Violation of public policy as a ground for refusal in recognition and enforcement of foreign arbitral awards under the New York Convention 1958

Table of contents:
I.Introduction: Public policy concept under article V of the New York Convention (main notion and boundaries, importance of the role of the concept which it plays in international arbitration)
a. Main body: Substantive pubic policy
What is the practical meaning of the differences in understanding substantive public policy?
1.Expanded approach (Violation of principle of law, fundamental interests of society, safety of the country, sovereignty and good social customs) China, India, Indonesia
Cases: The Heavy Metal case
Renusagar Power Co. Ltd. v General Electric Co
COSID Inc. v Steel Authority of India
Kahara Bodas v Perusahaan Pertambangan Minyak dan Gas Bumi Negara +ect.
2.Limited approach Most basic notions of morality and justice – ( The USA, Singapore, The UK)
Cases : Parsons Whittemore Overseas Co. Inc. v Societe Generale de LIndustrie du Papier
Westcare Investments Inc. v Jugoimport Law

Lemenda Trading Co. v. African Co. Limited

Soleimany v Soleimany

Eco Swiss China Time Ltd. v. Benetton International BV +ect.

b.Procedurial public policy
Is there such a notion or it represents a set of distinctive grounds for refusal of enforcement under article V(1) NYC ?
1. Deprivation of the opportunity to be heard
2. Abuse of the procedure
3. Lack of Impartiality of the arbitrators
4. Award obtained by fraud or based on falsified documents

II.Types of public policy in international arbitration (domestic, international, transnational, regional and truly international) and its interaction in modern arbitration.
What is the main criterion for separation between these types and its meaning for international arbitration?
How does that influence on the current practice?
a.The French approach ordre public international (Using international public policy)
Pros and cons of that method – greater consistency for international arbitration, but it raises confusion over what source enforcement State are to look to in determining the public policy defence- national source or international one?
b. The world-widespread approach Using national public policy (more than 46 countries)
c.Supranational public policy approach (The USA, India)
What is understood by that and how it influences on globalization of international arbitration?
Parsons Whittemore Overseas Co. Inc. v Societe Generale de LIndustrie du Papier
Mitsubishi Motors Corp. v Soler Chlysler-Plymouth Inc.
National Oil Corp. v Libyan Sun Oil Co.
Belship Navigation Inc. v Sealift Inc.+ ect.
III.Judicial discretion in considering grounds for rejection of enforcement of foreign arbitral awards.
How free is a judge can be considering such grounds? Are there any limits?
Does the article V of NYC have a discretionary nature?
a.Mandatory line of approach Judges are obliged to reject the enforcement in a case of proved ground of non-enforcement (China )
Cases : Revpower Ltd v Shaghai Far East Aerial Technology Import and Export Corporation
The Notice of the Supreme Peoples Court of China on 10.04.1987 On the performance of the Convention on Recognition and Enforcement of Foreign Arbitral Awards + ect.
b.Discretionary approach – Judges have right to allow enforcement even with established non-enforcement grounds (The UK, Hong Kong, Russia)
Cases: Dardana Ltd.v Yukos Oil Company
The Dallah case
Minmetals Germany GmbH v Ferco Steel Ltd.
Paklito Investment Ltd. v Klockner East Asia
Shenzhen Nan Da Industrial and Trade United Co Ltd v FM International Ltd
China Agribusiness Development Corp. v Balli Trading
Pacific China Holdings Ltd. v Grand Pacific Holdings Ltd
MGM Production Group Inc. v Aeroflot Russian Airlines+ ect.
c.Enforcement of the annulled award
Is it possible to enforce the award which was set aside by the courts of the seat of arbitration?
1. General notion If an award has been set aside by the courts of the seat of arbitration, the courts of other countries should refuse to enforce the award under the Convention. ( The UK attitude)
The Dallah case+ etc.
2. The opposite approach ( France, The USA)
Cases : TermoRio SA ESP v Electrificadora del Atlantico SA ESP
Corporation Mexicana de Mantenimiento Integral v Pemex-Exporacion y Production
Yukos Capital SARL v OAO Rosneft
Malicorp Ltd. V Government of the Arab Republic of Egypt + ect.
How does this affect the consistency between enforcing courts?
Whether that adds predictability and confidence in international arbitration?
What are the tendencies for the future?
Conclusion
Instruction files

table_of_contents_expanded_.docx(98,12 KiB)

Finance Management

Combined Horizontal & Vertical Analysis commenting on salient financial points

c) extremely poor financial analysis which must contain 4 sectors of Liquidity, Efficiency, Gearing and Profitability ratios and Du Pont Analysis lack of indepth explanation on rationale.

d) Poor Non-Financial Performance Analysis – weak arguments on customer satisfaction and product quality of how these companies achieved their non-financial goals.

e) BSC seems okay but where is your Strategy Map which is important as well

f) Part 2 on long-term investment is totally wrong !

Use ARR, IRR, NPV and Payback to calculate their real cash flow on real company as well as commenting on the pros and cons of these 4 techniques using lots of academic articles
Instruction files

fm.pdf(1,87 MiB)

Investment and Performance Analysis

1) Introduction: Maximum 5 sentences. This includes the Background of the company.
2) Top Down Analysis: Please improve more on this. Include the latest article and the materials you have written under background could be included in certain portion from this section. Please look at the initial instructions by reviewing the top-down analysis, a rational for considering particular economies, industries and companies from within the industry should be provided. Hence Build up more content to cover these.
3) DCF, PE, WACC: I don\\\”t see much improvement here except you add in references for the formula. Please build up content on the DCF, PE & WACC. I would like to see a summary in table form that compares DCF, PE & WACC for the performance comparison. Please refer to the initial instructions. The calculation of the DCF techniques and one relative valuation techniques must be clearly explained and justified. Instruction were given to do performance comparison within industries and/or between countries. This is the biggest portion for this section the comparison. It must be compared, Microsoft between industries/countries and academic articles must be used to contrast the difference for each point. Please get the details done in a table form and state from which academic reference. Then explain the finding.
4) Critically evaluate the usefulness of ROCE, EVA & SVA to access company performance: I don\\\”t see much improvement on this except you added the reference. Please build up more on this section. It worth 30 marks and based on the marks/words ratio. This section should be at least of 900 words. It is very clear from the instructions to make reference to journal articles for the comparison of ROCE, EVA and SVA. Please indicate the pro and con on how useful using them to assess the company performance. I would like you to start off with a table to show the difference between the ROCE, EVA & SVA. List all the pro and cons and compare them in the table. Please include the academic reference that you have chosen for your evaluation and include them in the same table. Please do not use the same academic journals. They should come from multiple sources. I would expect a separate reference for each point. Then explain further as a summary. You must include on reflection on your own experiences of using these techniques.
Instruction files

ipa.pdf(193,16 KiB)
ipa2.docx(59,61 KiB)

immigration theory

Explain immigration theory. Using immigration theory, explain the short term and long term effects of immigration on natives employment and wage. Critically review the evidence reported by Friedberg (2001) on the impact of mass migration on the Israeli labor market.

Friedberg, R.M. (2001). The impact of mass migration on the Israeli labor market, Quarterly Journal of Economics, CXVI, pp. 1373-1408.

Using an online resource, locate the definitions for the security and privacy terms below.

Using an online resource, locate the definitions for the security and privacy terms below.
Definitions that are copied and pasted, MUST include an APA in-text citation AND corresponding APA reference on the Reference page.
Anti-virus (1 pt):

Anti-spyware (1 pt):

Surge protector (1 pt):

Firewall (1 pt):

Pop-up blocker (1 pt):

Throwaway e-mail (1 pt):

Passwords (1 pt):

Biometrics (1 pt):

Updates (these could include Windows/antivirus/Java) (1 pt):

Pharming (1 pt):

Then please Virus Check Results (5 pts) One (1) reference required
Run a virus check on your personal computer and take a screenshot of the result of your virus scan. (Your virus protection, which is software, should be included as a reference.)
TO TAKE A SCREEN CAPTURE: Locate and PRESS the Print Screen (prt scrn) key on the keyboard (the screen has now been captured to the clipboard). Position the cursor in the Word document where you would like the screen capture image to appear, and click Paste (on the Word ribbon) OR Press CTRL + V on the keyboard to paste the screen capture image in your document.
TO TAKE A SCREEN CAPTURE (Mac): Hold down Command + Shift +3 at the same time. This captures the entire screen and saves it to the desktop.
Paste screen capture below: ( On final Document)

Then the reference page should be as follows:
The LAST Page of your Document should be an APA Formatted REFERENCE Page.
Centered Heading at the Top of the Page: References
Double-spaced
Hanging Indent
Times New Roman Font, Size 12
Thank you so much for your help!
Find the definitions on a credible website and they do not have to be to technical of definitions.

World Economies

Using the Internet, conduct research on World Economies, and choose 3 countries with promising business potential. Provide arguments for supporting your choices. (Use at least 2 references from credible sources)..

What \”reality\” was most important for Van Gogh to depict.

Project description
Gombrichs discussion of Vincent Van Gogh is among the most evocative writing in the Story of Art (544-549). Read Gombrichs discussion of Van Gogh and describe why he believes Van Goghs approach to color, imagery and technique was so innovative. Please pay particular attention to Gombrichs discussion of Van Goghs painting The Artists Bedroom in Arles from 1889 (p. 349). What \”reality\” was most important for Van Gogh to depict