Arbitration The WritePass Journal

Arbitration Introduction Arbitration IntroductionPart 1: The Seat TheoryThe Influence of Jurisdictional TheoryPart 2: The Delocalisation TheoryPart 3: The Impact of seat and delocalisation theoriesConclusionBibliographyRelated Introduction The concept of party autonomy provides the fundamental basis for modern international commercial arbitration law. As a result, it is widely considered to be â€Å"the most important characteristic of legislation within the field of arbitration.†[1]   Party autonomy enshrines â€Å"the fundamental freedom of parties† to determine the law which will guide arbitral proceedings they are to undergo.[2] It has gained what Redfern Hunter identify as â€Å"extensive acceptance in national courts† worldwide[3]. This acceptance transcends the legal basis of national systems and has found expression in international conventions; for example, the Rome Convention which recognises the principle of party autonomy as a basic right of the parties[4]. Excessive judicial intervention is anathema to the autonomy of the parties and viewed by some commentators as being harmful to the arbitral process in undermining the principles so sacrosanct and unique to arbitration[5]. Alongsid e such intervention there are other limits to this freedom which the underlying theoretical framework influences to various degrees: â€Å"the choice of law must exist within the lex arbitri of the ‘seat’ of the tribunal and must not be contrary to public policy or natural justice considerations.†[6] This is because parties are unable to agree to a procedure â€Å"fundamentally offensive to the notions of justice of the seat of the arbitration.†[7] This thereby makes the choice of the seat a very profound step in an arbitration process. This ‘seat’ theory is very well established within international commercial arbitration and provides an established legal framework which some advocates have argued puts the very existence of international arbitration in doubt[8]. Yet should arbitration be so â€Å"anchored†[9] within the national legal system where the award was made? In direct contrast to the seat theory is the ‘delocalisationâ⠂¬â„¢ theory which provides that international commercial arbitration â€Å"should remain free from the constraints of national laws and therefore the lex arbitri†[10]. Jan Paulsson is perhaps the strongest advocate of the delocalisation theory and he argues that delocalisation has at its heart the principle of party autonomy free from the rigid constraints of the lex arbitri[11]. Both the â€Å"seat† and â€Å"delocalisation† theories have profound impacts upon the fundamental and enduring principle of party autonomy with the basic understanding being that while the seat theory constitutes a threat to the very essence of international commercial arbitration in facilitating excessive court intervention[12] the delocalisation theory conforms to and indeed strengthens the principle of party autonomy[13]. This essay will argue that both theories have, to a large extent, had a profound impact upon party autonomy in the manner referred to above. In part 1 the seat th eory will be critically evaluated while in part 2 the delocalisation theory will be discussed before looking at both theories’ undoubted and growing impact upon party autonomy within international commercial arbitration. Part 1: The Seat Theory An arbitral process must have a ‘seat’ to which the arbitral process is ultimately tied and which therefore determines the procedural law of the arbitration: the juridicial seat[14]. This forms the basis for the Rome Convention on the Law Applicable to Contractual Obligations.[15] This is to avoid causing uncertainty which may arise from a situation where a choice has not been made.   The term ‘seat’ is not synonymous with the term ‘choice of law’; rather the seat is only relevant as a determinant of the governing law of an arbitration process in place of an express mention of the choice of law governing an arbitration process[16]. The seat theory certainly represents the orthodoxy in International Commercial Arbitration[17] and the international community’s acceptance of it is unsurprising for Ahmed who observes that the theory, in essence, maintains state sovereignty[18]. It must be noted, however, that the law of the seat has varying levels of involvement with arbitration within different jurisdictions and the quest for harmonisation of the lex arbitri is for Redfern and Hunter, as illusory as the search for â€Å"universal peace†[19]. In England, for example, the procedure to be adopted by the â€Å"arbitral tribunal is governed by the law of the country in which arbitration is seated†[20] thereby making the choice of country important as the law of the seat sometimes contains provisions which might have profound consequences for the proceedings. Apart from this, the choice of seat has great consequence in the context of the acknowledgement and re-enforcement of any award by virtue of the fact that the seat of arbitration constitutes a ground for the challenge of an award[21]. The example of France provides a strong contrast to the UK with our European cousins taking what has been described as a â€Å"more delocalised approach to international commercial arbitration†[22]. The theoretical f oundations clearly have a profound influence on the attitude of national courts to arbitration in interventionist terms. Hong-Lin-Yu states that[23], â€Å"the involvement of national courts in arbitration in the world over can be characterised as either intrusive or just supportive.† Among the arguments justifying the basis for the level of involvement discussed by Hong-Lin-Yu and which is relevant to this coursework in explaining the fundamentals of the involvement of the law of the seat in arbitration is jurisdictional theory. The Influence of Jurisdictional Theory Ahmed observes that the seat theory â€Å"emanates from† the jurisdictional theory which â€Å"places importance upon the territory or state within which arbitration is to take place in regulating the arbitral process†[24].   The theory proposes that the arbitration process â€Å"should be regulated by the national laws of the seat, or lex arbitri, and that of the country where recognition and enforcement will be sought†[25]. Therefore, the entire procedure must be regulated via the law selected by the parties, as well as the law of the seat of the arbitration; this is because â€Å"the power possessed by the arbitrator is acquired via concession given by the state from its monopoly over the administration of justice within its jurisdiction.†[26] It is widely acknowledged that these awards possess the equal status as a national Court Judge’s judgement. According to Klein[27], â€Å"the state alone has the right to administer justice, so in giving as a concession to arbitration in the administration of justice it is exercising a public function†; thus, an award made is correspondent to the judge’s decision. As a result, arbitrators, such as national Judges, must apply the rules of law of a particular state in order to reconcile any disputes that have been submitted. Ahmed eloquently sums up the influence of jurisdictional theory upon seat theory by observing that those who support the theory believe that the national laws of a seat have both an â€Å"automatic and legitimate† right to supervise the arbitral proceedings, or in other words, he adds, â€Å"the lex arbitri will govern arbitral proceedings†[28] which are the foundations of seat theory. As noted above Mann is one of the strongest advocates of seat theory and he has argued that it is municipal laws which are the source of the parties’ rights[29]. As noted above Mann has also insisted that, in the legal sense at least, international commercial arbitration doesn’t even exist owing to the fact that each arbitral decision is anchored within the national laws of that country[30]. Part 2: The Delocalisation Theory The principle of delocalisation refers to the partial severance of international commercial arbitration from the national laws of the seat of the tribunal[31].   Logically this also means that the arbitration should remain largely free from the lex arbitri and is truly international in character. This theory has been expressed most forcefully by Jan Paulsson whose views were described as â€Å"dangerous heresy† by Professor Park back in 1983[32]. The author is at pains though to explain that his arguments do not necessarily mean that national laws will be disregarded: it is only in certain situations, he argues, that the award should be allowed to â€Å"float† or â€Å"drift† away from the previously accepted orthodoxy of the seat theory[33]. Proponents of delocalisation also argue â€Å"that instead of the dual system of control between the lex arbitri and then the courts at the place where the award was rendered, should be replaced by just one powerful contr olling element: the place of enforcement†[34]. As Redfern Hunter note this effectively opens up the entire world for international commercial arbitrations, rendering the process: â€Å"supra national†, â€Å"a-national†, â€Å"transnational†, â€Å"delocalised†, or even â€Å"expatriate†. More poetically, this kind of arbitration is considered a â€Å"floating arbitration†, producing a â€Å"floating award†[35]. A classic case study used by many proponents of the theory is the French system which nurtures the tie amongst arbitration and the law of the country of enforcement reaches the minimum throughout the exercising of the â€Å"international public policy† and terms as provided under the New York Convention of 1958.[36] This place arbitration as â€Å"subject to the laws of the seat not being contained in French law.†[37] Under the French system, issues of arbitrability are completely left to the tribunals[38] where issues of the conflict of laws arise for determination unlike in other countries where the court can ascertain any question of validity in which there are no explicit evidence to the contrary[39]. The French position is that of total autonomy as provided under art. 1496 of Code of Civil Procedure of 1981 which gives the arbitrator the freedom to apply the law he deems appropriate in the absence of any law chosen by the parties taking into account trade usage in the application. The psychology of this section is in line with the concept of delocalisation of arbitration which allows the arbitral tribunal to operate free from national laws and most especially the lex arbitri with the only restriction being international public policy. Under the French system, the international arbitration courts are provided with restricted power to intervene as per review unless â€Å"the arbitration has some connection with France†[40] and in issues involving the setting aside of awards there are very few grounds for the challenge of an arbitration award under the French Law and this trend of minimum interference is followed in the French’s limitation of the grounds â€Å"for refusing recognition or enforcement of arbitral awards†[41]. As given by the principle of delocalised arbitration, any enforcing body is able to chose to ignore the decision made by the Court of the seat because â€Å"international arbitration cannot be deemed a manifestation of the state;†[42] therefore, international arbitration is stateless and free from the lex arbitri and indeed â€Å"floating† as noted above.[43] Hilmarton Ltd. V. Omnium de Traitement et de Valorisation (1999) 14 Mealey’s International Arbitration Report (No. 6) A-1-A-5 (High Court of England and Wales) put this position into action where the French Cour de Cassation held â€Å"that the award rendered in Switzerland is an international award which is not integrated in the legal system of that state, so that it remains in existence even if set aside and its recognition in France is not contrary to international public policy†[44]. Part 3: The Impact of seat and delocalisation theories From the above analysis of the seat and delocalisation theories, there is a clear and profound clash with the principle of party autonomy and the influence of the seat in arbitral proceedings. The basic position is that the seat theory is an obstacle to the principle of party autonomy in international commercial arbitration[45]. This is one of the chief criticisms of the orthodox seat theory and, as Ahmed rightly warns, the principle of party autonomy is in danger of becoming an anachronism if judicial intervention in international commercial arbitration goes past mere support[46]. On the other hand the delocalisation theory is perceived to have party autonomy at its heart as it arguably empowers true freedom of the parties to resolve disputes without any interference from national courts[47]. Others would go further with Pierre Lalive arguing powerfully that the parties’ private dispute should in no way be resolved with reference to national laws. As noted above the seat theo ry still has many powerful supporters and it is undoubtedly the favoured approach of many countries as it is in essence a protection of state sovereignty and allows countries to retain a degree of control of such processes[48]. Clearly the aim of the business communities’ desire in arbitration is to provide a malleable and informal process of settling disputes using the courts that tends to present the contractual outlook using their interpretation of the relationship between the parties as a contract[49]. However there is the existence of a situation where it has been claimed that arbitration concerns the differences amongst parties and existing contracts between them and the arbitrators is unsustainable. This is as a result of all of the problems surrounding the validity of the arbitral agreement and arbitrability that are chosen via the lex fori[50]. A state alone possesses the influence to pass decisions on arbitrability and that does not favour public interest or depends on every state’s economic and social policies[51]. However, while it should be conceded that that view for reducing the influence of the national law and the strength of contracts is a commendable one, this approach is not practical. The reasons for this are, firstly, as a result of the condition of the judicial review in which the court of the place of arbitration and the place of enforcement may act out supervisory powers in order to ascertain how valid the arbitrary awards. The national courts exercise this jurisdiction[52]. Secondly it is also important to note that the situation in reality, as Redfern Hunter have noted, is that despite the fact the delocalisation theory has powerful allies, â€Å"the reality is that the delocalisation of arbitrations†¦is only possible if the local law (lex arbitri) permits it†[53]. The distinguished authors cite the example of Belgium which tried to opt for delocalisation but has since changed its law owing to the simple fact that Belgium immediately became an unattractive place to settle arbitral disputes[54]. Conclusion In conclusion both the seat and delocalisation theories have exercised a strong influence over the principle of party autonomy but to different degrees. The seat theory, which undoubtedly represents the orthodox position and the preferred mode for countries seeking to preserve their sovereignty, presents a strong challenge to the principle of party autonomy. Given the prevalence of seat theory in the world this attack must be taken seriously and Ahmed is correct when he warns that the principle is in danger of becoming a â€Å"myth† should such judicial interference go beyond support to interference[55]. The example of the English courts is enough to demonstrate the dangers of excessive interference which goes beyond the â€Å"safety net† it is intended to be. On the other hand the delocalisation theory has, in the submission of this essay, had a lesser although not negligible effect upon the principle of party autonomy. Despite its noted advocates, such as Jan Paulsson , it is still very much an evolving theory[56]. Further, as Redfern Hunter have noted accurately, it is only when the lex arbitri allows it that delocalised arbitration can occur and the example of Belgium is indeed a warning that any states which embrace it do so at their own peril of parties seeking to enforce their disputes elsewhere. Of course the French courts have taken the delocalised approach to be their own while recent English decisions travel in the opposite direction[57]. The seat theory remains the orthodoxy and for now the process of harmonisation of international commercial arbitration has ground to a halt. Bibliography 1.0  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Books Goode, Roy (2010) Goode on Commercial Law (4th ed) Penguin Books: London at p.1308 Andrew Tweedale and Keren Tweedale (2010): â€Å"Arbitration of Commercial Disputes: International and English Law and Practice† (Oxford University Press) Compagnie d’Armement Maritime. David St. John Sutton, John Kendall, Judith Grill(1997): Russell on Arbitration (London Sweet and Maxwell) Adam Samuel(1989): â€Å"Jurisdictional Problems in International Commercial Arbitration: A Study of Belgian, Dutch, English, Swedish, Swiss, U.S., and West German Law†. Published by Schulthess Polygraphisch verlag Redfern and Hunter(1991): â€Å"International Commercial Arbitration† .(Sweet and Maxwell) 2nd Statutes Rome Convention on the Law Applicable to Contractual Obligations [1980] Official Journal of the European Union, No L266/1 Arbitration Act 1996 French Code of Civil Procedure 1981, Book IV 4 Arbitration[1] 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards    Journals Ahmed, Masood (2011) ‘The Influence of the Delocalisation and Seat Theories Upon Judicial Attitudes Towards International Commercial Arbitration’ Arbitration Volume 77 Issue 4 pp406-422 at p.406 Lalive, â€Å"Les rà ¨gles de conflit de lois appliquà ©es au fond du litige par larbitre international sià ¨geant en Suisse† (1976) 145 Recueil Des Cours 2. Lie, Ji (2011) ‘The Application of the Delocalisation Theory In Current International Commercial Arbitration’ I.C.C.L.R Volume 22 Issue 12 pp383-391 at p.384 Mann, â€Å"Lex arbitri and locus arbitri† (1988) 104 L.Q.R. 348. Paulsson, â€Å"Arbitration Unbound: Award Detached From the Law of Its Country of Origin† (1981) 30 I.C.L.Q. 358. Paulsson, Jan (1983) ‘Delocalisation of International Commercial Arbitration: When and Why it Matters’ I.C.L.Q vol.32 pp53-61 Hong-Lin-Yu (2004): â€Å"Explore the Void-An Evaluation of Arbitration Theories†: Part 1. Int. A.L.R. 2004, 7(6), 180-190 Julian Lew(1978): Applicable Law Mann (1983): â€Å"Lex Facit Arbitrum†. Arbitration International 245, 2(3) â€Å"Trends in the Field of International Arbitration†(1975)II Recueil Des Cours 233-234 Lord Mustill(1989): Arbitration: â€Å"History and Background†. 6 Journal of Int. Arb. [emailprotected] Kerr (1985): â€Å"Arbitration and the Courts: The UNCITRAL Model Law†, 84 ICLQ 1, 15 Lando(1985): â€Å"The Lex Mercatoria in International Commercial Arbitration†. 34 ICLQ 747    Cases Bay Hotel Resort Ltd. V. Cavalier Construction Ltd. [2001] UKPC 34, PC (TCI) Jakob Boss Sohne KG V. Federal Republic of Germany Application No. 18479/912.05, 8.11 Hebei Import Export Corp. V Polytek Engineering Company Ltd.(1999) 14 Mealey’s International Arbitration Report (No. 2) G-1-G-15; XXIVa YBK Comm Arbn 657-77 Mitsubishi Motors Corporation V. Soler Chrysler Plymouth Inc. 473 US 614, 105 S.Ct. ABS American Bureau of Shipping V. Shipping Co-Ownership Jules Verne(2003) Rev Arb Somm Juris 234 Green Tree Financial Corp. V. Lynn Bazzle (2000) 531 US 79, 90, 121 S Ct 513, 522 Chromalloy Aerosemica V. Arab Republic of Egypt(1993)xxii ybk Comm Arb 691 Cereals SA V. Tradex Export SA[1986]2 Lloyds Rep 301; K/S Norjal A/S V. Hyundai Heary Industries Co. Ltd [1991] 1 Lloyds Rep. 524 (CA)

Where Should You Take the ACT

Where Should You Take the ACT SAT / ACT Prep Online Guides and Tips You don't want to walk in the morning of the ACT only to find you have to take the test on a super-tiny desk. If you're preparing for the ACT, you've probably spent a lot of time studying and getting ready for the test. But you probably haven't given that much thought to the physical location of your test (especially if you're taking it as a part of your state’s mandatory testing). However, the place you take the ACT could definitely affect your performance. Read our guide to choosing the best possible ACT test location so you can knock it out of the park. How to Search for Test Locations Before we can even talk about what makes a good center, we need to go over how to find those test centers to begin with. Keep in mind this guide is intended for students taking the test outside of mandatory state testing sessions. If your high school requires you to take the ACT, you won't be able to choose the location for that session of the test. But if you sign up on your own, you will be able to chose. The ACT website has two test center search methods – one that’s easier to use but less detailed, and one that’s more cumbersome but gives you more info. We’ll tell you about both. Method One: ACT’s Test Center Search The easiest way to start looking for an ACT Test Center is to use the search feature on ACT’s website. This basic search method allows you to search by country, state, and city. Image via the ACT Student website. The upside is that this is a quick method, and you don’t have to begin registering for the test. The downside is that since you can only search by city and state, and not zip code/distance, you might overlook test centers close to you. However, for some states, this basic method might be all you need. For example, in Rhode Island, there are only two test centers that offer the test on all ACT dates, and eleven centers total. If you live in RI, that would probably make your choice of test center pretty straightforward, unless you want to consider options over the border. Eight of the eleven possible test centers in Rhode Island. The basic ACT Test Center search doesn't allow students in Rhode Island to easily see options over the state border. Image via the ACT Student website. But for big states like California and Texas, you might need a more fine-grained search to be able to sort through the options closest to you. If that's the case, you may want to consider the second search method. Method Two: Begin to Register for the ACT Unfortunately, the best method for an ACT test center search is within the test registration process. You don’t have to complete your registration, but use this method if you want to do a more efficient search by zip code. For some reason, both the SAT and the ACT only let you search test centers by zip code once you’ve begun to register. Once you begin to register for the ACT, you can search for test centers by zip code. Image via the ACT Student website. The registration search method will give you a list of the test centers nearest to you. This is especially helpful if you live close to a different city or even a state line, as it will show you options over the border. A list of possible test centers found with the zip code search. Note that using this method you can still view which test centers still have space available. Image via the ACT Student website. So if you use this search method and see that you have a lot of options, how do you choose the best test center? Your choice depends on a few important factors, which we will cover in order of importance. How Far Away is the Center? You don’t want to risk a travel crisis the morning of the ACT. For that reason alone, it’s wise to choose a test center as close to your home as possible. In most cases, the closer, the safer, especially if traffic or weather issues arise. Also think about the parking and/or drop-off situation at the location. A high school parking lot might be crazy the morning of the ACT. In any case, always give yourself more time than you think you’ll need to get to the ACT on time. This is not the morning to be late! Do You Know the Building? Once you’re inside the center, you’ll be less stressed out if you know how to get around. For example, if it’s your own high school, even if you’re headed to a room you’ve never had a class in, you’ll likely be able to find it easily. This means less unnecessary stress on test day. However, if you’re in a different high school or university building, and have to go looking for your test room, that could cause unnecessary stress, especially if you take a wrong turn or get lost. If you have to go to an unfamiliar location (say if your high school doesn’t offer the ACT) you might consider scoping out the center ahead of time. Will You Run Into Friends? Will seeing friends or classmates at the ACT relax you, or stress you out? For some students, seeing their friends and talking before the test could help them relax and focus. For others, seeing classmates could remind them of competition and college application stress, so being with strangers might be more relaxing. There is no problem with being either type of person. But be introspective and try to decide if being with familiar faces will be good or bad for you, and plan accordingly. If you'll be especially stressed out by familiar faces, you might consider traveling a bit farther to go to a different test location. Are There Issues With the Test Center? Aside from the big issues of location and people present, there could be other, unexpected issues that make a test center better or worse. What are the rooms like? For example, windowless rooms can be oppressive and stressful for some students. For others, sitting by a window could be distracting. Does the room have decent temperature control? You don’t want to be taking the ACT either uncomfortably hot or cold. If the high school across town has AC and yours doesn’t, you might prefer to go across town, especially if you're taking the ACT in June. Think about other possible problems with the test center. Is there construction happening nearby that could be distracting? Odd smells or lighting issues? There are things that could unexpectedly cause problems the morning of the test. If you're easily distracted, make sure to scope out potential test centers carefully. They came in like wrecking ball... and ruined your concentration during the ACT. Avoid test locations with nearby construction sites! Image via Wikipedia. Finally, think about desk size. The bigger the desk or table you get to use, the easier, since you’re going to be juggling your answer sheet and test booklet. Trying to cram everything onto a tiny desk is an annoyance you might not want to deal with on test day. Should I Just Test at my High School? After going through all these different potential testing locations and issues, you might think that just going to your high school is the best option. This is likely the case for many students, but consider the following potential problems before you register. First, as we discussed above, being around friends and classmates can be stressful for some students. Will familiar faces distract you or stress you out? You might want the â€Å"blank slate† experience of going to a different location. Second, is there a closer location? Don’t underestimate morning-of travel and weather issues. If you commute across town to go to school, going to a location closer to home could save you morning-of travel time and stress. Are there known issues with your high school, like small desks, lack of heating/cooling, or a nearby construction project? You might want to seek out a different test center at a local University or different high school for a better testing environment. Do you tend to lose focus in environments you’re used to? Some people prefer the environment of a new testing center. Of course, for others, being in familiar locations is less stressful. That said, if you don't have any of those issues, your high school can be the best bet since you’re familiar with it. Personally, I took the ACT at my high school and found it much less stressful than going to a different location for my SAT Subject Tests. I happened to live within walking distance of my high school, and I liked having a short walk the morning of the test to calm my nerves. Plus, since I wasn’t worried about finding the testing room, I was at ease that morning. In contrast, I found it stressful to drive to different location for the SAT subject tests and deal with finding my testing room in a big University building I’d never been to before. Remember, the best testing environment for you is all about your preferences and test-taking style. Take your own concerns and issues into account when choosing your test center. Other Tips Be aware of test center closings. Sometimes the ACT has to close test centers before a test due to weather or other unforeseen issues. Check your email carefully in the weeks and days leading up to the test in case this happens to your test center. Drive to the testing location before the morning of the test if you’ve never been there. Don’t rely on your GPS to get you there without problems the morning of. There could be problems with the route, or the address given might not take you to the right entrance. If you make the drive before the morning of the test, you can make sure to avoid any last-minute crises. If you have a long drive the morning of, pack your breakfast with you to save time. You could put together a playlist for the drive as well. Either choose relaxing music if you tend to stress out, or music that will get you amped if you need some extra motivation! You could also bring along some flashcards or practice problems to get your brain going in the car. If you’ve already registered but decide you want to switch locations, you can change your ACT location after registering, but there’s a $28 fee and locations fill up the closer you get to the test. So if you want to change, do it quickly. Better yet, research your test center options before you register. What’s Next? Do you feel like you’ve hit a wall with your ACT studying? Get advice from our 36 perfect-scorer. Even if you’re not going for a 36 yourself, these tips will give you the motivation you need to get through these last few weeks of studying. Try out some full-length ACT practice tests. Being used to the format, length, and pacing of the ACT will help you build stamina and feel confident and relaxed on test day. Want other test day tips? Find out what to do – and what not do to! – the night before and morning of. Want to improve your ACT score by 4+ points? Download our free guide to the top 5 strategies you need in your prep to improve your ACT score dramatically.

Meditation on first philosophy, Rene Descartes, 3 pages attached Essay

Meditation on first philosophy, Rene Descartes, 3 pages attached follow the instruction - Essay Example However, most people might not understand these arguments since they require a developed mindset, as is the case with geometry. To understand these arguments, one needs to give full attention to the philosophy, and free themselves from prejudicial thoughts. Rene Descartes believes that most people would rather seek out what is wrong than defend the truth which they cannot understand. The writer seeks to use philosophy as a tool to demonstrate that God and the Soul exist. People are usually blinded by their arrogance to defend what is wrong, than to seek out the truth. In geometry, something has to be proven before it is printed, in philosophy, however, critics seek to question the best arguments without giving proper thought to the writer’s agenda. It is not the philosophy that fails to prove itself, it is the readers that fail to give credit to the truth in the detail. Prejudicial mindsets make people see errors in philosophy, rather than admit to the facts. If absolute patronage can be given to this philosophy, it is possible for the reader to understand the truth in it, and even go ahead to correct the errors in the detail. Descartes, R., & Cress, D. A. (1979). Meditations on first philosophy: in which the existence of God and the distinction of the soul from the body are demonstrated (3rd ed.). Indianapolis: Hackett Pub.

Summarizing a biological article Essay Example | Topics and Well Written Essays - 250 words

Summarizing a biological article - Essay Example 67). The study addressed initial questions relating to the role of membrane phospholipids in ice nucleation activity. Previous studies have also tried to address role of phospholipids as a factor of ice nucleation activity in most bacterial membranes. The study established the role of phospholipid components such as phosphatidylinositol and phosphatidylethanolamine, to ice nucleation activity. The researchers in the study grew E.coli bacterial strains in controlled cultures at 21 degrees Celsius and pH of 7. The study monitored the growth of the cells through measurements of absorbance of the media at 600nm using Perkin-Elmer spectrophotometer. The researchers the harvested multiplied cells after the end of logarithmic phase. The study then overexpressed ice nucleation proteins E.coli cells through cloning in Pt3t7lac vector. The study assayed Ice nucleation activity in the cells through droplet-freezing assay followed by serial dilutions. The study finally used ICE software program to calculate ice nucleation activity. The study then extracted ice nucleation protein through lysis of the E.coli cells and the protein content determined through Bradford method. The researchers then purified and analyzed Ice nucleation protein through gel electrophoresis followed by immunoblotting (Palaiomylitou et al. 68). After production of protein antibodies, the study extracted the lipi ds through monophasic system involving methanol, chloroform, and water ratio of 2:1:0.8. The study affirmed the restoration effect of phospholipids on the activity of ice nucleation protein after the delipidation of lipoproteins. However, must phasmatoscopic analysis to help in the elucidation of hydrophobic properties of ice nucleation protein and to determine the mode of protein-lipid interaction in the ice nucleation protein (Palaiomylitou et al. 75). Palaiomylitou, M. A., Kalimanis, A., Koukkou, A.I., Drainas, C., Anastassopoulos, E.,

Scm Test Questions Essay Example for Free

Scm Test Questions Essay

Bio Warfare Essay -- essays research papers

Biological warfare is war waged with deadly chemicals, biological agents, or radioactive materials (CBR). They can be used to kill large amounts of people, destroy food, or just temporarily stun them for a matter of time so troops can come in and torture them or do whatever troops led by an manipulative tyrant who destroys everything. Using CBR, allowed you to kill everything and leave the buildings standing instead of nuclear weapons which destroy everything, put fallout in the air, and have radioactive materials wash into the ground and streams. Using deadly chemicals in war has been going on since the early 1900’s during World War I (1914-1918). Chemicals such as tear gas, chlorine gas, phosgene, and mustard gas. The first 3 are things that irritate the lungs, and mustard gas cause burns. After experimenting with these chemicals, they tried flame throwers but they were ineffective because of their short range. But that later led to napalm. Napalms kind of like gas only lon ger burning, more thick and it’s stickier and this is a deadly combination. All of this stuff led to the wide use of fire for World War II (1939-1945). By the end of W.W.I, European powers have integrated gas warfare capabilities into their armies artillery. During W.W.II, Germany was working on many different things. Such as nerve gases, the atomic bomb, and Adolf Hitler had scientists work on something to increase longevity. At the end of W.W.II every country knew about the advantages of deadly gases than conventional shoot outs and destructive bombs. Gases such as tear gas have been used in limited wars since W.W.II, such as in the Vietnam War; tear gas is also employed by civilian police forces to stop riots. The more deadly gases such as mustard gas and nerve gas has generally been condemned by most countries. Such weapons do remain in some arsenals, but treaties have gotten rid of them. There is evidence that Iraq used these weapons in the Iran-Iraq War in the 1980s and that allied troops may have been exposed to these gases during the Persian Gulf War of 1991. Various chemicals, such as Agent Orange, that alter the metabolism of plant and cause them to die have been employed in modern jungle warfare to reduce the enemy’s cover and let troops march in without the fear of being ambushed. Later it was found that Agent Orange harmed everything that was near it. It killed plants, went... ...n the skin by those who handle infected hides and carcasses and may be self-limiting, but often gets into the bloodstream, with fever and exhaustion. It is characterized by malignant pustules on exposed skin areas. The inside type is acquired by inhaling anthrax cells, as from animal hair and wool, which take over the lungs and sometimes the intestinal tract to cause lose blood. It is speculated that an intestinal variety may be caused by consuming contaminated meat or milk. Workers exposed to animal products, especially wool, are protected by vaccination. Penicillin is effective in treatment except in rapidly progressing cases. The worst outbreak of anthrax occurred in 1979, when a biological weapons plant in Sverdlovsk, Union of Soviet Socialist Republics (present-day Yekaterinburg) released an aerosol form of the anthrax pathogen. The source of this exposure, which killed 66 people, was publicly denied until 1994. In conclusion, biological weaponry are very deadly and can kill 100’s of millions of people without them knowing what’s going on. At least it doesn’t destroy buildings. So when we drop the big one, later intelligent species can dig up entire buildings and dead bodies.

Journey Assignment

|[pic] | | | | | | |Mater Dei Catholic College | | |ASSESSMENT TASK | | | | | |Preliminary English Standard | | |Area of Study Portfolio | |Date Issued: Wk 6 |Date Due: Friday 5. 4. 13 8:45am Wednesday Outside Staff Centre | | |Listening: Lesson 1 Friday 5. 4. 3 In-Class | |Assignment Weighting: 25% | |Components: 15% Listening and 10% Portfolio | |Outcomes Being Assessed: | | | |2. A student explains relationships among texts. | |3. A student develops language relevant to the study of English. | |4. A student explains and analyses the ways in which language forms and features, and structures of texts shape meaning and influence responses. | |7.A student adapts and synthesises a range of textual features to explore and communicate information, ideas and values for a variety of purposes, | |audiences and contexts. | |Context of the task: In the Area of Study, students explore and examine relationships between language and text, and interrelationships among texts. They | |exa mine closely the individual qualities of texts while considering the texts’ relationships to the wider context of the Area of Study: Journeys. | |Outline of Task: | | | |Part A:Portfolio | |In your area of study you have been focusing on the concept of Journeys. You are to collect, analyse and present TWO sources which relate to ideas of | |Journeys that have been explored in and are relevant to Raw or Away. Your chosen texts should be sourced from two different mediums. | | | |Presentation: | |Your analysis will be presented on the proforma provided to you by your English teacher and you are not to exceed the total space provided. | |You must use different examples from your set text in each analysis. | | | | | | |Part B: Listening Task | |You will listen to an aural text in class which will have an aspect of Journeys as its focus. You will be required to analyse the extract aurally and | |comment on how meaning is conveyed in this text type and its relationship to J ourneys. You will need to be familiar with a range of Journeys concept ideas | |and thesis statements. You will require your laptop and a set of ear buds/phones for the lesson.Obviously your laptop will be charged! | | | |Marking Criteria: | | | |Marks | |Criteria | | | |13-15 | |Skilfully identifies the concept of Journeys in the text. |Demonstrates detailed understanding of how selected text/set text explores the concept of Journeys | |Presents a perceptive analysis of the set and chosen text | |Uses language which is appropriate, sustained, sophisticated and suitable to audience, purpose and form | | | |10-12 | |Clearly identifies the concept of Journeys in the text. |Demonstrates effective understanding of how selected text/set text explores the concept of Journeys | |Effectively analyses the set and chosen text | |Uses language effectively which is appropriate and suitable to audience, purpose and form | | | |7-9 | |Identifies the concept of Journeys in the text. | |Demonstrates satisfactory understanding of how selected text/set text explores the concept of Journeys | |Attempts to explain ideas in the set and chosen text/describes the texts. |Uses language which is appropriate and suitable to audience, purpose and form | | | |4-6 | |Describes Journeys in the text. | |Demonstrates limited understanding of how selected text/ set text explores concepts of Journeys | |Attempts to describe the selected text and chosen text | |Uses simple language suitable to audience, purpose and form | | | |1-3 | |Demonstrates elementary understanding of Journeys in selected text/ set text |Recount of the texts/ brief response | |Uses simplistic language which is not always suitable to audience, purpose and form | | | | | |Areas of proficiency: | | | | | | | | | |Areas for development: | | | | | | | Journeys: Additional texts summary sheet Title: Refugee Blues Text Type: Poem Composer: WH Auden Published: 1939 Audience: English teacher Outline the text in terms of its broad relationship to the concept of Journeys. This poem explores the concept of journey through sadness and the hardships that are experienced of being a Jew in the wrong place at the wrong time.This couple has lost everything except each other so there is hope for them The couple are determined to find a sense of place and acceptance after locating to a new destination Identify two Journeys thesis statements which are relevant to both your set text and this chosen text. (Use point form) †¢ A journey can involve the search for identity †¢ Journey can often contain obstacles to be met and over come Explain (with reference to technique, relevant eg’s and effect) how each thesis statement is explored in Raw/Away. (2xWHEELS) WH Auden articulates how journeys can often contain obstacles to be met and overcome in his poem Refugee Blues. Auden conveys a disillusioned tone through his use of anaphora.During the time of the war, it is expressed that so me civilians were treated as outcasts. This is evident in the first paragraph where he writes ‘Say this city has ten million souls†¦yet there’s no place for us, my dear, yet there’s no place for us. ’ This is further reiterated in the repetition of the phrase ‘we cannot go there now, my dear, we cannot go there now’. The use of anaphora establishes for the reader the belief that the two refugees in this poem have to overcome the obstacle of exclusion as they are not accepted by anyone in the country. The use of repetition in the statement ‘yet there’s no place for us’ and ‘we cannot go there now’ evokes empathy in the audience more so that it would have been without repetition.The reader also feels sympathetic and concerned for the couple with the quote ‘my dear’ and we realize that the two have strong feelings for each other. This is a good thing because they are able to comfort each other. T hrough the use of anaphora Auden was able to highlight about how journeys can often contain obstacles to be met and overcome in his poem Refugee Blues. The concept of journey can involve a search for identity and this is explored in WH Auden’s poem Refugee Blues. Auden portrays logic of despondent tone through his use of structural devices and figurative language. This is seen in the sentence ‘.. some are living in mansions, some are living in holes:.. ’ and â€Å"if you’ve got no passport you’re officially dead†.The use of juxtaposition and metaphor creates the reader to feel empathy for the refugees and because the poem begins by introducing a city with 10 million people in it, some have the luxury of living in mansions; and this is contrasted with the rest who are living in most disgusting conditions ‘holes’. It’s suggesting that the couple are the lowest of low because there is not even a ‘hole’ for them a nd they are below the poverty line. WH Auden takes a single main theme and makes variations on it, leading to a particularly powerful finale. The theme of this poem is the abuse of human rights experienced not only by German Jews but by other Jews and by refugees anywhere.Through the use of structural devices and figurative language Auden was successfully able to portray the quest for identity in his poem Refugee Blues. Scott Monk represents the idea of journey involving a search for identity in his novel Raw. Monk highlights a sense of regretful tone through his use of characterisation of Brett Dalton. This is shown in the quotes â€Å"she’s got nothing to do with this! It’s my fault! I’m the one to blame! † and â€Å"He [Brett] felt like he had let him [Sam] down. No one had put up with more from him. He’d been patient so many times. Forgiven him. Let him back to The Farm when he’d run away. He’d always been there regardless of the trouble Brett had caused an all he’d got in return was grief. The use of characterisation establishes the way that Brett has accepted that he was responsible for everything that has happened between him and Caitlin and him and Sam. This shows a lot of maturity from Brett because he is the one taking the guilt. The second quote used demonstrates the influence Sam had over Brett. The fact that Brett feels guilty is significant and demonstrates what he has learnt and how he has been changed because of the institution. Through the use of characterisation Monk was successful on depicting the notion of journey involving a search for identity. Explain (with reference to technique, relevant eg’s and effect) how each thesis statement is explored in your chosen text. (2xWHEELS)

Decision Support Systems

A decision support system (DSS) is a computer program which is developed with a specific purpose of analyzing business data and presenting it to users to enable them make business decisions easily. It is different with other applications because of its ability to analyze business data and it is therefore an informational application.It can therefore be used in analyzing sales figures within a given period, projecting revenue collections within a specific period of time among others.A decision support system has the ability to present information in a graphical manner for ease of understanding and it can also incorporate an expert system or artificial intelligence.A mathematical model is a Mathematical representation of some kind of reality which is used to find more details about it. Mathematical model can be used to find a solution to a decision problem and assist in planning, it can also be used to find a relationship among the input variables and establish the meaning of a particu lar set of data (Silver, 1991). Mathematical model can take the form of dynamic systems, differential equations, statistical models etc.This is a case study of Decision Support System called ACRPLAN which Bayer Cooperation installed to assists it with financial planning and budgeting. Some of the problems that the company was encountering during budgeting planning are slow budgeting process, difficulties in obtaining financial data to use in budgeting.This was a problem because all the company’s data were stored in various computers and obtaining them in all the company’s department was quite difficult. There was also inefficient in communication methods between the different departments of the company.There was no single person who could understand the whole company’s data from all the departments and present it to the budgeting personnel to assist with budgeting purposes. The company was also faced with another problem of generating several budgets hence creat ing redundant data during budget generation. These most of the redundant data occupied the company’s resources and were never used.The management of the company was also faced with another problem of lack of sufficient data for decision making. The budgeting process was tedious and time consuming so the managers had to wait for all the company’s data to be gathered and the budget be drawn.The company was previously using excel worksheets which required manual input of data and this process increased the company’s budgeting costs since it had to hire data entry clerks to enter data to the excel worksheets. The excel worksheet was sophisticated and required a lot of training.The company was growing at a very high rate and this was creating problems to the budgeting team because they could not accommodate all the requirements of the extraordinary growth of the company. The other problem was integrating the company’s business processes and the planning proces s which were increasingly becoming complicated (Gachet, 2004).The volume of data that the company was generating was also high and analyzing this data for financial planning purposes was quite difficult. Most of the company’s personnel were doctors, sales people, and research scientist who had little knowledge of financial planning and budgeting.This created problems because the company’s financial data was quite complex and the company had to hire a financial expert to analyze the data and generate the company’s budget.

Word Choice Bazaar vs. Bizarre

Word Choice Bazaar vs. Bizarre Word Choice: Bazaar vs. Bizarre Did 1990s New Zealand band OMC achieve their only hit with a song about a marketplace? And why would anyone reference OMC in a proofreading blog in 2019? Well, that second question will remain a mystery, but the first one comes down to the difference between â€Å"bazaar† and â€Å"bizarre.† Check out our guide below to find out how to use these words correctly. Bazaar (A Marketplace) â€Å"Bazaar† is a noun meaning â€Å"marketplace.† For instance, we could say: The lead singer of OMC walked through the bazaar, enjoying the aromas. The word came to English via Turkish and Italian, but it has roots in Persian. As such, it is most commonly used when referring to a marketplace in the Middle East, North Africa, or South Asia. How bazaar? Very bazaar. A secondary use, especially in English speaking countries, is to refer to an event where people sell things to raise money. For instance, a school or charity might hold a â€Å"Christmas bazaar† to raise funds in winter. Bizarre (Strange or Unusual) The word â€Å"bizarre† is an adjective meaning â€Å"very strange.† For example: Referencing the band OMC in 2019 is a bizarre choice to make. Here, for instance, â€Å"bizarre† modifies the noun â€Å"choice.† And by using the word â€Å"bizarre,† we’re saying the choice seems strange or unusual. In this case, it may be because nobody has listened to OMC in over twenty years, making it an unhelpful pop culture reference for anyone under thirty. Summary: Bazaar or Bizarre? These words might sound similar, but they have very different uses: A bazaar is a â€Å"marketplace,† especially in the Middle East, North Africa, or South Asia. It can also be an event where people sell things to raise money. The word bizarre is an adjective meaning â€Å"very strange or unusual.† The fact these terms play different grammatical roles makes it easier to tell them apart. For instance, since â€Å"bazaar† is always a noun, it will always refer to a thing (i.e., a marketplace). And since â€Å"bizarre† is always an adjective, it will always be used to modify a noun. But if you’d like some extra help with your writing, why not submit a document for proofreading?

An Exercise in Ambiguity

An Exercise in Ambiguity An Exercise in Ambiguity An Exercise in Ambiguity By Maeve Maddox I noticed this headline in the list of breaking news on the Yahoo landing page: Â  Sotomayor wins over GOP backers after smooth hearings At first I read the verb wins as the main verb and over GOP backers as a prepositional phrase. Read that way, the meaning of the headline was that Sotomayor had defeated GOP backers in some kind of competition. But I knew that couldnt be right. For one thing, Sotomayor wasnt competing against anyone in the hearings. For another, one doesnt compete against ones backers. So then I decided that what I had in front of me was the phrasal verb win over, meaning persuade, gain ones support. That made a little more sense, but as far I could recall, Sotomayor went into the hearings without any GOP backers. I clicked on the confusing headline to read the story. I found my answer in the lead: WASHINGTON – Supreme Court nominee Sonia Sotomayor won her first public pledges of support from Senate Republicans and one prominent GOP opponent, after a smooth performance at her confirmation hearings that has placed her firmly on track to become the high courts first Latina and the first Democratic-named justice in 15 years. Finally, I understood what the headline meant. Sotomayor had acquired some backers from among the Republican senators. The biggest obstacle to understanding for me was the word backers used with the phrasal verb wins over. I could see how she might win backers or win over some Republicans, but not how she could win over backers. If someone is a backer he doesnt need to be won over by the person hes already backing. Not every reader would have boggled at this particular headline as I did. Nevertheless, writers need to be aware of the possibilities for ambiguity that exist with the use of phrasal verbs. Sometimes it is better to replace a phrasal verb with a less ambiguous single verb, especially in writing intended for an audience that includes non-native English speakers. For example, we can put out the cat and put out a light; take out a girl and take out an enemy. Alternatives exist for most phrasal verbs. For example: put the cat outside extinguish a light take a girl on a date kill an enemy You may not always be able to hit on a suitable alternative, but its something to consider when revising a manuscript for clarity. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Grammar category, check our popular posts, or choose a related post below:What is the Difference Between "These" and "Those"?When to Form a Plural with an Apostrophe5 Keys to Better Sentence Flow

Gu Kaizhi Research Paper Example | Topics and Well Written Essays - 1000 words - 1

Gu Kaizhi - Research Paper Example essay will seek to analyze the life and artwork of Gu Kaizhi so as to present to the reader a more complete biographical and technical understanding of the man and his artwork as well as to impress upon the reader the total contributions and levels of expertise that this artist exhibited. Born in 344 AD, Gu Kaizhi’s brief 62 years of life saw the development and growth of one of the most talented and prolific Chinese artists that had lived up until that point in time. Gu was born into a rather noble family and was subsequently schooled in a variety of art forms to include military training, literature, poetry, calligraphy, and music. Such a privileged life helped him to experience an exceptionally well rounded education that many other artists did not have the pleasure of. Although skilled in many artforms and able to express himself within the art of poetry at a very young age, Gu turned to the medium of artwork in the form of paintings by the age of 20 (364 AD). It was at this point that Gu began a long and storied career that would see him be named the father of Chinese artwork. Though such a title is of course a bit of stretch as talented artists existed long before him, the fact of the matter is that he had a profound and lasting effect on the way that ar twork was defined and practiced within China. Additionally, his incorporation of traditional Chinese virtues, stories, characters, and motifs helped to endear him to subsequent generations of artists that began to see his work not only as indicative of high art but exemplification of traditional Chinese art as a function of culture. Due to the historical record at that time, it is nearly impossible to verify some of the stories that exist regarding Gu as he began to embark upon his career as an artist. However, regardless of the voracity of some of these anecdotes, they have nonetheless continued to exist and provide the reader with useful insights into both the merits of Gu’s artwork as well as