Tuesday, December 31, 2019
Gun Control Laws On America - 1369 Words
Many activist think that they could control the gun violence in America, just by taking away weapons from the people and making new laws. What they donââ¬â¢t know is that there are many loopholes in the laws that they make so peoples find ways to get guns. We already have gun control laws from back then. the government just passed more laws instead of enforcing the laws that we already. â⬠The activists pass more and more laws thinking that the more laws we have the better they would be enforced.â⬠(Drake) They banning all sorts of guns and doing a whole bunch of other useless things. the guns have been in america s history for hundreds of years and they are just now making newer laws that causes them to ban guns. The percentage of people supporting the gun control laws went up by eight percent. The guns have been in america for hundreds of years and the gun control and restriction laws have been very slowly taking out the guns in america. A little more than half of the americans are mad about the new gun control laws and it is like every other month they are coming out with new ones. They say that it is way more important to protect the rights for american gun ownership. ââ¬Å"The second amendment almost guarantees the way to defend the americans.â⬠(Millhiser) ââ¬Å"Today lots of citizens see the rights to bear arms is an important means of their self defense.â⬠(Anonymous) Americans think that the semiautomatic firearms are the type of gun that should be banned. ââ¬Å"Half of the americansShow MoreRelatedAmerica Needs Gun Control Laws Essay903 Words à |à 4 Pages Guns have been the weapon of choice for some of the most brutal massacres on America soil. Since early history guns have been used mainly for militia and defense purposes. But, the development of new gun technology has made firearms more accessible and deadly. Although the second amendment gives the right to bear arms, guns should be controlled and monitored by the government because guns have contributed to a lot of killings in America and will increase crime rates. Gun control can be definedRead MoreEssay on America Needs Gun Education, Not Gun Control Laws1735 Words à |à 7 Pages Gun crime in America has become a big issue. We are barraged by news outlets with story after story showing the wide use of guns in horrific and tragic crimes. These crimes all too often end in single if not multiple deaths. Politicians and law makers are constantly trying to find ways to reduce these crimes and keep the public safe. Unfortunately their ideas or methods involve some measure meant at reducing or eliminating the publicââ¬â¢s access to guns. This method only infringes on the basic andRead MoreAmerica Needs Stricter Gun Control Laws Essay1161 Words à |à 5 Pagesmillion non ââ¬â military guns in Americaâ⬠(Oââ¬â¢Brien and Stanton). Many people that own a firearm usually have more than one gun. Also, a majority of gun owners feel that owning a firearm is the best way to protect themselves at home. With the large number of guns said to b e in America, there needs to be a way to prevent the number of frequently occurring mass shootings. The solution to this issue is called gun control. Gun control needs to be implied more in our society because gun related crimes are mostlyRead MoreEssay on America Needs Stricter Gun Control Laws1530 Words à |à 7 PagesGun control has become more of a hot topic in recent years. Some believe that there is no need for additional gun control. On the other hand, we have some that believe that the government can improve gun laws. Although many believe that gun control will violate their rights, the idea of stricter gun control laws can help communities. We live in very violent times. There are daily accounts reported in the media about shootings. We do well to ask, Is there a solution to this growing crisis? YesRead More America Needs More Gun Control Laws Essay2848 Words à |à 12 Pages but sometimes the government has too much trust in the American people. Taking away all privately owned guns is not the answer, because doing so would consequentially create a communist state. Instead, the best solution is to control who buys guns and for what purpose. There are over 283 million licensed guns in the U.S. (Herbert p1), which does not include the unregistered and illegal guns people own, buy, and sell from the underground economy and other sources. The Second Amendment of the U.SRead MoreEssay about America Needs More Gun Control Laws1397 Words à |à 6 Pagesacross the United States. Nevertheless, in todayââ¬â¢s society, gun violence is sparking debate and controversy on how to control gun violence. Throughout the country, tho usands of laws and regulations have been created to aid in the control of guns. Through much study, the gun laws and regulations in place have very little effect on the number of gun related injuries and deaths. More needs to be done to establish an effective way to control gun violence. Potential Solutions Shootings in the United StatesRead MoreShould Gun Control Laws Be Banned? The United States Of America?1605 Words à |à 7 Pagesstronger and more concrete gun laws, while allowing anyone with ideal safety to obtain guns Be it enacted by the 9th grade Senate of Wayzata High School Guns must not be banned in the United States of America, but it is imperative that stricter gun control laws are put into place. Currently, there are many flaws in gun safety that need to be amended rather than banning guns altogether. These reasons include situations where guns can be used effectively for home protection, guns are being sold to peopleRead MoreEssay about America Needs Stricter Gun Control Laws2201 Words à |à 9 Pagesruled the land. People with guns have fought and won our freedom from many different countries. Since we have had guns for so long in America, it has become a tradition to get or own a gun. It would make people go insane if the people got their right to bear arms taken away from the government (Alters2 1 of 8 ). Since the beginning of fire arms it has become a tradition for most families in America. Firearm ownership has been an America tradition and it has been in America since the early 1600s whenRead MoreStricter Gun Laws in America829 Words à |à 4 PagesSTRICTER GUN LAWS IN AMERICA ââ¬Æ' America needs stricter measures on gun usage because other countries have clearly shown that it is possible to have a much lower percentage of gun-related violence. The obvious changes that America needs to improve on are stricter gun-control laws, and a system of education before people are allowed to own guns. Guns were used in 11,078 homicides in the U.S. in 2010, comprising almost 35% of all gun deaths, and over 68% of all homicides (Statistics onRead MoreBennett Dorton. English 11. 1-26-17.Gun Control In America.1270 Words à |à 6 PagesBennett Dorton English 11 1-26-17 Gun Control In America Every time a gun injures or kills in self defense it is used seven times in a criminal assault or homicide; furthermore the main argument against stricter gun laws is the fact that they are needed for self defense. Gun control is a very controversial and debatable topic, and many people have different opinions. In the Constitution, The Second Amendment gives the right to bear arms, but there have been restrictions
Monday, December 23, 2019
How The School Collects Data Measure Overall...
How the School Collects Data to Measure Overall Organizational Performance There are many issues the school needs to consider before starting to collect data. When the school collects data, the school has to observe confidentiality. Therefore, when reporting data, it is important not to reveal students private information and only report on groups large enough to make it impossible to identify individuals. The school reports on groups that are twenty or more people and follows the Family Educational Rights and Privacy Act (FERPA). The school seeks permission from the administration and parents, where appropriate, to collect data. The school considers the challenges faced in collecting data such as barriers in language, schedules, access to computers and transportation for the persons involved with the data collection. These challenges need to be conquered before continuing. The school must know the population of the people who will participate. Whereas, there are different so urces that can be used to answer the evaluation questions. One source used to answer questions is using data already taken by the school or districts. However, some evaluation questions may need more information. Thence, the school collects data through data systems, surveys, focus groups in addition to already gathered data. The school has data systems that include information about the individual student. Included in this data system are student demographics, achievement, attendance,Show MoreRelatedOrganizational Performance Measures For School Performance1701 Words à |à 7 PagesA. Organizational Performance Measures Our school organization determines key organization performance measures in several ways. Our organization has been in school improvement for the past several years. We have gone through several initiatives and mandates required from the state to make improvements on our benchmark assessments specifically, the end of year assessment that the state uses to evaluate our schools overall performance. Our school organization has implemented a school transformationRead MoreDescribe Your CompanyS Position Within The Pillars Of1730 Words à |à 7 PagesCapabilityââ¬â¢ in that there are other bigger pharmaceutical companies that are investing heavily in data analytics as well. Regarding Enterprise-wide analytics, Sanofi has performed well. In the five years I have been with Sanofi, the company has invested in Business Objects, SAP, Cognizant, WorkDay and other data bases to increase data workflow efficiency across departments as well as facilitate standardized data collection and reporting, ultimately to enable effective strategic decision making. RegardingRead MoreReal Case Analysis on Volero Energy-Fact Based Decision Making1885 Words à |à 8 PagesKathmandu University School Of Management (KUSOM) Valero Energy, Elkay Manufacturing, Jamp;J , and Overstock.com : The Move Toward Fact ââ¬â Based Decision Making Submitted To: Mr. Sandeep Timsina Course Instructor Submitted By: Alisha Shah (12327) MBA ââ¬â Term III, Date : 20th November, 2012 Valero Energy, Elkay Manufacturing, Jamp;J , and Overstock.com : The Move Toward Fact ââ¬â Based Decision Making Case Synopsis Data driven decision making or theRead MoreMeasuring Counselors For An Organization That Provides Marriage And Family Counseling1337 Words à |à 6 Pagesare setting up an assessment center to measure the competencies of current or potential counselors for an organization that provides marriage and family counseling for a population that consists primarily of immigrants and people with low-incomes. What types of assessments might you use? What competencies would you be looking for? An agency that provides marriage and family counseling will need all counselors to participate in assessments to help measure their competencies. The assessments willRead MoreRelationship Between Employees Motivation And Job Satisfaction2402 Words à |à 10 PagesNationals specification in Business SUBMITTED BY Student No: Under the Guidance of Mr. LUKE MINSHALL December 2012 ââ¬Æ' TABLE OF CONTENT CHAPTER I INTRODUCTION P.NO : CHAPTER 2 REVIEW OF LITERATURE P.NO : CHAPTER 3 DATA COLLECTION METHODS P.NO : CHAPTER 4 WORK SCHEDULE P.NO : CHAPTER 5 REFERENCES P.NO : ââ¬Æ' CHAPTER - 1 INTRDUCTION Todayââ¬â¢s business environment is highly competitive and rapidly changing. Many organizations are competing to surviveRead MoreBaldrige National Quality Program45979 Words à |à 184 Pages2008 Baldrige National Quality Program Education Criteria for Performance Excellence THE MALCOLM BALDRIGE NATIONAL QUALITY AWARD A Public-Private Partnership Building active partnerships in the private sectorââ¬âand among the private sector and all levels of governmentââ¬âis fundamental to the success of the Baldrige National Quality Program in improving national competitiveness. Privatesector support for the Program in the form of funds, volunteer efforts, and participation in informationRead MoreHuman Resource Management for the Local Government: Measuring Its Impact on Organizational Performance3273 Words à |à 14 Pages RESEARCH PROPOSAL Human Resource Management for the Local Government: Measuring its impact on Organizational Performance Introduction: Two types of government deliberate public services in Nepal: the central government and the local government. While the central government governs the sectoral ministries, departments and their regional and district offices, the local government supports the local governance. Nepal has a two-tier system of the local governance, with village and municipal bodiesRead MoreImproving Instructional Outcomes For Overall Effectiveness3975 Words à |à 16 PagesEducators are faced with mounting pressures of accountability and the constant quest for meaningful ways to identify various types of critical data sources, how to collect and analyze data properly, and most importantly, at the core of educator focus, is how to use the data to improve instructional outcomes for overall effectiveness (Monsaas Engelhand, 1994; Wise, Lufkin, Roos, 1991; Lane Stone, 2002; Wayman, Midgely, Stringfield, 2006; Shen Cooley, 2008). In response to more rigorousRead MoreRelationship Between Rewards and Emp loyee Motivation1943 Words à |à 8 Pagesinfluence of rewards (payment, promotion, recognition and benefits) on employee work motivation. Subjects for the study consisted of one hundred and sixty seven employees of commercial banks of Kohat, Pakistan. Data for the study were gathered through the administration of questionnaire. The data collected was subjected to appropriate statistical analysis using ââ¬Å"Pearson Product Moment Correlation Coefficient and Analysis of Variance,â⬠all the findings were tested at 0.01 and 0.05 level of significanceRead MoreMHR 523: HR Individual Case 11087 Words à |à 5 Pagesorganizationââ¬â¢s character. In addition, as MLS is a unionized organization, Lance should have taken measures to ensure that job analysis steps meet various provisions of the collective agreement between the management and the unions. He could also have studied industry and government reports (Schwind, Das, Wagar, Fassina Bulmash, 2013, p. 52) on Human Resource m anagement (HRM) positions first to collect information on HR management and the factors for job success. Collection of Job Analysis Information
Sunday, December 15, 2019
College and Herb Block Foundation Free Essays
Of all your courses, activities, internships, and work experience, which one did you ? nd most rewarding or personally satisfying? Explain why. The most rewarding work experience that I have had was to work as a volunteer for the International office at Northern Virginia Community College. Personally, I considered volunteering responsible work because it requires time effort and commitment. We will write a custom essay sample on College and Herb Block Foundation or any similar topic only for you Order Now Working as a volunteer with the International Office was meaningful to me because I was able to assist so many students in achieving their dream of obtaining an American college education. I was able to help the International Students and to give them a better understanding of the resources that NOVA offers to international students. Furthermore, my responsibility was to arrange student get-togethers and in so doing build a sense of community and cohesion. My purpose for volunteering was to assist international students, many of whom are away from home with very little support at a very young age, with making a smooth transition in to a new coulter. This is particularly important to me because I am a dual citizen of America and Pakistan and understand the difficulty of assimilating into a new culture. FUTURE GOALS Based on your current achievements and interests, describe the kind of work that you plan to be doing in 10 years, both in your career and in your community. My goal is to get my Masters in Information System and Operation Management (ISOM). I chose this major because I have strong curiosity to learn about Information System Technology. However, I am also interested in business. I am excited about my major because ISOM, which is a mixture of IT and business, will prepare me to be successful in the future. Furthermore, in 10 years, I hope to be working with Multi Complex Corporations well established in a successful career, after earning Masters in (ISOM) Information System and Operational Management. I am very confident that in next 10 years, I will be in a position that will to utilize my talents and use my skills to solve important problems facing our world today. I see myself inviting new and exciting challenges in ISOM field. Also, I believe that throughout my study I will be able to help my community by providing them information about IT skills and about its advantages which would encourage young people to learn more about it. How has a family member, mentor, or personal experience been in? uential in your life? My personal experience and family background have a strong influence on me and on my education. I am motivated to graduate college because neither of my parents graduated from college. I am only the second person in my family to attend college and hopping to achieve my goal of obtaining my Associates of Science in Information Technology and then attending a four years institution. Moreover, the hard work of my parents has always inspires me. In addition, I am very thankful to them for supporting me in my efforts in of obtaining an education. Form my cultural background perspective, very often girls are not allowed to get an education but I really appreciate my family for providing me the opportunity to get a good education so I can have a brighter future. In 2012, I graduated with 3. 8 GPA form T. C Willimsââ¬â¢s high school and last semester at NOVA I finished with a 3. 4 GPA. I am very passionate about my studies. However, my financial situation has proven to be an obstacle in my pursuit of academic success. My financial situation does not allow me to focus solely on my academics; this is why I am applying for the Herb Block Foundation Scholarships. I hope through this scholarship, I will be able to finish my community college career without finances being a barrier to my success. With the help of the Herb Block Foundation I will forge a brighter future my family my community and myself and ultimately the world at large. How to cite College and Herb Block Foundation, Papers
Saturday, December 7, 2019
Color and Wise Head free essay sample
When I born, I black. When I grow up, I black. When I go in sun, I black. When I scared, I black. When I sick, I black. And when I die, I still black. And you white people. When you born, you pink. When you grow up, you white. When you go in sun, you red. When you cold, you blue. When you scared, you yellow. When you sick, you green And when you die, you grey And you calling me colored Written by an African child and nominated by UN as the Best Poem of 2006. Sayings Beware of a silent man and still water A large expanse of water that is still and does tot move is often deep and dangerous.We should be careful of it. In the same way, we should be careful with a person who does not talk much. A still tongue makes a wise head Someone who does not talk much, but listens to other people, probably has experience, knowledge and good Judgment. We will write a custom essay sample on Color and Wise Head or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Barking dogs seldom bite Dont be afraid of dogs that bark or people that threaten you (say they will do something bad to you) in both cases they rarely take action. Say well or be still If you cannot speak good of someone or something, then it is better not to speak. All truths are not to be old Some truths are better left unspoken.It Is not always necessary to repeat something even though It be true. Truth needs no colors Facts are facts. What Is true is true, and it does not need decoration. Early to bed and early to rise makes a man healthy, wealthy, and wise It Is good for us to sleep early In the evening and wake early In the morning. If you pay peanuts, you get monkeys An employer who pays low wages will have bad staff. Money doesnt grow on trees Its not easy to get money. We have to work hard to make money. We cant Just walk around and pick It like fruit from the trees.
Friday, November 29, 2019
Settlement of Oil and Gas Disputes Domestic and International Perspectives free essay sample
They are used for numerous products, in addition to serving as the worlds primary fuel source. The processes and systems involved in producing and distributing oil and gas are highly complex, capital-intensive and require state-of-the-art technology. Though efforts are being made to develop alternative sources of energy the world over, Oil and Gas will no doubt remain the largest fuel in the international energy market for some time and demand for the resources will continually create transactions and the attendant disputes. We all know that big business means big problems! The focus of this paper is to highlight the types of disputes which arise in the Oil and Gas industry, the type of Dispute Settlement/Resolution mechanisms available for resolving such disputes, issues of jurisdiction vis a vis private international law, consideration of the enabling instruments and laws and a practice guide to commencing/defending oil and gas related suits and finally a consideration of the Petroleum Industry Bill. We will write a custom essay sample on Settlement of Oil and Gas Disputes: Domestic and International Perspectives or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 1. TYPES OF DISPUTES IN THE OIL AND GAS INDUSTRY. Disputes in the oil and gas sector the world over can span a range of subject matter, involving diverse parties. Some of these areas of disputes are outlined as follows: | * International and Local Maritime Boundary Disputes: With the increased demand for oil and gas and the uncertainty enshrouding oil prices in recent years, there has been a marked increase in disputes between Countries and also between states within Countries involving issues of territorial rights and resource ownership. An example of a local maritime boundary dispute is that in Attorney-General Rivers State v. Attorney-General, Akwa Ibom State amp; Anor (2011) LPELR-SC. 27/2010, (2011) 8 NWLR (1248) 31. The case involved a dispute between the governments of Rivers State and Akwa Ibom State respectively over the allocation of 172 offshore oil wells within the sea boundary shared by both states. The parties had earlier in accordance with a Political Solution, in a meeting attended by the two states and the Federal Government, reached an agreement which was put down into writing and dated 31st October, 2006, that the two states would share the revenue accruing from the 172 oil wells at an even proportion of 50% each i. e. 86 oil wells to each party. However, in 2008 the Nigeria Boundaries Commission (NBC) and Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) on behalf of the Federal Government, unilaterally allocated all the oil wells to Akwa Ibom in line with a Historical Solution which had been a form of solution proposed in an earlier action in Court (AG Federation V. AG Abia (2002) 6 NWLR (Pt 764) 542) but which was however not granted as a form of resolution by the Supreme Court. It was on the basis of the action taken by NBC and RMAFC that Rivers State brought an action before the Supreme Court. The basis of the decision of the Supreme Court which was in favour of Rivers State was the principle of estoppel and other principles of law of Contract which were heavily relied upon in the lead judgment. | | * Disputes arising from State acts:| | The Government i. e. National Government grants concessions or licenses to local and foreign investors to conduct oil and gas exploration and production. However, with the recent surge in oil prices, disputes have arisen as government introduces measures such as expropriation and nationalisation, in order to gain some windfall from spikes in the market. Disputes also arise from implementation of governmentââ¬â¢s rights or policies under licences granted to oil companies or contracts signed with companies. An example of the latter form of dispute is the case of Nigerian National Petroleum Corporation V. Famfa Oil Limited amp; Anor (2009) LPELR-SC. 178/2008; (2009) 12 NWLR (Pt. 1156) 462 where the Federal Government of Nigeria exercised its right to ââ¬Å"back inâ⬠and re-acquire participating interest in an Oil Mining Lease granted to an indigenous Oil and Gas Company. See also The Federal Government of Nigeria amp; Ors V. Zebra Energy Limited (2002) LPELR-SC. 268/2001; (2002) 18 NWLR (Pt. 798) 162. | | * Disputes arising from agreements: Disputes commonly crop up between suppliers and distributors in the downstream market when parties are in disagreement over the quantity and the price at which products are to be supplied. A notable example in the international scene include the dispute between Russia and Ukraine on the issue of gas supply between these 2 countries. A local example is the case of Nigerian National Petroleum Corporation V. Klifco Nigeria Limited (2011) LPELR-SC. 33/2003; (2011)10 NWLR (Pt. 1255) 209, which involved a gas supply contract between the NNPC and an indigenous Nigerian company. * Disputes arising from Constitutional/Statutory interpretation:| Disputes also arise following Governmentsââ¬â¢ attempt to implement laws, regulations and policies in the sector. A. G Federation V. A. G Abia (No 2) 2002 6 NWLR (Pt. 764) 542; Attorney-General Rivers State V. Attorney-General, Akwa Ibom State amp; Anor (supra); NNPC v. Famfa (supra). * Disputes arising from damages cause by oil exploration activities/compensation issues: Incidences of oil spillage and pollution are common with oil exploration activities all over the world. These forms of dispute arise majorly between local host communities/states and or individuals and National/Multinational oil and gas companies where exploration activities take place or where oil and gas pipelines run through. Various local examples include the cases of The Shell Petroleum Development Company Of Nigeria Limited V. Abel Isaiah amp; Ors (2001) LPELR-SC. 75/1997; (2001) 9 NWLR (Pt. 723) 173; SPDC v. Maxon (2001) 9 NWLR (Pt. 719) 541. 2. PARTIES As can be seen from the cases earlier cited, usually these disputes are between:- a. States- A. G Federation v. A. G Abia (No 2) (supra)Attorney-General Rivers State v. Attorney-General, Akwa Ibom State amp; Anor (supra). b. Government and Investors- NNPC v. Famfa (supra), IPCO v. NNPC (FHC/L/CS/1060/2004) c. Host communities and Investors- Nigerian AGIP Oil Ltd v. Kemmer (2001) 8 NWLR (Pt. 716) 511. d. Employer and Employees- Idoniboye Obu v. NNPC (2003) 2 NWLR (Pt. 05) 589; Chukwumah v. Shell (1993) 4 NWLR (Pt. 289) 513. 3. TYPES OF DISPUTE SETTLEMENT MECHANISMS There are a few well known classifications or types of settlements mechanisms employed in the settlement of oil and gas disputes. However, these classifications are more of descriptive references as opposed to defining what form of settlement of dispute is possible or available, parties can create their own dispute resolution mechanisms based on their knowledge and creativity-in fact in America today, they now talk of ââ¬Å"expert determinationâ⬠. Having stated the above, Litigation and Arbitration are probably the most well known or the traditional settlement mechanisms employed in settlement of oil and gas disputes however others include ADR mechanisms like Negotiation, Conciliation, Mediation and Mini-trial. However the type of dispute settlement mechanism adopted in each case would depend largely on the nature of the dispute or even the parties involved. A. Litigation Litigation can perhaps be called one of the two (2) traditional and, should I say, major methods of dispute resolution in the oil and gas industry. Parties often resort to litigation where the contract does not provide for a specific mode of dispute resolution. In other instances, litigation represents the most realistic and feasible option available to the disputants. However it can be expensive, time consuming, technical, unduly cumbersome. Be that as it may, litigation in Court is sometimes the only realistic option open to parties. For example: a. Jurisdiction disputes b. Injunctive claims c. Where there is no defence to the claim i. e summary judgment. d. Where the arbitral process is being challenged: IPCO v. NNPC (supra) B. Arbitration This is the other traditional and major method of dispute resolution. Infact when disputes arise in respect of contracts with foreign investors/parties; there is now an increasing tendency to refer such disputes to resolution through International Commercial Arbitration and particularly to International Arbitration centres all over the world. Arbitration is a binding dispute resolution technique involving both the parties and their lawyers playing an active role. Usually, the arbitration technique is selected at the time the contract or relationship is created and is accomplished prior to the dispute, by an arbitration clause included in the contract, or by a separate agreement between the parties also prior to the existence of a dispute. The parties typically play a major role in selecting their arbitrator who acts as the neutral decision-maker. This process allows parties to select persons who possess the requisite knowledge and experience on the subject matter of the dispute. Since arbitration is party-driven, the parties also have the flexibility to define the procedures that will be followed, such as discovery of documents, submissions and the presentation of evidence, e. t. c. Arbitration, when compared to litigation, is usually generally faster, less expensive, confidential, and enables the decision-maker to focus on the details of the dispute while taking into account the customs and practices of the industry. Arbitration remains more attractive choice in oil and gas contracts especially in agreements involving foreign companies as parties are usually wary of submitting to the jurisdiction of the other party. C. Negotiation Lawyers routinely negotiate some or all aspects of their clients disputes. When a dispute arises the lawyer often becomes the key actor in the negotiation process with their client at the periphery. The tendency is often to turn it over to the lawyers once it is apparent the matter cannot be resolved through ordinary business channels. The lawyers then attempt to hammer out a settlement within the general confines of their clients authority. D. Mediation and Conciliation Mediation and conciliation are quite similar and are frequently used interchangeably. Mediation is perhaps the most popular form of non-decisional dispute resolution. The disputing parties are the active participants in mediation. Depending upon the selected process, the parties lawyers may, or may not, be present during the mediation. The process employs a neutral party, the mediator, who may be an attorney or some other specially trained or experienced person. Unlike arbitration, the mediator has no decision-making role and cannot impose a solution on the parties. Instead, the mediator serves as a facilitator for the parties, enabling them to conduct open communication regarding their interests, concerns, and options for resolving their dispute. The parties work out their own settlement agreement which they can make binding or non-binding. Party satisfaction in the mediation process can be quite high. The process allows the parties to vent their anger, feelings, hostilities, and fears in a controlled process. The parties are permitted to work through all aspects of their dispute which typically means any resulting settlement agreement will enjoy a high level of compliance. Parties typically find the mediation process more manageable because they can control the time and money that is spent pursuing mediation. The primary costs are the mediators hourly fee and the time required of the parties to prepare for and participate in the mediation. The process is private, and the parties can agree to whatever level of confidentiality they desire. The net effect tends to strengthen relationships that would otherwise be irretrievably damaged by the litigation process. It must be noted though that the Arbitration and Conciliation Act is silent on Mediation. E. Minitrial The minitrial is often used in disputes between corporations. It involves the presentation (a ââ¬Å"hearingâ⬠) of an abbreviated version of each partys case to a panel consisting of a senior executive officer for each disputant and a neutral advisor. It is a private process before the neutral third party which requires the active participation of the senior executives. The goal is to provide the executives with an opportunity to hear the best case each side has to offer while providing the information, and the environment, to try and negotiate a resolution of the dispute. This ADR process which is non-binding (unless agreed otherwise) assists the parties to a dispute to assess and gain a better understanding of the issues in dispute between themselves. Usually it involves a short presentation by the in-house lawyer of each party. The ââ¬Å"disputantsâ⬠literally become the ââ¬Å"juryâ⬠. The executives for each party must be present throughout the proceedings so that they can personally hear each partyââ¬â¢s case. During the proceedings, the Lawyers representing each party may present documentary exhibits and affidavits however sworn testimony is not taken. The rules of evidence are relaxed. After all sides have given their summary presentation, the executives meet to engage in negotiations to try and settle the dispute. If they are unable to resolve the dispute, they may receive a written non-binding opinion from the third party neutral advisor regarding the neutrals assessment of the case and likely outcome at trial. With this additional information, the executives may choose to meet again in an attempt to negotiate a settlement. Sometimes if at this stage the executives are unable to resolve the dispute they may then agree to allow the third party neutral advisor to issue a binding decision. Regardless of the precise process followed, settlement of disputes by mini-trial is often effectively accomplished because the parties with decision-making authorities are actively involved in the process. This process has enjoyed some considerable success in the United States. 4. ENABLING INSTRUMENTS, LAWS AND RULES There is no doubt that the laws and regulations in the oil and gas sector are quite expansive dealing with the various segments and divisions in the sector. However this paper would mention a few as examples which have more repeatedly come into view in oil and gas disputes. * CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 (AS AMENDED) Section 44 (3) of the 1999 Constitution (as amended) provides as follows:- Notwithstanding the foregoing provisions of this sections, the entire property in and control of all minerals, mineral oils and natural gas in, under or upon any land in Nigeria or in, under or upon the territorial waters and the Exclusive Economic Zone of Nigeria shall vest in the Government of the Federation and shall be managed in such manner as may be prescribed the National Assembly. In A. G Federation V. A. G Abia (No 2) 2002 6 NWLR (Pt. 764) 542 (the celebrated ââ¬Å"resource controlâ⬠case) the Supreme Court confirmed the Federal Governmentââ¬â¢s ownership of oil and gas in Nigeria when it held as follows: The Federal Government alone and not the littoral States can lawfully exercise legislature, executive and judicial powers over the maritime belt or territorial waters, and sovereign rights over the Exclusive Economic Zone subject to universally recognised rights. The import of the above decision is that no State Government, person or group of persons can exercise any sovereign right, claim, ownership or control over oil and gas resources within, upon, or lying under all land including the seabed, subsoil and territorial waters of Nigeria, its continental shelf or Exclusive Economic Zone. Meanwhile Section 251(1),(n) of the Constitution confers exclusive jurisdiction to the Federal High Court to the exclusion of every other Court in civil causes and matters relating to mines and minerals including oil fields, oil mining, geological surveys and natural gas. Specifically the section provides as follows: (n) mines and minerals (including oil fields, oil mining, geological surveys and natural gas) See the cases of oil spillage: Shell Petroleum Development Company Ltd v. Isaiah (2001) 11 NWLR (Pt. 723) 173; SPDC V. Maxon (supra). * PETROLEUM ACT, CAP P10 LFN 2004 Section 1 of the Petroleum Act also vests the entire ownership of all petroleum in, under or upon any lands in the Federal Government of Nigeria. Specifically, the section provides as follows: (1) The entire ownership and control of all petroleum in under or upon any lands to which this section applies shall be vested in the State. (2) This section applies to all land (including land covered by water) which- (a) Is in Nigeria; or (b) Is under the territorial waters of Nigeria; or (c) forms part of the continental shelfs; or (d) forms part of the Exclusive Economic Zone of Nigeria. Section 11 of the Petroleum Act, provides for the applicable law relating to arbitration where parties to such arbitration have either or not agreed on an appropriate State where the dispute or question shall be settled. The Section specifically provides:- (1) Where by any provision of this Act or any regulations made thereunder a question or dispute shall be settled in accordance with the law relating to arbitration in the appropriate State and the provision shall be treated as a submission to arbitration for the purposes of that law. 2) In this section ââ¬Å"the appropriate Stateâ⬠means the State agreed by all parties to a question or dispute to be appropriate in the circumstances or, if there is no such agreement, the Federal Capital Territory, Abuja. * NIGERIAN NATIONAL PETROLEUM ACT CAP N123 LFN 2004 Section 12 of the NNPC Act provides limitation of time within which to commence an action against the Corporation and further makes it mandatory for any intending litigant to serve a notice of intention to take legal proceedings against the Corporation before such proceedings can be instituted in the Courts. The Section provides as follows:- 2. (1)à à à Notwithstanding anything in any other enactment, no suit against the Corporation, a member of the Board or any employee of the Corporation for any act done in pursuance or execution of any enactment or law, or of any public duties or authority, or in respect of any alleged neglect or default in the execution of such enactment or law, duties or authority, shall lie or be instituted in any court unless it is commenced within twelve months next after the act, neglect or default complained of or, in the case of a continuance of damage or injury, within twelve months next after the ceasing thereof. 2)à à à à à à à No suit shall be commenced against the Corporation before the expiration of a period of one month after written notice of intention to commence the suit shall have been served u pon the Corporation by the intending plaintiff or his agent; and the notice shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief which he claims. The Courts have recognized the limitation and mandatory condition precedent imposed by this section and have given effect to the provisions of this Act in several cases. The Supreme Court in the case of Eboigbe V. NNPC (1994) 5 NWLR (Pt. 347) 649 at 659 -660 held that the provisions impose a limitation of time upon existing right of action, and therefore are statutory provisions having the same effect as a statute of limitation. In the case of PETER V. NNPC (2010) 8 NWLR (PT. 195) @ P 192 PARAS G-H the sole issue before the Court of Appeal was whether the appellantââ¬â¢s suit which was commenced without serving a notice of intention to commence legal proceeding was competent. The Court held that Exhibit P1 (the letter in issue) substantially complied with the requirement of a pre-action notice as provided under S. 12 (2) of the NNPC Act: Section 14 of the NNPC Act further provides that no property of the Corporation can be attached in satisfaction or execution of any judgment. 4. In any action or suit against the Corporation no execution or attachment or process in the nature thereof shall be issued against the Corporation but any sums of money which may, by the judgment of the court, be awarded against the Corporation shall, subject to any directions given by the court where notice of appeal has been given by the Corporation, be paid from the general reserve fund of the Corporation. * FEDERAL HIGH COURT ACT CAP F12 LFN 2004 Section 7 (1) (q) of the Federal High Court Act also confers original jurisdiction, to the exclusion of any other Courts, on the Federal High Court to try causes and matters connected or pertaining to:- (q) mines and minerals, including oil fields oil mining, geological surveys and natural gas See Maxonââ¬â¢s case (supra); Isaiahââ¬â¢s case (supra) * ALLOCATION OF REVENUE (ABOLITION OF DICHOTOMY IN THE PRINCIPLE OF DERIVATION) ACT CAP A27 LFN 2004. The Act ameliorated the effects of the ââ¬ËResource Control Caseââ¬â¢ of A. G Federation v. A. G Abia (supra). It dealt with the ââ¬Å"Principle of Derivationââ¬â¢ in the sharing of oil revenues. It abrogated the dichotomy between oil and gas resources derived onshore and those derived offshore. * DEEP OFFSHORE AND INLAND BASIN PRODUCTION SHARING CONTRACTS ACT CAP D3 LFN 2004 The Act deals with Production Sharing contracts in the deep offshore, their terms and duration-aggregate of 10 years. See Sapetrolââ¬â¢s Case (supra). * TERRITORIAL WATERS ACT CAP T5 LFN 2004 S 3(1) of the Act places a restriction on trial of persons other than Nigerian citizens for offences committed on the open sea within the territorial waters of Nigeria unless the Honourable Attorney General of the Federation issues a certificate signifying his consent, prior to the trial. See the case of A. G Federation v. A. G Abia (No. 2) (supra) at 585 particularly on definitions. * OIL PIPELINE ACT CAP O7 LFN 2004 Section 19 of the Act covers issues of compensation where a local community is involved; it confers jurisdiction such matters on State High Courts or Magistrate Courts. See Nigerian Agip Oil Company Ltd v. Kemmer (2001)8 NWLR (Pt. 716) 511. * NIGERIAN OIL AND GAS INDUSTRY CONTENT DEVELOPMENT ACT 2010. The bill was signed into an Act on the 22nd day of April 2010; its major aim is the Nigerianisation of the oil and gas industry. The Act is to facilitate the following objectives:- -Create jobs; -Transfer of technology; -Giving Nigerian contractors a ââ¬Ëlet inââ¬â¢ when oil and gas contracts are to be issued; -Indeed for certain types of work only Nigerians are to be considered; and -It creates new criminal offences with penal sanctions. Arbitration ââ¬â Relevant Enabling Laws/Rules . Arbitration and Conciliation Act Cap A18 Laws of the Federation of Nigeria 2004: This is the main Arbitration statute in the country. It provides for both domestic arbitration and international arbitration, not forgetting conciliation as well. The Convention for the Recognition and Enforcement of Foreign Awards 1958, a. k. a. ââ¬Å"The New York Convention 1958â⬠was adopted and incorporated as the 2nd Schedule to the Act while the Arbitration Rules in the 1st Schedule to the Act is a reproduction of the UNCITRAL Arbitration Rules. Part I of the Act deals with domestic Arbitration, Part II covers conciliation (it is noteworthy that the Act is silent on ââ¬Ëmediationââ¬â¢), while Part III deals with the provisions relating to International Commercial Arbitration and Conciliation (again silent on ââ¬Ëmediationââ¬â¢). b. UNCITRAL Arbitral Rules: As with the New York Convention 1958, the UNICTRAL Arbitration Rules are also set out in the Arbitration Rules in the Arbitration and Conciliation Act ââ¬â 1st Schedule. They are Rules which were put in place by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by the UN General Assembly in 1976. Its aim was to put in place simple rules governing international commercial arbitration acceptable to countries having different legal, social and economic systems. As earlier stated, our Arbitration and Conciliation Act is largely based on the UNCITRAL Model Law and UNCITRAL Arbitration Rules. c. ICC Arbitration Rules: The ICC Arbitration Rules are commonly provided for in international contracts. They emanate from International Chambers of Commerce (ICC) in Paris, France. d. Convention for the Recognition and Enforcement of Foreign Arbitral Awards 1958: This is usually called ââ¬Å"the New York Convention 1958â⬠. Nigeria ratified the convention on 17th March 1970 and it has in fact been made expressly applicable in Nigeria under Section 54 of the Arbitration and Conciliation Act. As earlier stated, it has been set out in the 2nd Schedule of the Act. e. Hague Convention on the Peaceful Settlement of Disputes 1899: The Hague Convention created the Permanent Court of Arbitration (PCA) at the Hague primarily for the settlement of inter-state disputes by way of arbitration. As expected each contracting state is entitled to nominate jurists (4) who are versed in international law. The PCA has its Rules of Arbitration and Conciliation and the UNCITRAL Rules serves as a basis for the PCAââ¬â¢s Optional Rules for Arbitration in disputes between two states. f. Convention on the Settlement of Investment Disputes (ICSID) 1965 Rules: This is one of the World Bank Institutions dealing with the disputes arising from investments. Nigeria is one of the states which ratified this convention. It however has a limited scope of jurisdiction both as to eligible parties and subject matter as one of the parties to the dispute must be a contracting state and the dispute must have arisen out of an investment. It is also a requirement that the parties must have agreed in writing to submit the dispute to the ISCID. It is interesting to note that the Nigerian Investment Promotion Council Act provides for the application of ICSID Rules in the arbitration of investment disputes. g. The London Court of International Arbitration (LCIA) Rules: The LCIA as apparent from the name is based in London, United Kingdom. It functions similarly to other arbitration institutions with its own. There are still many other Arbitration institutions with their own rules but this paper will allow only mention of the above few. 4. Litigation ââ¬â Issues to Consider: Generally litigation as earlier stated is most often resorted to by parties whenever a dispute arises and this is particularly so even in the oil and gas sector. Reasons generally given for resorting to the litigation process include: * Multiplicity of disputes (multiplicity of disputes) arising from a transaction; * Issue for resolution is purely a legal issue; * Where a party is seeking for the immediate enforcement of a right; * Where the need to compel a party might arise; * When assessment of evidence is crucial. Consequently in dealing with the settlement of disputes, certain issues ought to be taken into consideration. Largely what operates in other sectors also applies to the Oil and Gas Sector. a) Questions to ask: 1. Issues of Law or Fact: Does the precise issue involve an issue of law or fact? If the facts are not in dispute, can the issue be resolved by an application of legal principles? For dispute resolution purposes, if one or more of the issues are solely one of law, some sort of summary procedure, should be available to resolve purely legal issues. If there are issues of fact that needs to be resolved, the second analytical test should be applied. 2. Technical or Non-Technical Issues of Fact: If the dispute concerns non-technical issues of fact there may be no need for expert testimony concerning whether, for example, the lessee told the lessor that significant drainage of the leased property was occurring. Such veracity issues may be best resolved by having each party testify about what they said or were told by the other party. However, if the issue is whether, in fact, significant drainage is occurring, or whether a prudent operator would take action to drill a well to protect against drainage, these issues present technical issues of fact. Typically these issues are resolved with the benefit of expert testimony. These are also situations where veracity of the expert is typically not the issue; instead the focus will be on the method by which the expert arrived at their conclusion. These situations may be better suited for a written report instead of oral testimony. 3. Low-Cost or High-Cost Issues: The financial impact of the dispute will often be the determinative factor that defines the appropriate dispute resolution technique. It is difficult to justify $100,000 worth of process to resolve a $10,000 dispute. Therefore, an effort must be made to value disputes so they can be dealt with in a procedurally efficient manner. b. Mode of Commencement of Actions: (i) Writ of Summons; (ii) Originating Summons; (iii) Originating Motions; and (iv) Petition. Obviously the most frequently used modes of commencing action would be by way of Writ of Summons and Originating Summons; Originating Motions are more often than not used in actions for prerogative orders such as certiorari, mandamus, prohibition and habeas corpus or where a statute provides for a right but does not specify the means by which the application may be brought. All these are provided for under the Rules of Court or enabling statutes. For example see: * Order 3 (1) of the Federal High Court (Civil Procedure) Rules 2009. * Order 1 (1) of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2004 The tendency usually is for lawyers to raise objections particularly if, for example, a contentious action is brought by way of Originating Summons but as we all know from practice; the attitude of the court is usually to simply order pleadings when such arises. Consequently the failure to commence the action in the manner specified under the Rules or by statute would not necessarily be fatal as the trend of the courts now is to have matters determined on their merits and not on technicalities. In a not too dissimilar situation, the Supreme Court in Famfa V. Attorney General of the Federation (2003) 18 NWLR (Pt. 852) 453 encouraged non-adherence to technicalities. c. Issues that can arise (Jurisdictional Issues): There is the general misconception that the Government, that is to say, the Government lawyer is always defending an action. But that is not usually so. In fact there are numerous times when Government is, indeed, the plaintiff seeking the enforcement of certain rights, duties or obligations. Now jurisdiction is the cornerstone of all litigation and denotes the courtââ¬â¢s power or authority to determine a matter/suit. On the issue of when the court can assume jurisdiction, the Supreme Court in Attorney General (Kwara) V. Olawale (1993) 1 NWLR (pt. 272) 645 at 674 held that it is where: (a) the person bringing the action is properly before the court; and (b) the subject matter of the action is properly before the court. And these are only properly before the court when by statute or inherent jurisdiction, the court can exercise jurisdiction over the parties. See also: Egbue V. Araka (1988) 3 NWLR (pt. 84) 598 at 609, para D. Similarly in the locus classicus case of Madukolu V. Nkemdili (1962) 2 SCNLR 341 and which was followed in Ibeanu V. Ogbeide (1994) 7 NWLR (pt. 359) 701 at 708, it was held that: the jurisdiction of court is the definitive prerequisite before the court can be seized of any cause or matter, i. e. the authority which the court has to decide the matters that are being litigated before it. It encompasses the constitutional, statutory and conventional basis for exercise of a courtââ¬â¢s jurisdiction within a prescribed geographical area of territory. There are numerous jurisdictional issues that could arise and which Counsel ought to look out for and some are the following: (i) Issue of Locus Standi of the Plaintiff/Claimant: This has been defined as the right of be heard before a court of law; the legal capacity to institute an action; if a person has no legal capacity to do so, the court would have no jurisdiction to entertain his claims. See: Thomas V. Olufosoye (1986) 1 NWLR (Pt. 18) 669, Madukolu V. Nkemdilim (supra). It must be noted as a matter of law that the Honourable Attorney General of the Federation has the locus standi to commence and defend actions for and on behalf of the Government. (ii) Issue of Reasonable Cause of Action: This is the factual situation which if substantiated would entitle the plaintiff to a remedy against the defendant. It must be apparent from the pleadings, the wrongful act of the defendant which would give him the right to sue. See:Savage V. Uwechia (1972) 3 SC 214 at 224; Afolayan V. Ogunrinde (1990) 1 NSCC Vol. 21 (pt 1) 219 at 227. (iii) Territorial Jurisdiction/Venue: Territorial jurisdiction of a trial court is very relevant for the validity of any proceedings before the court. See: Madukolu V. Nkemdilim (supra). Where the issue of venue is an intra state issue, the Chief Judge can transfer the matter to the proper venue within the state. See the Rules of Court. But where it is outside the state, any decision reached would be a nullity as parties cannot even by agreement confer jurisdiction on a court. It should also be remembered that while matters outside the jurisdiction of the Federal High Court can be transferred to the State High Courts the reverse is not the case. See: Okoye v. Nigerian Construction and Furniture Co. Ltd (1991) 7 SCNJ Pt. 2 p. 365. In CGG (Nig. ) Ltd. V. Asaagbara (2001) 1 NWLR (pt. 693) 155 at 164, it was held that in matters ââ¬Å"connected with or pertaining toâ⬠mines, geological surveys and natural gas, it was for the Federal High Court that had jurisdiction. This is in any case clearly stated in Section 251(1)(n) of the Constitution of the Federal Republic of Nigeria 1999. See also: Isaiahââ¬â¢s case (supra), Maxonââ¬â¢s case (supra) (iv) Immunities: The Public Officers (Protection) Act, CAP P41 LFN 2004 (POPA) ââ¬â In Zebra Oil V. FGN (supra) it was held that POPA does not apply to cases of contract. (v) Limitation of Statutes: In Elabanjo V. Dawodu (2006) 2 All NWLR 116 at 123, it was held that where an action is statute barred, it is not an ordinary point of law under the rules of court. It is fundamental and goes to the jurisdiction of the court and therefore can be raised at any time even without filing a defence. Section 61 of the Limitation Act CAP 522, LFN 1990 would apply to Oil and Gas contracts. Section 12(1) of the Nigerian National Petroleum Corporation (NNPC) Act Cap N123 LFN 2004 provides thus: Notwithstanding anything in any other enactment, no suit against the Corporation, a member of the Board or any employees of the Corporation for any act done in pursuance or execution of any enactment or law , or of any public duties or authority, or in respect of any alleged neglect or default in the execution of such enactment or law, duties or authority, shall lie or e instituted in any court unless it is commenced within twelve months next after the act, neglect or default complained of or, in the case of a continuance or damage or injury, within twelve months next after the ceasing thereof. (vi) Pre-Action Notices: NNPC Act Section 12(2) requires an aggrieved party to issue to the NNPC a notice of intention to commence a suit setting out his/her grievances, i. e. cause of action etc and th is must be done at least one month before the institution of any action. * Failure to issue this statutory and mandatory notice renders the action/suit incompetent and liable to be struck out. See NNPC V. Tijani (2006) 17 NWLR (Pt. 1007) 29. * Non-compliance is an irregularity which can be waived. * In addition failure to plead it can amount to a waiver. 5. Arbitration: (i)Time Bar Clauses: These can usually be found in the arbitration agreement. Sometimes the arbitration agreement would provide for steps to be taken within a specified time if a party intends to go to arbitration. Once the time lapses, it effectively bars the party from taking such step. (ii)Validity of Agreement to Arbitrate: The agreement to arbitrate must be properly drafted. The words by which the reference is made must be clear and precise ââ¬â e. g. ââ¬Å"All disputes, difference or claims arising out of or in connection with or in relation to the contract shall be referred to a single arbitrator. â⬠(iii)Scope of Agreement: Does the scope of the agreement cover the dispute? Parties must always ensure that any dispute submitted to arbitration is within the scope of the agreement to arbitrate and this is closely linked with (ii) above. (iv) Conditions Precedent: Any Scott v. Avery clauses? It typically provides that no action may be taken until arbitration has been concluded and an award made. See Obembe V. Wemabod Estates Ltd (1977) 5 SC 129. (v)Remedies: Various remedies are available in arbitral proceedings such as: 1. An award for payment of money 2. Order of specific performance 3. Order of interim or perpetual injunction (only knotty issue is with the problem of enforcement when a party may require the intervention of court) 4. Declaratory order 5. An award of interest 6. Costs. Noteworthy that the Act does not expressly provide for these reliefs but resort is had to common law. (vi)Subject matter of Arbitration: An arbitrator must not exceed the scope of his mandate/authority. If he does, he can be challenged. Where the arbitral tribunal has no jurisdiction, it may be raised no later than the time the points of defence are being submitted. See S. 12(3) of Arbitration and Conciliation Act. (vii) Applicable Laws: It is imperative for the arbitration clause/agreement to specify the law which would govern the contract, i. e. the law which would apply to the substantive issue. A conflict of law issue may arise in an international arbitration where parties fail to choose the law which would govern their contract. With respect to procedural law, the general rule is that unless parties agree otherwise, the arbitral procedure would be governed by the law of the place of arbitration. See: S. 52(2) (viii) of Arbitration and Conciliation Act with respect to international arbitrators and its effect on the recognition and enforcement of an Award. (viii) Statute Bar: It is noteworthy that S. 61 of the Limitation Law CAP 522, LFN 1990 provides that the Act and any other limitation enactment shall apply to arbitration as they apply to actions in Court. See also S. 2(1) NNPC Act. (ix) Pre and Post award issues: New Developments: (1) Pre-Award :- Recent developments in New York law now enable parties to arbitration proceedings sited outside the US to seek the assistance of New York in aid of these proceedings. For example S 7502 (2) New York Civil Practice Law and Rules (CPLR) (amended in 2005 to cover International Arbitration)- a) allows New York courts to issue provisional remedies such as preliminary injunctions or orders of attachment in aid of an arbitration in another country, i. e jurisdiction over properties. See: Erber v. Catalyst Trading LLC 754 NYS 2d 885 (1st Dept 2003); American Home Assurance v Starr Technical Risks 11 MISC 3d 1051 (A) 2006. b) addresses obtaining assistance at conclusion of arbitration process in form of location and attachment of assets to satisfy an award. It permits a New York court with jurisdiction over a person/entity holding a losing partyââ¬â¢s perhaps assets (e. g. a bank) to order that person/entity to transfer such assets to New York for purposes of satisfying the arbitration debt i. e jurisdiction over persons. Thus whether or not it is subject to the New York Convention, you can seek assistance from a New York court for example:- 1. To preserve the status quo 2. To attach assets to prevent dissipation before award. (2) Post award enforcement:- Once an award has been recognised by a New York court through the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) or otherwise, the prevailing party can use all the post-judgment remedies available to execute the judgment similar to those resulting from a court judgment. For example: * Restricting debtors from transferring assets; * Obtaining lien against Debtors assets and executing against the assets. See: Article 52 of the CPLR (Section 5225 (b)) Koehler v. Bank of Bermuda Ltd 12 NY 3d 533 (2009). 5. CONFLICT OF LAW ISSUES. (Also known as private international law) This usually applies where a dispute has some ââ¬Å"foreignâ⬠element e. g where the contract is between parties located in different countries. It is a set of rules which determines the legal system and the jurisdiction which applies in the determination of a ispute. * There are three (3) branches of conflict of law, namely:- (a) Jurisdiction- whether the Court has the authority/power to resolve a matter/dispute. (b) Choice of law- which law will be applied to resolve the dispute. (c) Foreign judgments- recognizing and enforcing a judgment from an external forum within the jurisdiction of the adjudicating forum. It basically deals with the disparity between the laws. * Thus, Iss ues that usually arise in a conflict of law situation are:- 1. The Court must decide whether it has jurisdiction or not and if it is the appropriate venue. 2. Characterisation of the cause of action into its component legal categories. 3. Each legal category has one or more choice of law rules to determine the competing law to be applied in each case. 4. Then the law must be proved and applied to reach judgment in the forum Court. 5. Enforcement of judgment by the successful party and this involves cross-border recognition of the judgment. Choice Of Law Rules * Courts faced with the issue adopt the following process namely; a) The Court will apply the law of the forum to all procedural matters; and (b) It considers the factors that connect/link the legal issues to the laws of potentially relevant statutes and applies the law that has the greatest connection. Example: * The law of nationality will define legal status and capacity; * The law of the state in which the lands situated will be applied to determine all questions of title; and * The law of the place where the transaction physically takes place or the occurrence that gave rise to litigation will often be the controlling law selected. It is instructive to note that many contracts/agreements now include a jurisdiction clause specifying the partyââ¬â¢s choice of venue in case litigation arises. These contracts also contain choice of law which the Court or arbitral tribunal should apply in each case. Usually when a court is to apply foreign law, it is proved by foreign law experts, as the Courts have no expertise in the law of foreign Countries. It is like evidence. In the search for harmonization and recognizing the general need for an international law of contracts, many nations have ratified the Vienna Convention on the International Sale of Goods 1980. It should however be noted that the Convention only applies to commercial goods and products, it does not apply to services. Generally, Nigerian courts give effect to provisions of any choice of jurisdiction clause included in a contract between the parties and will ordinarily uphold them on the basis that parties are to be held to the bargain which they have entered. But this rule is not inflexible as Nigerian courts have discretion to decline to give effect to a choice of jurisdiction clause. If for instance a claimants claim is statute barred under the law of the foreign jurisdictions court, the Nigerian court can refuse to enforce a foreign jurisdiction clause and allow the Claimant to bring an action in a Nigerian court. In should be noted also that, where a party to a contract containing an arbitration clause has filed an action in court, the court assumes jurisdiction over the matter despite the arbitration clause, if the opposing party takes any step in the matter without raising the jurisdictional point. However the Arbitration and Conciliation Act only applies to commercial matters, and a long line of court decisions have held that where there is no dispute e. g. an uncontested or admitted claim for a liquidated amount, a court can assume jurisdiction, even where an arbitration clause is contained in the agreement of the parties. (7) Petroleum Industry Bill The Petroleum Industry Bill proposes unparallel reforms in the oil and gas sector. It is supposed to be the single legal instrument binding all upstream and downstream sector activity. It establishes: * The National Petroleum Commission: Section 4 * The Nigerian Petroleum Inspectorate: Section 27 * The National Petroleum Products Regulatory Authority: Section 62 * The National Petroleum Assets Management Agency: Section 94 * The National Oil Company (Nigerian National Petroleum Company Ltd): Section 172 * The Petroleum Technology Development Fund: Section 145 * The Petroleum Producing Host Communities Fund: Section 168 (NB: The names of these institutions have suffered changes in various drafts of the Bill) Consequently, at least 15 existing legislations are proposed to be repealed when the Bill is enacted into law. The Bill deals with the legal status, leadership, and staffing requirements, reporting relationships, powers and functions of each of these institutions. The Minister has wide powers including to grant petroleum prospecting and petroleum mining licences to winning bidders in an open and competitive bid round and to NNPC (the National Oil Company) where it has conducted a similar open and transparent bid process for selecting contractors. This implies that they will both serve as concessionaires. It must be noted that the proposed Bill confers wide arbitration powers on the regulatory agencies including conferring them with roles as Arbitrators in disputes. Areas of concern include that the Bill requires existing licensee and lessees to re-apply for new petroleum mining lesses in respect of only areas which for example have significant gas discovery e. t. c. All other areas including gas discoveries of over 30 years must be relinquished within a year after the Bill is enacted. The committee recommendations also include the retention of provisions similar to the existing Section 12 of the NNPC Act with respect to the National Oil Company, etc. On the whole, it is still work in progress and a number of the proposed sections are being tinkered with as evidenced by the Senate Committeeââ¬â¢s Recommendations. Consequently it would be difficult to even venture into any deeper scrutinizing of the sections including those dealing with litigation and arbitral proceedings as the sections of the proposed Bill might possibly be amended or deleted as can be seen from the Committeeââ¬â¢s recommendations. 8) Conclusion In conclusion, there is no doubt that litigation in both the domestic and International courts, as well as local and international arbitration, will continue to be the most favoured option for the settlement of disputes in the oil and gas sector. This is even more so, where the proposed PIB is given the force of law. It may well be that ADR methods c onsidered would also steadily have an increasing role to play.
Monday, November 25, 2019
Information Systems The WritePass Journal
Information Systems Introduction Information Systems IntroductionOverview of the e-commerce modelsUnique features of the e-commerce technologiesUbiquityInformation densityOpen standardsGlobal ReachPersonalisationInformation density and richness in Amazonââ¬â¢s Simple Storage Service (S3)ConclusionBibliography:Related Introduction The growth of e-commerce in the world has led to a remarkable shift from the traditional to the modern and internet-based business operations. The internet and web applications are the major drives for this trend. It is reported that the volume of goods and services traded over the internet since 1995 has more than doubled. The efficiency and reliability that is associated with online marketing can be attributed to the massive implementation of cloud computing systems in the world of business. Since 1995, several companies have dominated the electronic marketplace, including the ââ¬Ëbig fourââ¬â¢ group that consists of Amazon, Google, eBay and Yahoo (Laudon Traver, 2004, p.3). Consumer sales are hugely expanding as a result of advancement in the e-commerce technologies. According to the 2005 Forrester Research, the consumer sales had grown by more than 23% from 2000, to approximately $172 billion (Laudon Traver, 2004, p.7). The growth of wireless internet networks, broadband systems and web applications can perhaps be termed as the powerhouses of the modern e-commerce. This paper explores the various unique characteristics of the e-commerce technologies, citing the use of reliable information storage in Amazon as a good example. Overview of the e-commerce models à à à à à à à à à à à The classification of e-commerce takes mainly two dimensions; the market relationship and the underlying technology. With respect to the market relationships, e-commerce exists in three models, namely Business-to-Consumer (B2C), Business-to-Business (B2B) and the Consumer-to-Consumer (C2C) (Laudon Traver, 2004, p.17). However, the B2C is the most common model of e-commerce, since it encompasses the business activities as performed by both the online retailers and the potential customers. In the year 2005, the B2C e-commerce was estimated to have a value of approximately $140 billion in the US. However, this volume has since grown to a whooping $170 billion (Laudon Traver, 2004, p.7). The B2C e-commerce comprises of several components, such as web portals, online marketers, content applications, service providers and also online brokers, among others. On the basis of technology, e-commerce is divided into two groups. These include peer-to -peer (P2P) and mobile e-commerce (Laudon Traver, 2004, p.18). The P2P entails the transfer of various multimedia contents through wired and wireless networks, while the mobile e-commerce is mainly conducted by using mobile devices and networks. Unique features of the e-commerce technologies The commercial success in e-commerce has been experienced due to advancement in the supportive technologies. It is predicted that these technologies will continue propagating; a trend that will definitely take e-commerce to higher levels (Barnes, 2007, p.118). The rapid growth in the e-commerce technologies can be attributed to the numerous business requirements that have emerged in the Fortune 500 enterprises (Laudon Traver, 2004, p.18). The e-commerce technologies are characterised by various unique features. However, most of these features are also associated with the internet, which is the main driving force of e-commerce. These unique features include ubiquitous computing, information richness, universality in technology standards and also reliable interactivity (Barnes, 2007, p.118). Personalization of the online products, global reach and information density are characteristics of e-commerce technologies as well (Barnes, 2007, p.118). These features are beneficial in the prom otion of e-commerce, since they support cost-effective business operations. The internet and the associated web-based applications are immensely important in connecting e-retailers to potential online shoppers. Ubiquity à à à à à à à à à à à Ubiquity is perhaps the most unique feature of e-commerce technologies. Ubiquity refers to the aspect of ready availability of e-commerce models, products and services. Therefore, e-commerce is available all the time and anywhere in the globe (Barnes, 2007, p.118). The internet connection provides a solid medium through which e-marketers can communicate to potential customers and vice versa. The property of ubiquity in e-commerce technologies is important since it eliminates the possible geographical barriers (myweb.ncku.edu, 2010). Business stakeholders can take part in trading from the comfort of their office desktops and mobile devices regardless of their geographical location, without encountering physical restrictions. Ubiquitous computing in e-commerce helps in reducing the transactions costs, since the e-retailers and online shoppers do not have to print catalogues, product specifications or any other trade documents. Such documents can be produced electronically in the cloud computing platform, and the issue of travelling is largely eliminated (myweb.ncku.edu, 2010). The reduction in these transaction costs is beneficial to both the marketers and the consumers. Therefore, the ubiquity of e-commerce technologies eliminates the physical barriers which characterise traditional markets. Ubiquity in e-commerce technologies also enables the expansion of product markets. This occurs in the sense that it leads to the reduction in the entry and exit barriers (Laudon Traver, 2004, p.12). The time barrier is also eliminated in ubiquitous computing, since the business transactions can be carried out at any time of the day. Internet connectivity and the presence of shopping websites are provided every time, a factor that facilitates an appropriate expansion of the marketplace. In addition to reducing transaction costs, ubiquity also entails reducing the cognitive energy that is required in executing e-commerce activities. According to Laudon and Traver (2004, p.12), the cognitive energy is the mental effort that is applied on a certain task. In the e-commerce technologies, the mental energy required to execute business transactions over the internet is lower than in traditional business practices (Laudon Traver, 2004, p.12). Thus, ubiquity of these technologies has helped in generating desirable efficiencies and differentiation models. Information density E-commerce technologies have solved the problem of information overload. These technologies are capable of handling voluminous amounts of data and information, which is an essential process in electronic transactions (Laudon Traver, 2004, p.13). Cloud-based systems can offer virtual storage techniques, which are unlimited in terms of scalability. The use of e-commerce technologies has enabled the improvement in information quality. The information density challenge is adequately addressed by these technologies, since they are characterised by superior storage and data handling mechanisms (Laudon Traver, 2004, p.13).à The aspect of information richness in e-commerce technologies helps virtually all the online business stakeholders, ranging from the e-retailers, online shoppers and also the cloud computing service providers. The integration of the various aspects of business information is heavily dependent on this feature of e-commerce technologies. The incorporation of various m ultimedia contents into marketable products is enabled by the efficiency in the e-commerce technologies (Laudon Traver, 2004, p.13). The large amount of data and information that can be handled by internet databases such as Amazonââ¬â¢s S3 helps in leveraging the aspects of online marketing. Information richness in e-commerce technologies also entails the reliability in collecting and processing of business data (Laudon Traver, 2004, p.14). The assessment of marketing trends in e-commerce relies on the superiority of the e-commerce technologies. Some e-commerce technologies such as Podcasting and internet broadband have led to improvement in accuracy and process precision in the execution of online transactions. In addition, many online products such as music and video streams are delivered in timely manner (Laudon Traver, 2004, p.14). This is because the customer only needs to subscribe to the relevant e-marketing websites, and then download the respective files. Similarly to ubiquity of e-commerce technologies, the aspect of information richness and density eradicates several forms of transaction costs, such as travelling, printing and communication. Hence, it can be presumed that information density is an immensely important feature of e-marketing technologies in th e global electronic marketplace (Laudon Traver, 2004, p.13). There are many online transactions that are carried out every day, and the need for unlimited virtual storage is a necessity in the modern e-commerce. Open standards Most of the e-commerce technologies use open standards in order to evade any territorial or regional restrictions that may be imposed by some countries. In the open standards, all the technologies that are involved in e-commerce are allowed to operate under a common platform. These standards include the TCP/IP protocol, XML and HTML (Kraemer, 2006, p.355). These universal standards in e-commerce technologies are supported by public networks, unlike the case of Electronic Data Interchange (EDI) systems which mainly depend on private networks. Open standards such as the XML support universal connection in terms of enabling adequate indexing of software products (Kraemer, 2006, p.355).à However, the EDI has changed over time, and it is reported that several corporate enterprises have implemented this standard in e-commerce. The Open Buying Internet (OBI) and Open Trading Protocol (OTP) have become reliable standards in the modern e-commerce (SBA.gov, n.d). The OBI standard enables al l e-commerce systems to communicate freely, without protocol disparities that may hinder the growth of e-commerce activities. On the other hand, the OTP standard has integrated online payment systems in e-commerce (SBA.gov, n.d). Some of the payment processes that are supported by this universal standard include purchase receipts, trade agreements and also the actual payments. Netscapeââ¬â¢s Secure Sockets Layer (SSL) is a universal protocol that was founded with an aim of promoting the aspects of online privacy (SBA.gov, n.d). This protocol ensures that e-commerce stakeholders can exchange information and data through secure platforms, by a way of using a public encryption key. The SSL protocol supports the transfer of data from any source point to various destinations in a secure manner. Therefore, the system does not impose any restrictions on the basis of regional presence. The SSL has been implemented in various universal standards, such as the Open Profiling Standard (OPS) (SBA.gov, n.d). The OPS is used by e-commerce organisations such as Microsoft and Firefly, in order to enhance security and privacy of merchants and consumersââ¬â¢ data over the internet. The field of electronic payments has received intense attention from various e-commerce players. Thus, there has been a burning need to develop superior open standards that will govern the i ntegration of electronic payment transactions. The Secure Electronic Transactions (SET) is one of these standards, which was recently founded by the worldââ¬â¢s leading credit payment organizations; Visa and MasterCard (SBA.gov, n.d). The SET standard is globally used in the banking sector, an aspect that has hugely improved efficiency in the payment transactions. Global Reach As opposed to traditional business platforms, modern e-commerce technologies allow for global reach. The online population has grown tremendously as a result of advancement in e-commerce technologies (Laudon Traver, 2004, p.13). In particular, the global communication technologies such as emailing, video conferencing, instant messaging and chat programs among others have succeeded in connecting a large number of people through the internet. It is reported that in 2005, the online population was approximately 1 billion people (Laudon Traver, 2004, p.13). However, this number has significantly increased in the recent past, to several billions. This has facilitated the expansion of the global e-marketplace, due to the implementation of reliable communication technologies. The technologies, through the properties of ubiquitous computing and global reach, have enabled cross-cultural e-commerce trade to take place in the world (myweb.ncku.edu, 2010). The unique feature of global reach ex plains the adequate presence of global outlets and sustainable global supply chains. This aspect has improved the sales volumes in e-commerce, with profitability margins equally benefitting. The various business operations can be performed from every place on earth by the use of these global communication technologies which are not restricted by national boundaries. The business significance of this property lies in the provision of seamless opportunities to both small and large business organisations (Laudon Traver, 2004, p.13). Many merchants and potential customers are connected by the use of this unique feature of e-commerce technologies. Apart from the wide geographic coverage that is offered by e-commerce technologies, the demographic aspects are addressed as well (Laudon Traver, 2004, p.13). The various web contents such as animations, videos, music files and other digital products can be viewed worldwide by people of different ages, financial stability, gender and also preferences. Thus, this global reach characteristic applies across many aspects of consumers and online merchants. Global reach has enabled the entry of more business enterprises into the platform of e-commerce in the world (myweb.ncku.edu, 2010). This is because it attracts a large number of customers and e-marketers alike. The e-commerce technologies have helped in the creation of a global corporate culture, which is an important requirement in developing the human resource models in any business enterprise. Therefore, it can be construed that e-commerce technologies have played a key role in improving global trading activities through the global reach feature. Personalisation E-commerce technologies can offer personalised services to consumers and online retailers. This unique feature of e-commerce is implemented through geo-marketing, a practice that involves the provision of slightly modified products to a specific region of individual on the basis of their preferences (Laudon Traver, 2004, p.16). Other e-commerce technologies such as video conferencing enable the delivery of customised products or services to the interested clients. In the USA, the Wall Street Journal allows the selection of news type by the customer through the use of e-commerce communication technologies (Laudon Traver, 2004, p.16). For instance, this American online journal allows the users to subscribe for personalised alerts on certain events. Thus, it can be concluded that e-commerce technologies are efficient in the way of promoting personalisation and customisation of digital products (Laudon Traver, 2004, p.16). The customisation of consumerââ¬â¢s products in e-commerce is done through constant assessment of the shopping behaviours, which include purchasing patterns. Information density and richness in Amazonââ¬â¢s Simple Storage Service (S3) Started in 2006, the Amazonââ¬â¢s S3 has become a global example of an appropriate e-commerce technology (Velte et al, 2009, p.142). The S3 was created to offer information and data storage solutions to e-commerce stakeholders. The aspect of information richness in online transactions prompted the development of this technological platform, through which people can store voluminous data. In addition, the S3 offers efficient techniques of data retrieval modification and processing (Velte et al, 2009, p.142). It has largely addressed the issue of information density to the online shoppers. The Amazon business corporation, one of the largest e-commerce players in the world, uses the S3 system to store all information concerning its online products, consumer data and marketing trends. The S3 offers scalable in the sense that it charges the customers on the basis of their request rates and data usage models. In addition, the S3 reportedly offers approximately 99.99% of information avai lability (Velte et al, 2009, p.142). This form of richness eliminates the inconveniences associated with downtime errors.à Thus, the feature of information density has worked out to the benefit of Amazon in great measures (Velte et al, 2009, p.142-143). Information density in the traditional business transactions is associated with low speeds of information processing, storage and also retrieval. However, the Amazonââ¬â¢s S3 system offers a high-performance mechanism of handling information and business data.à According to Velte et al (2009, p.143), the S3 system is highly efficient in terms of processing speeds. This is because it uses many supportive nodes which enable the reduction of server-side latency. Therefore, online information that is used in e-commerce activities can be made available without any unnecessary delays or failures (Velte et al, 2009, p.143). The several user applications which are used in the storage and retrieval of information in Amazonââ¬â¢s S3 system are equipped with strong interfaces that enable users to retrieve or update data files and information folders in efficient manner. The storage of information in this internet-based database is cost effective. This is because the company charges les s for companies which store voluminous corporate data. Online marketers do not have to prepare separate data files and product specifications sheets, since the system allows for electronic processing of these business documents (Velte et al, 2009, p.142). The S3 is an Infrastructure-as-a-Service model that also enables the users to build reliable infrastructure on which to store voluminous data (Murty, 2008, p.135). This system offers a virtualised mode of data storage, which is therefore appropriate in handling data operations. The Amazon Corporation has benefitted from the S3 in the sense that it enables the company to share large data files with other business organisations in the B2B model. This sharing of large files has led to reduction in data transmission costs, since large amounts of data can be transmitted cheaply through S3. The systemââ¬â¢s Universal Resource Identifier (URI) enables a secure transmission of information, through providing the relevant links to data recipients (Murty, 2008, p.135). Amazon also benefits from the back up services that are provided by this system. This aspect of information richness and density ensures that data loss and leakage are avoided. Conclusion E-commerce has rapidly developed in the recent past. This trend can be attributed to the desirable unique features that exist in the e-commerce technologies. The volume of sales that results from e-commerce every single year is estimated to be approximately $170 billion in value. Thus, there is a growing need for the development of better e-commerce technologies that will facilitate significant growth in this platform. There are mainly seven unique features of e-commerce technologies. These include ubiquity, global reach, personalisation, open standards, interactivity, information density and richness. Ubiquitous computing ensures that e-commerce systems can be provided anywhere and at any time. Global reach entails the coverage of all geographic and demographic aspects of e-commerce, and it is solely enabled by the internet, which is the main medium of global communication. Amazon has created one of the most reliable information richness systems; the S3. This system offers speedy st orage and retrieval techniques to the clients. In addition, this system provides a reliable backup for the companyââ¬â¢s data and information, thereby minimising the likelihood of data loss and leakage. Bibliography: Barnes, S. 2007. E-commerce and V-Business: Digital Enterprise in the Twenty-First à Century. Oxford: Butterworth-Heinemann. Kraemer, K. L. 2006. Global E-commerce: Impacts of National Environment and Policy. Cambridge: Cambridge University Press. Laudon, K. C. Traver, C. G. 2004. Introduction to E-commerce. The Revolution is Just Beginning. Retrieved June 3rd 2011 from: à à à à à à à à à à à pearsonhighered.com/samplechapter/0131735160.pdf Murty, J. 2008. Programming Amazon Web Services: S3, EC2, SQS, FPS and SimpleDB. à Sebastopol: Oââ¬â¢Reilly Media, Inc. Myweb.ncku.edu, 2010. E-Commerce: Digital Markets, Digital Goods. Retrieved June 3rdà 2011 from: http://myweb.ncku.edu.tw/~wtwang/course-MIS/week15.pdf SBA.gov, n.d. Are There Any Technology Standards For E-Commerce? Retrieved June 3rdà à 2011 from: sba.gov/content/are-there-any-technology-standards-e- commerce Velte, T. et al, 2009. Cloud Computing: A Practical Approach. New York: McGraw Hill à Professional.
Friday, November 22, 2019
Semi-conductor Devices and Circuits Essay Example | Topics and Well Written Essays - 5000 words
Semi-conductor Devices and Circuits - Essay Example The other terminal of the secondary transformer provides the negative. The load is cut across by the resistor. Figure 2 Voltage and current waveform of a half-wave rectifier Voltage relationship The half-wave rectifier states that the load voltage vL is Vdc and expressed in the following diagram. The load voltage is equal to 0 and the angular frequency of the source is w = 2? = T. This is expressed in the following diagram. From the diagram above, we can get the half-wave: Half-wave Vdc = Vm = 0.318Vm ? I.2 Full-wave rectification The full-wave rectification can be produced in two types: the center-tapped and the bridge rectification. I.2.1 The full-wave center-tapped The full-wave with center-tapped transformer has two diodes acting as half-wave rectifiers and whose negative ends are connected to the two terminals of the transformer secondary. The two diodes provide a full-wave output. The DC currents of the two half-wave rectifier diodes are equal and opposite. (Lee & Chow 2011, p. 150) Figure 3 Schematic diagram of full-wave rectification with center-tapped transformer secondary I.2.2 The bridge rectifier The bridge rectification uses four diodes to provide full-wave rectification, and this does not use a center-tapped transformer. The bridge rectification uses four diodes to provide full-wave rectification, and this does not use a center-tapped transformer. The rectification is done in such a way that the current flows D3 and D4, conduct when the negative half-cycle.... The positive and negative half-cycles of a full-wave rectifier are expressed in the following formula. The full-wave is: Vdc = 2Vm = 0.636Vm ? I.3 Zener regulator Most application of zener diode is as shunt voltage regulator; its specific role is to regulate the load voltage. There are various uses or applications for a zener diode, such as: 1. Voltage regulating element in voltage regulators 2. Protector in a circuit 3. Zener or voltage limiter Figure 5 The application of zener diode in a regulator circuit is shown in the figure below. In this circuit, zener diode is used as shunt regulator. The zener diode compensates for the variation in load current; the zener drifts with the temperature. The drift characteristics are given in many zener diode datasheets. Its load regulation is adequate for most supply specifications for integrated circuits. It has a higher loss than the series-pass type of linear regulator because its loss is set for the maximum load current. The zener shunt reg ulator uses a simple formula where input voltage is greater than output voltage; the output is controlled by the zener diode. The zener shunt regulator is typically used for very local voltage regulation for less than 200mW of a load. A series resistance is placed between a higher voltage and is used to limit the current to the load and zener diode. I.4 Switching and amplifier circuits for transistors An ordinary transistor has three terminals for the base, emitter and collector. When it is in the OFF position, the output comes from the collector of a common-emitter stage. A digital circuit usually operates in two modes. (The transistor amplifier n.d.) Transistors are used for switching and amplifiers in circuits. In digital logic, transistors have the ability to switch
Wednesday, November 20, 2019
PDA SIM Strategies Assignment Example | Topics and Well Written Essays - 750 words
PDA SIM Strategies - Assignment Example Also, there should be a target of assigning the necessary resources to the segments that are being profitable. This strategy might not be immediately very profitable, as there will probably be some more inherent costs, even though some profit is expected, which will help in the company's actual financial situation. It is essential to start thinking about producing and marketing new products with the same characteristics which the actual consumers need. The products that the customers want to be on the market should be concentrated on, rather than continuing to offer the same customized products. I have learned from this simulation that in order to create demand, there has to be adequate investment in hiring of sales offices, web centers, customer service, promotions and advertising. I feel that for better profitability, there must be good relations with suppliers and customers. According to Kreitner and Kinicki, "Effective change requires reinforcing new behaviors, attitudes and organizational practices" (Kreitner & Kinicki, 2004). Also, having the right products, in the exact moment seems to require quite some time, and I think this is another important issue to be considered. When an organisation has produced the right product or services, they would want to deliver it according to other current products and happenings in the actual market, and also according to what the competition is doing. I think it is important for the company to examine what the priorities are, and to review the currently established brand service prices.Since the X7 handheld is in its growth phase, there are many potential X7 customers in the market. So, most of the customers for the X7 will be new customers. 1. How you did on this round (Better or worse What was your score). Better 2. Why do you think you did better (or worse) I was able to appreciate the nature of the pda marketing strategies better. 3. What changes in strategy will you make for the final round The performance of the X7 is holding steady, as compared with the competition, so I will increase its production and sales Works cited Kreitner, R., Kinicki, A. (2003). Organizational behavior New York: The McGraw-Hill Companies. Retrieved February 12, 2007 from University of PhoenixResource, MBA520 Resource optimization website http://forio.com/pdasim.htm
Monday, November 18, 2019
Egypt from 2100-1700 BC Research Paper Example | Topics and Well Written Essays - 750 words
Egypt from 2100-1700 BC - Research Paper Example There are villages built alongside quarries and building sites, and so poor people must have lived near to the wealthy people, but segregated into their own living quarters. Some indication of Egyptian family life from this period has survived in papyri, such as letters from an old farmer Hekanakhte who left his home to go on business: ââ¬Å"these letters, which are full of sharp commands to his several sons to do his bidding, to stop whingeing about the slender rations he has allowed them, and to be kind to his new wife.â⬠ii The content of these letters may not be very significant in terms of historical facts, but it is interesting that the tone is so authoritarian, and the sons and wife all have to obey the commands of the father figure. Reading between the lines, there is a suggestion that the sons were not respectful, and perhaps this was a stepmother whom they resented. This evidence suggests that the Egyptian society of the time was patriarchal, and that families were exp ected to work the land together. The importance of agriculture was immense, because it brought the food on which the cities depended. The population of Egypt was then, as now, mostly gathered along coastal areas in the North and especially along the banks of the Nile, whose life-giving waters sustained the crops, and also served as a transport artery along the Eastern edge of the country. Hard work in the fields was probably the reality for a large number of people. This period was also known for its commitment to funerary rites, including the building of tombs and pyramids, the worship of Osiris, lively trade with countries around the Eastern Mediterranean, and advances in medicine, pottery and literature. Some of it looks back to earlier Egyptian glory and this why it is sometimes likened to a Renaissance period. The monuments are not quite so huge, and there is more evidence of modest day to day living, paying taxes and working on crafts, which suggests that at least some of the ordinary people were beginning to enjoy the pleasures and achievements of advanced civilization. Reflection It is pleasing to see in the period from 2100 to 1700 that towns and villages are growing up, partially with the support of the ruling Pharoahs, and are developing their own local economies. The worship of female gods, and the mummification of queens shows also a positive role for women, in some layers of society at least, but I do think that this was probably a very sexist society, where gender roles were pretty much fixed. There seems also to be a great respect for elders, and so to be young, and female, and especially to be a servant or slave, must have been very difficult. Added to this is the tendency of the Nile to flood, and the unreliability of harvests, which means that living conditions may have varied from season to season depending on the weather conditions. The evidence of taxes being levied is also a rather modern complaint, and this made me think that many aspec ts of life back in this period must have been similar to modern times. The lower classes always struggle to meet this obligation to the state, and it seems unfair that those who work the hardest seem to benefit the least. I had not been aware
Saturday, November 16, 2019
Performance Management System in British Airways
Performance Management System in British Airways Abstract As a company develops and takes on additional employees, the management of that company becomes a great concern. Different companies have currently started systems of performance management; as getting requiring aims has meant improving cultures of performance management across companies. In this paper we will discuss about the performance management style in British Air line. We will define Performance management in British Airline as an integrated and strategic style to presenting sustained achievement to corporation, in this situation BA, with developing the performance of the staffs through improving the abilities of team and individual participators. We will describe that system of a performance management sets out to make aim and objectives of BA to assure that BA is successful and staffs perform to the maximum probable standard. This research will also recognise any complications with BA in the type of developed performance. It is compulsory to make whether systems of performa nce management will enhance BA because they influence every person in the corporation. Performance Management System in British Airways Chapter 1 Introduction 1.1 Back Ground Management of performance, as relating to human resource management (HRM), is the system of presenting continued achievement to companies through developing abilities of staffs. It encourages the philosophical value that staffs are not capital presenter of companies with an aggressive benefit (Stankard, 2002). Management of performance demonstrates different confrontations in terms of logical implementation. Earlier researches have greatly failed to control different organizational constraints on its excellent execution. Overwhelming obstacles to modification is particularly compulsory presented their close connection to the achievement of the psychological agreement and concerned systems of HRM. The psychological agreement construct comprises of the presence of a soft group of anticipations held through the staff, which have to be managed. Within the connection demonstrated through these constructs, the employer and the staff inform, discuss, observe and then re-negotiate the relati onship of employment. In current management, different corporations focus the significance of performance management. Why is performance management so essential to organizations? Is performance management a compulsory exercise to corporations? Performance management is a method to management, which staffs and managers are unified to achieve aims of corporations (Locke, 1997). Aims are described, and results are then recognised to obtain the aims, which were apparently described. Promises of managers and staffs are achieved, to obtain the recognised results, and results are observed. In fact, performance management is a continuing method that continually calculated, observed and managed the general performance in a corporation (Stankard, 2002). Performance management has become gradually more essential from the generally extensively applied performance appraisal system to an incorporated and continues method of these days. Performance management in current human resources (HR) exercise is no longer depends on the value rating form as the individual measurement. Performance management describes aims, and recognised results to obtain aims. Staffs and managers are dedicated to obtain the recognised results, and observe results. Studies confirm that organizations that applied performance management fares excellent in terms of non-fiscal and monetary features than those corporations that do not exercise performance management. Therefore, the recognition of performance management and its styles for current corporations is compulsory in deciding and guaranteeing its aggressive benefit in the ever-modifying environment of business (Locke, 1997). Style of Performance management in British Airline is incorporated into corporation at various positions, to achieve the broader concerns of corporation where as simultaneously obtaining the similar aims (Irwin, 2002). Dissimilar standards of incorporation which performance management focuses to achieve are; vertical incorporation which connect the business, objectives of individual and team, functional incorporation which connect various parts of BA, integration of HR which connects development of business, development of HR and reward in order to obtain a coherent manner to controlling staffs and lastly the incorporation of individual requirements with BA to make the excellent performance. Systems of performance management focus to make a shared consideration about what is to be obtained in the BA (Linda, 2002). 1.2 Introduction This world is modifying. Both organizations and people currently compete in an international place of market. Consumers desire quality services and goods at aggressive prices. If the produce of a company cannot struggle, it will have not market. But this is main issue that as a corporation how to develop productivities and struggle with other corporations? Human resource management (HRM) must be utilised (Linda, 2002). HRM present to the practices and strategies required to carry out the individuals, or personal, features of a management level, containing recruiting, training, appraising and rewarding. As the compulsory section in HRM, performance management should be focused. Performance management is applying through nations such GDP, people and corporations. Performance management is about to achieve the excellent performance from people, but goes further in that it also focuses to achieve the excellent performance from the corporation and from the people as a whole. Performance management derives from the approach of management for human resource as an integrated and strategic method to the management and improvement of staffs. The method of evaluating, identifying and improving the performance of work for staffs in the corporation, so that the objectives and aims of corporation are additional successfully obtained, as at the similar time profiting staffs in terms of identification, getting response, catering for work requirements and giving support of profession (Alfred, 1970). Through process of performance management, strengths and talent of staffs, with areas, which need developments, are apparently recognised. This will make sure that staffs are ready for development of career (Stankard, 2002). Planning of Performance is the early phase for Process of Performance Management, manager are connected setting of goal and defining the job. Description for responsibility of job for all positions of employees is recognised throughout this early phase. Therefore, staffs are cleared of their aim and they have an excellent consideration about the direction of the corporation. The great participation and involvement of staffs, levels of performance are then recognised. Therefore, both the staffs and managers are capable to make the aims through presenting the plan and the exact aims (Irwin, 2002). Once strategy and aims are made, feedback and observation are carried out to make sure the success of staffs in obtaining expectations of performance (Campbell, 1973). The presentations of staffs are assessed and recorded. Bosses will then present response and compulsory training to staffs. The communication will be two-way and continuing. Expectation of job will be assessed and modified if compulsory. If hopes are completed, staffs must achieve identification and be supported. If performance falls short of anticipation, staffs shall be directed to support effectual approach to develop about obtaining specified aims. 1.3 British Airline British Airways is the biggest international passenger airline in the world. The important performance of British Airways and its subsidiary undertakings are the action of domestic and international charter and scheduled air services for the presence of travellers, mail and freight and the delivery of supplementary services. British Airways, which originated as Aircraft Transport and Travel, began its maiden every day international scheduled air services between Paris and London after World War 1 (Irwin, 2002). In 1939, government of UK combined Imperial Airways and British Airways to make British Overseas Airways, which became a government possessed corporation. Major operation of BOAC was services of long haul and British European Airways was initiatives to serve domestic, continental and market of Europe (Stankard, 2002). In 1976, British Airways began its first supersonic traveller service jointly with Air France. British Airways was privatised in 1987 and was merged with British Caledonian. In 2002, British Airways Citi Express was shaped through integration Bryman Airways and British Regional Airlines, which were entirely possessed subsidiaries. The Airline had 373 aircraft in operation as of September 30, 2001 (Irwin, 2002). In UK, the Airline presents most of the working services it needs for the managing of cargo and passengers. At international airports, apart from JFK, the subcontracts of Airline facility of the majority of its ground handling requirements. Ramp, runway and facilities of terminal are presented through operators of airport that charge airlines for implement of these services, mainly through charges of parking and landing. Facilities of navigation are presented to aircraft through countries through whose territory they fly or through international regions like Euro control. Duti es of navigation are normally based on space flown and load of aircraft. 1.4 Research Aim This research observes the system of performance management, which has become part for human resources of British airways. It defines the method related and the various kinds of performance management. 1.5 Research Objectives This is the major objective of this research to points out the requirement for rules and directions to govern performance management in British Airways because of modifications that have taken place in the company in current years. In the method of implementing and designing a latest style of performance management, the managers should play a task in the process of design, in educating staffs about the significance of the style, in deciding on fiscal and non-fiscal actions of performance. One more purpose of this paper is to identify the idea of performance appraisal and also observe the normal performance observing and mechanism of assessment in BA. To determine the various systems of performance management applied through the British Airways To investigate the perceptions of the employees of British Airways on the various systems of performance management applied to calculate their performance To study how the staffs of British Airline perceive the effects of performance management on their own performance To analyse the way by which the British Airlines employees are approaching the results of their performance management 1.6 Research Questions What is a Performance Management? What Are The Components of A Performance Management System? What Is Performance Appraisal? What kind of Performance management in BA? What is the roll of Performance Management in BA? What is the consequence of performance management in BA? Chapter 2 Literature Review 2.1 Introduction This part presents an assessment on current literature on concerned issues which makes the beginning source for the research. The literature review is separated into two groups where the first lives on relating of literatures on the issue of performance. In the same time the second group concentrates on the composed scorecard with its account and improvements observed (Marr, 2004). The features, customization and implementation of the scorecard are also discovered to confirm its significance in the situation of British airlines. The literature review also demonstrates the important success aspects and decides the main criteria of performance management for British Airways (Linda, 2002). Carter McNamara, (1997) defined that Performance management is a comprehensive method which highlight on the general association presentation to the companies and at the level of staffs. It furthermore leans to aim on the method to supply a goods or services in the company. Before that Alfred D. chandler, (1970) suggested the shift of Performance Management from structure of association to the workers for accomplishing excellent performance. Gary Cokins, (2008) characterised the multi-dimensional structure of association in order to performance management. Our reason of composing this item is to recount the connection between staffs performance management to accomplish its strategic aims. Employees Performance Management is a comprehensive method, which is founded on the workforce performance and the completion of organizational aims at all positions. The rudimentary beliefs behind the performance management is to evolving the position between the objectives of company, with the abilities and capabilities of staffs, furthermore it focus on the improvement and enhancement of the general method. Individuals mainly misperceive the performance management to the appraisal of performance; in genuine performance appraisal is assessing the past performance whereas performance management is a continuing method to assessing the completion of aims. Alan Nankervis, (2004) while managing his study in a British organisation discovers that there are some associations which distributed their objectives of corporations with their staffs. Different companies use the performance appraisal as in evaluation to the performance management in which the aim is made on the evaluation between t he performance measures being created through the company and the genuine performance of the workers while no one really contrasts the presentation contrary to the objectives of company (Glendinning, 2002). Performance management is the genuine topic as we work in the corporation for value command, in Quality founded association the target of the presentation is created on the accomplishment or fulfilment of the aims other than made standards. No question in performance management which is really the sub part of value command having different measures of performance but these presentation measures are very much associated with the objectives of companies (Stankard, 2002). 2.2 Shift from Performance Appraisal to Performance management Different researchers have been made in the performance appraisal but regrettably it did not present any acceptable outcomes as Thomas B. Wilson, (1994) tends to recount the performance appraisal as it did no work for the workers with on for the association except evolving the expiation or dissatisfaction. In the same way Wendy K. Soo Hoo, (2004) resolved two of his studies that 90% of the workers discovered the presentation appraisal as an unsuccessful. The causes he deduced from his study are like the Managers bypass presenting dependable critiques because they dont desire any clash. Normally managers fear the appraisal method as much as workers manage, so they delay and dont arrange sufficiently. Staffs can be disheartened through rankings and data from the study demonstrated that 80% of persons observe themselves in the top 25% of all performers. So 55% will be actually disheartened through dependable response about where they stand (Hal, 2008). We came to understand from all overhead consideration that appraisal of performance is not managing certain thing additional for the association and the association bestowed workers founded on the appraisal incapable to achieve the needed outcome. Reward does not modify the presentation of persons who perform solely for prize (Linda, 2002). Excellent remuneration scheme cannot ever be an excellent choice for the association for accomplishing its aims. On the contradict part it can discourage the workers due to inadequate circulation of pays on the cornerstone of performance appraisal (Marr, 2004). On the entire penalties of performance appraisal can guide lead to the down turn of general presentation of the company. On the opposite edge, Performance management of the workers is the plan which endow the companies to accomplish their aims through using the completely ability grade of their staffs. It starts when a worker connects the company and finishes when he departs his company (Glendinning, 2002). Glendinning, (2002) propose that performance management is the strategy which is presumed to be the requirement of the hour for and a replacement of early performance appraisal method. He farther contended that a corporation without a performance administration strategy has no dream for its future. Linda Gravette, (2006) with her study resolved that workers should be well renowned with the performance management strategy, used in the company and there must be a consideration with the workers about the extent and the assessment they are utilising for the evaluation of performance. 2.3 Role and Significance of Productive Performance Management System Modifying individual worker demeanour depends at the heart of organizational change plans. This is because they disregard or disturb made modification psychology values. Senior management can suppose that because they are prepared to pro-actively adopts modification; their workers will be identically pro-active. Though, enforcing activity on workers who are not arranged outcomes in clash (Glendinning, 2002). Usually, only 20 per cent of workers in companies are arranged to take affirmative activity in answer to initiatives of change. More than 70 per cent of latest strategic plans go incorrect for this reason. Therefore, to be thriving in forming demeanour, performance management strategy should accomplish acceptance through those being managed (Kaplan and Norton, 2000). Latest companies require replying additional competently to altering external and interior situations, and organizational discovering has become a significant strategic concentration (Marr, 2004). With expecting and answering to alterations in the natural environment through positive discovering involvements, different companies are developing into discovering companies. However, the inquiry of how to best change approaches through organizational discovering and improvements remain (Latham and Wexley, 1981). Actually, numerous change plans go incorrect because either organizational heritage is not prepared to modify at that period, or because they manage not foresee the influence of change on systems of human. Actions in the last cited class normally outcome in opposition and finally malfunction of the initiative of change. As cited earlier, one procedure that companies can apply to sway competencies of worker in a kind order with the change of company is to evolve robust performance management methods (Bank, 2007). 2.4 Necessary components of performance management System Andrà © A. de Waal; Vincent Coevert (2007), undertook a study for understanding the result on the output of the freshly applied performance management strategy in two public and personal banks. Outcomes of the study was that in personal part it made an important enhancement as in public part it did not play any important role. The cause behind this division of outcome was operation of the scheme in both of the banks and the philosophy of management. In management of public bank did not hassle sufficient for the implementation of the freshly evolved scheme as in personal bank the management endeavoured to apply it with its genuine soul (Kurtzman, 1993). So it is the management firm promise in the direction of the implementation that how pledged the managers is in order to performance management. Performance management and getting the needed demeanour is one of the centre matters which most of the association falls short to investigate in alignment to accomplish the needed aims (Glendinning, 2002). Demeanour of company must be evolved amidst the individual in a style which is presentation oriented and demeanour must be investigate and then changed to evolve the needed approach. The achievement of the plan is connected with anticipations of staffs if the workers anticipations fulfil with the plan of appraisal, then there affirmative connection and vice versa. The other thing which should be kept in mind while evolving the aims that it must be in accord with the workers and association ability. Person must be responsible in encouraging of a performance management strategy which really encourages the culture of value. Defining the identical things through Nonna Turusbekova (2007), recounts the requirement of the value management plan in the company to achieve yearning manners of employees because employees generally breaches the directions and detract the value methods. The rudimentary reason of performance management strategy is to conceiving the position in between the association aims and its sub strategy to accomplish the association aims, Carter McNamara, (2008). In modern company must be a balanced performance management strategy to accomplish the companies aims. With strategically utilising the performance management strategy companies can evolve its presentation measures, can evolve the assessment and then accounts the result for farther enhancement and in this a relentless method hold running. In TQM methods Performance management strategy play a significant function for evolving with assessing and accomplishing the aims. The improvements like metrics, catalogues must be agreed with the plan in the value method to the companies. A balance performance management strategy initiative was taken by Kaplan; Norton, (1992) to accomplish the dream of company strategically. Balance score business card concentrating on the four enterprise potential i .e. economic, clientele approval, enterprise method and the company discovering and modern culture (Kaplan and Norton, 1996). A review resolute that the businesses apply a mean of 13 management devices at the business position. These devices are proposed to assist assess or supervise the presentation of an association, and inside this the most well liked performance associated device was the Balanced Scorecard. In the nonattendance of a rudimentary strategic situation, managers discovered it complicated to acquiesce on a befitting set of assesses of organizational performance (Ambrose Runyard, 1992). Balance scorecard is the stage for assessing the association presentation having cooperating with economic and non- fiscal facets of business (Federal regulations, 2001). 2.5 British Airways British Airways has started a balanced sequence of non-fiscal and fiscal symbols of performance to increase its position of performance management. These are the key performance indicators (KPI) of British Airways: 2.5.1 Economic For the future of British Airways and to return their shareholders, BA has to keep a stable and powerful monetary performance. 2.5.2. Operation Margin That is the working income separated through income, which is demonstrated as a percentage is a compulsory style of measuring the monetary performance. BA has set an aim of getting 10% of working margin gradually in the coming monetary years. BA has obtained their aim of 10% working margin in 2007/08. Despite of different financial situations and increasing costs of fuel in the latter six months, business plan of BA has supported to obtain the set aim for the year 2007/08. 2.5.3 Customers Word of mouth is a significant feature for the achievement of the BA. To have an excellent recognition of the consumers, BA has an important operative method in position. This is an on-board review which is performed through a free market research corporation. Monthly about 55,000 passengers are reviewed about all features of their knowledge of flight with BA. The review supports to calculate the percentage of passengers who are going to suggest BA to others (Bank, 2007). This review supports to assess the situation to which passenger knowledge can influence the income of the corporation in future. BA has focused an aim of 63% passengers to be in the group of exceptionally likely or precise likely. BP10 plan of BA has attempted to redefine the capacity made to the passengers under the caption BA Basics and Brilliance. BA has obtained 59% in the passengers proposal measure. In 2007/08 BA had a reduction of 2% as contrasted to the last year which was attributed to the deprived performa nce at Heathrow? British Airways is focusing on developing their products of on-board and also on ground passenger service. BA is financing on presenting excellent facilities to the passengers through attempting to raise the sign of passenger suggestion. Performance of BA on this sign was 61% in 2006/07 and 59% in 2007/08. 2.5.4 Operations BA has to perform its performance dynamically if they have to please anticipations of passengers and also to operate the company, cost successfully. Heathrow being at the centre for operations of BA with its organization restrictions had an important strain on performing the actions keeping excellent quality, continually. Business strategy of BA has focused on five important fields of working performance. In these five, keeping time in departure is the compulsory measure of working performance. Timekeeping supports in the smooth working of the rest of working method and is an important aspect in affecting decision of passenger in proposing BA to others. This aspect is calculated through measuring how different flights of BA are all set to depart 3 minutes before to the planned time (Bank, 2007). 2.5.5 Employees One of the important features which affect the performance of BA is involvement of its staffs. They must be inspired, dedicated to the aim, values and aims of the BA and must be prepare for the modification and to serve the passengers. In 2006/07 BA has system of Index for Employee Involvement, which is focused through all staff speak up. The goal of the review is to focus and match the scores of other important companies in airline sector and BA has set an aim target of 73% in 2007/08. They obtained 65% which 5% less than the performance of last year. Plan of BA concentrates at financing in the growth of abilities of the staffs, through presenting proper educating and allowing them to be capable to do the job positively. 2.5.6 Performance Performance is described as the process or action of performing. One more description of the word demonstrates the abilities of a product or machine. Lebas (1995) demonstrates performance as the future possibility to perform especial activities to effectively obtain set aims within the presented time structure and restrictions of the actor and the condition. Performance in one situation can bring an entirely dissimilar definition when applied in a disparate situation. For instance, performance in an environment of computer system can mean the efficiency and effectiveness of the tools applied in efforts of telecommunication. Performance in a deal of business can explain to finish and present charges that have been approved upon based on a written agreement between the purchaser and seller (Hope, 2003). Conversely, performance can be described as the real outcomes obtained contrasted to outcomes that were anticipated or wished. The variations in real outcomes contrasted to what was anticipated is identified a gap of performance. Therefore improvement of performance is required to narrow the gaps, if any there (Ittner and Larcker, 1998). Performance must be about acquiring or achieving aims that has been focused earlier to operating the act or work. Performance is the time test of any plan. If the proper amount of attempt is presented to achieve anticipated presentation, quality is obtainable. Additionally, the description of performance very much relies on the condition and restricts also who holds the making of decision with concerns to the performance obtained (Hope, 2003). 2.6 Performance Measurement (PM) PM can be demonstrated as a method of reviewing the accomplishments of a person, group or even a company with regards to achieving focused aims through statistical proof which can come in the style of monetary data, share of market, or even the assets one has. According to the research, the leadership of a company plays a vital task in deciding the success and future of the corporation (Armstrong, 2001). In spite of concentrating on numerical values like enhancing production, the higher management of companies must play duty of prioritizing current assets of the corporation like nurturing and appreciating the contributions of employees in terms of the views they present, servicing and acknowledging the requirements of consumers as developing on what the company does best in spite of venturing too much into latest areas that do not assure achievement (Cooper, 1989). PM was normally connected to obtaining positive monetary outcomes where metrics created for calculation relied a lot on financial achievements which in a style or another supported vast improvements of different packages of accounting. Since the 1990s and 2000s, people have begun to critique the job and entire depend on monetary signs as missing other compulsory aspects that demonstrate the overall health of companies. Companies begun to feel the significance of calculating further fields of performance that can demonstrate the between the company and its assets in spite of relying only on monetary signs that tend to explain earlier accomplishments and aims of short term rather than concentrate on the upcoming direction of the company (Lawrie and Cobbold, 2004). Folan and Browne (2005) demonstrated that in the following years, the development of PM would keep and it would move towards concentrating on the external situation of a company. In spite of the common system of considering that a company has apparent limits and finite connection with other companies, development of PM will gradually turn its focus to contrasting the health of a company with its opponents (Armstrong, 2001). Figure demonstrates the development of dimension and how the concentration of PM has modified from monetary concentration to operational and strategic through the years. (Armstrong, 2001) PM plays three vital tasks in controlling performance. Firstly, PM presents cooperation through narrowing the concentration and focus of policy makers on the significances and aims of the company (Gary, 2008). Then, it presents a method for observing though applying reports of performance to confirm how well anticipations of stakeholders have been achieved up to now. PM serves as an analytic tool in assessing the motive and influence connections between arrangements taken and the outcomes obtained thereby permitting corrective activities to be taken to develop any unwanted conditions. Henri (2006) additionally discloses that from the three tasks recognised, the knowledge achieved can be applied to clarify activities reserved and strategies for future businesses. PM brings also the concentration of officials to important success aspects for the companies and aims that must be the goal of employees (Ordiorne, 1965). PM permits BA to decide its present position with relation to last accomplishments, the final aim of the company, the excellent systems for achieving the aim and how the company can establish if its aim is realized and complete.
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