Rationale
Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a property owner’s duty to prevent harm to invitees is determined by balancing the foreseeability of the harm against the burden of preventive measures. There may be more than one relevant rule of law to a case. For example, in a negligence case in which the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of assumption of risk as a defense. Don’t just simply list the cause of action, such as  “negligence” as a rule of law: What rule must the court apply to the facts to determine the outcome?

Analysis/Discussion
This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all sides and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be willing to bear a higher cost for security? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean to you? Summarize the
court’s rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning. Conclusion/Court’s Decision

What was the final outcome of the case? In one or two sentences, state the court’s ultimate finding. For example, “The business did not owe the assaulted customer a duty to provide security patrols.“

Upon receiving the Claimant’s said post-hearing brief, the Respondent immediately objected on the basis this new argument cannot be presented when the Respondent no longer had an opportunity to respond / rebut this new argument. As Sole Arbitrator, what would you do?

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International Arbitration

 

PART 1 (40 marks) – ALL Questions in Part I MUST be answered (read each question carefully):

Note: In addition to any other reasons/references/explanations that a candidate ought to / may be required to provide
when addressing questions arising out of the fact matrix below, the answers should also (where possible to do so) give
reasons and refer to the UNCITRAL Model Law on International Commercial Arbitration 2006 (UML) and the
UNCITRAL Arbitration Rules 2013 (UAR).


QUESTION 1:

(a) You are the Sole Arbitrator in a dispute between two pharma manufacturing companies over an alleged breach of scope of use of intellectual property (as enshrined in the contract) due to unlawful termination. During the pre-hearing conference, both parties agreed that instead of oral closing submissions, they would want to submit post-hearing briefs (i.e. as written submissions). As Sole Arbitrator, upon going through the closing written submissions, it dawns upon you that the Claimant has presented a new argument in its post-hearing brief.

(i) Upon receiving the Claimant’s said post-hearing brief, the Respondent immediately objected on the basis this new argument cannot be presented when the Respondent no longer had an opportunity to respond / rebut this new argument. As Sole Arbitrator, what would you do?  (10 marks)

(ii) Based on the above fact scenario, can the Respondent challenge the Award or resist its recognition/enforcement if you (as Sole Arbitrator) allow the Claimant to present this new argument in its post-hearing briefs? If yes, on which ground(s)? Explain in detail.  (10 marks)

(b) An Arbitral Tribunal (AT) has issued its Final Award which is substantially in favour of the Claimant. The juridical seat of the arbitration is Italy. The Respondent feels outraged and aggrieved on a number of grounds:

(i) AT has made an error in its calculation of damages, in that it has failed to properly apply a formula agreed by quantum experts of both the Claimant and Respondent during the hot-tubbing session;

(ii) reasoning appears to be inconsistent and flawed; and

(iii) AT appears to have drawn on its own technical expertise (as two of the three members of the AT are engineers) in reaching its conclusion on an important and high value element of the claim, but it has not put the relevant analysis to the parties for their consideration and submissions. How and on what basis might the Respondent challenge the Final Award or resist enforcement, either in the seat of the arbitration or elsewhere?  (10 marks)

(c) What are the various points/issues to be covered/identified/discussed by the AT during a Pre-hearing
Conference?  (10 marks)

PART 1I (60 marks) – ELECTIVE QUESTIONS (read each question carefully):

Answer any 3 (three) whole questions from Questions 2 to 6 (each question carries 20 marks in total)

QUESTION 2: In international arbitration, why is there a commonly accepted notion that an Arbitrator must, at all times (i.e. not just during the arbitration proceedings themselves), be and remain independent and impartial? Elaborate.  (20 marks)

QUESTION 3: Litigation, Arbitration and Mediation: Compare and contrast each of these processes with each other. Further, describe any 3 (three) other ADR processes that parties to a dispute may take recourse to. Furthermore, what are the advantages and disadvantages of a hybrid procedure such as Med-Arb or Arb-Med?  (20 marks)

QUESTION 4: Basis for and factors to be considered by the Arbitral Tribunal (and its consequent implications) when considering the following applications during an arbitration proceeding:

(a) Security for Costs  (10 marks)

(b) Amendment of Pleadings   (10 marks)

QUESTION 5: Challenge to an Arbitral Tribunal (AT) – Appointment and Bias:

(a) Explain the procedure and basis for challenging the appointment of an AT under the UML and UAR.  (7 marks)

(b) With reference to the decision of the Supreme Court of the United Kingdom in Halliburton Company v/s  Chubb Bermuda Insurance Ltd. [(2020) UKSC 48], explain, in sufficient detail, the concept of arbitrator  bias. Also briefly explain this concept from the perspective of the decision by the Swiss Federal Tribunal  (SFT) in Sun Yang v. Agence Mondiale Antidopage (AMA) and Fédération Internationale de Natation (FINA)  [4A_318/2020].  (13 marks)

QUESTION 6: Arbitration agreements (AAs) and separability / severability and jurisdiction and pathological AAs:

(a) Explain the doctrines of severability / separability of AAs and Kompetenz-Kompetenz. Further, elaborate how, if at all, these doctrines have been incorporated in and are supported either by the UML or UAR. Finally, what are the practical consequences in an arbitration of each of these doctrines?  (10 marks)

(b) With reference to the jurisprudence stemming from the Singapore Court of Appeal decision in Insigma Technology Co. Ltd. v/s Alstom Technology Ltd. [2009] SGCA 24: Where an Arbitral Institution (AI) is appointed, do the parties have to adopt the procedural rules of the AI or are they free to elect any rules they see fit?  (8 marks)

(c) Name any 4 (four) Arbitral Institutions that have updated their Arbitration Rules w.e.f. 2021 (2 marks)

Who are you? What are your core values? What are your secondary values? What attracted you to fashion? What attracted you to the area of research you wish to pursue? Worldview?

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Researcher Identity Memo (Fashion)

Topics and guiding questions for themes (background-biographical sketch, motivation, and
approach to your intended area of research) in the advance organizer, subsequent
paragraphs in your assignment, and the conclusion:
• Who are you? (Personal historyWorldview, gender, social class, ethnicity, academic background)
• What are your core values? What are your secondary values?
• What attracted you to fashion?
• What attracted you to the area of research you wish to pursue? Worldview?
• How does your personal and or professional experience contribute to the research topic you’ve chosen?

Keep in mind, this is not a static exercise, your personal research position will change as you gain life experience and do more research. The rubric that we will use to assess this assignment is posted. Please review.


Format
• 1 page (1.15 spacing), 1” margins all around the page, ONLY references may be included on p. 2,
• 12 pt. Times New Roman font,
• Name, course code, & title (Research Identity Memo) in the header of the page.

What is institutional anomie theory? Does this theory seem plausible? What is deviant place theory? Does this theory seem plausible? In the context of criminology, what is event charting? How is it used by a criminologist?

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Criminological Analytics Worksheet

Instructions: Review and respond to the following questions. Make sure responses are substantive in nature and meet the required word count. There should be at least one reference per question.
A criminologist may use the analytical tool of link analysis. What is link analysis and how is it utilized? (50 to 100 words response)

 

What is institutional anomie theory? Does this theory seem plausible? (100 to 150 words response)

 

What is deviant place theory? Does this theory seem plausible? (100 to 150-word response)

 

In the context of criminology, what is event charting? How is it used by a criminologist? (50 to 100 words response)

 

What is deductive logic? How might a criminologist engage in deductive logic in their work? (100 to 150 words response)

 

How is criminology helpful to law enforcement? Provide specific examples of when criminology theory has assisted law enforcement? (100 to 150 words response)

Analyze any changes made to the area of law over recent years and evaluate the advantages and disadvantages of the area of law.

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Criminal Law: Murder

-Analyze any changes made to the area of law over recent years and evaluate the advantages and disadvantages of the area of law.
-Oscola reference
-Use British law
-use case study
-Use at least 5 sources.

Select a Division I university in the Big Ten Conference. Research that school’s student population numbers, male-female student population ratios, student-athlete numbers, and male-female student-athlete ratios.

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Discrimination

For this report, you are to examine a university athletic department and determine if it is complying with Title IX and, if not, how to get the school in compliance.

Select a Division I university in the Big Ten Conference. Research that school’s student population numbers, male-female student population ratios, student-athlete numbers, and male-female student-athlete ratios. You also will want to research the school’s athletic facilities for men and women, coaching staffing, and travel schedules.

Next, write a report (1) outlining the research that you have found, providing your analysis of whether the school is in compliance with Title IX based on the federal government’s three-part test, specifically applying each element of that test to the facts, and (3) providing your recommendations moving forward to assure that institution’s compliance with Title IX.

You shall be graded on your complete and proper explanation of the elements of the case brief and language usage.

Discuss the issues or the facts of the case and legal questions the court must decide. Discuss if the court’s decision or holdings was for the plaintiff or for the defendant and what were the reasons for the decision?

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How the Courts Address or Respect our Rights as Citizens

The presentation Point presentation will need to include:
Name the case
Discuss the facts of the case.
Discuss the history of the case (what laws or legal action was taken).
Discuss the issues or the facts of the case and legal questions the court must decide.
Discuss if the court’s decision or holdings was for the plaintiff or for the defendant and what were the reasons for the decision?
Discuss the concurring and dissenting opinions from the judge or if a jury trial, the jury.

Important: In this assignment, you are expected to elaborate the points you made in the prior assignment in Week 6. This assignment will be graded on your strength to elaborate and explain the facts of the case and proper use of visual aids, good narration, and presenting to the case and how well you stick to the case. For example, if you are using the PowerPoint, you are also expected to include proper visuals that are relevant to the case. Do not copy-paste the outline into this and call it complete.