ShantanuT01/DACTYL-Pretraining huggingface dataset:
Importance of Severability in Arbitration Severability is a term found in contract agreements that permits individuals or parties to leave out a component in an agreement that is perceived inappropriate or impossible to enforce. Severability is important since it will facilitate the other components to remain valid and hence to be enforced effectively. It is contained in arbitration law and it is a significant clause that defines the validity of any given contract. It is also referred to as a saving phrase or clause in some literature. In this case, a contract will remain valid even after a portion of the contract is denounced later as invalid. This is a very important principle since it shows the motives of both parties when unenforceable clauses have been imposed on the contract. Provision of the said clause will be subjected to modifications in order to reflect the motives of the parties involved. As a result, the remaining clauses will proceed normally without any hindrances. It is important to note that the severability clause is very crucial in any arbitration procedure around the world. This is given the fact that the parties involved in the arbitration may encounter hurdles in the future that may compromise the fulfilment of some of the clauses in the arbitration agreement. The severability clause safeguards against such unforeseeable events. If the severability clause was absent, it is noted that the entire contract may be regarded as invalid in the future if an incompetent clause is discovered. This is why the saving clause is important. Severability subjects the incompetent clause into scrutiny while the rest clauses are enforced as agreed between the two parties. This is an important clause since it allows the parties to insert a specific clause as far as consensus is concerned. This may happen when one of the parties is in need of an airtight arbitration concession. It may only target a particular paragraph of the contract and not the whole contract constituting the arbitration consensus. If an entire agreement is said to be invalid or unenforceable together with the severability clause, none of the parties will abide by the terms and conditions of the contract. The clause is used to prevent this by safeguarding the integrity of the remaining contract. Therefore, a severability clause is a significant principle in any given contract. Selection of a Seat in Arbitration Legal systems involved in the arbitration procedure must be familiar with the clause “seat of the arbitration”. In this case, the jurisdiction of the system is legally bound into the arbitration. The seat will clarify which state will carry out the procedure. For example, the seat of arbitration may not be in the same state or country but the parties in dispute may decide depending on the arbitration where the seat will be. The decisions may be reached with reference to provisions of the contract or with the parties’ subsequent agreement. Only a single seat of arbitration exists. As a result of this, interference that may emerge due to lack of arbitration law will be avoided. As such, the seat is established to effectively carry out th
Independent middle- and small-scale local apparel brands seem to gain increasing recognition as the dangers of fast fashion become more and more publicly known. East Coast Lifestyle (ECL) belongs to this category, offering a high-quality and unique variety of clothes that attracts East Coast Canadians scattered across the country. Featuring nautical symbols, the brand’s hoodies and t-shirts strengthen potential customers’ need to emphasize belonging to their place of origin. Thus, the brand’s primary advantage appears to consist of the appeal to local pride, building, and differentiating the inhabitants of the Maritime provinces’ identity. The Case’s Context Despite a somewhat limited presence on the market, ECL reached the point where previous marketing strategies no longer satisfy its need for expansion. Alex MacLean, the company’s founder, is faced with a difficult choice between several options for its future development and the need to revaluate its existing approaches. The principal decision consists of whether to try to invade the United State’s lifestyle apparel market, consider other countries, or expand internally, encompassing Canada’s western provinces and developing West Coast Lifestyle (WCL). Since previously the company’s plan was too unfocused, the necessity to revolve around one principal direction became pressing. The Advantages and Disadvantages of Limited Edition Strategy A limited-edition is a widely practiced approach for an array of apparel brands. It seems reasonable to suggest that such products enhance a company’s ability to be noticed among other brands, building its individuality. Additionally, this approach can assist in increasing revenue, as limited edition products are commonly sold at a higher price. In this aspect, ECL went even further as a sizable part of its products was exclusive. The sense of exclusivity is augmented by the fact that according to the company’s strategy, once such a product line is sold out, it is never recreated. This approach also creates a sense of urgency, which helps customers succumb to their desire to buy an item and potentially shortens the time to reevaluate the decision. Ultimately, these advantageous effects can result in additional revenue and brand recognition. On the other hand, a continuous limited release strategy can exhaust customers, and the urge to buy such products can gradually cease. The strategy also results in a lost perception of uniqueness if the majority or a large number of products are branded as limited. In order to be efficient, limited edition strategy should harmonize scarcity and demand. It appears that ECL manages to achieve this balance, as the method works efficiently for it for seven years. Companies of different levels practice limited edition strategy, and the brand’s expansion would not interfere with its effect
Introduction Hurricane Katrina is one of the deadliest disasters in the history of the United States. Over 1,800 people were killed, and millions of people became homeless in several days (Rogers, 2015). Alperen (2011) stresses that all the agencies involved were ineffective while the Federal Emergency Management Agency (FEMA) was specifically inefficient. It is necessary to note that this natural disaster revealed law enforcement agencies’ unpreparedness to respond to a catastrophe of such a scale. In particular, communication (internal and among agencies) was inefficient, which led to such a large death toll and financial losses. The hurricane provided a lot of lessons to be learned regarding the response to such natural disasters. Communication Issues First, it is necessary to stress that the communication channels have been severely damaged or rather destroyed. Almost 80% of telephone lines were destroyed, which made it impossible for people to inform first responders about their locations or their need for help (Alperen, 2011). Moreover, other channels were also almost destroyed as radios, cell phones, the Internet, as well as backup systems failed (Sasso, 2015). Although they relied on satellites, they were powered by electric lines (which were wiped out) or batteries that could not function for a prolonged period. Sasso (2015) mentions that people had to rely on really basic tools such as writing notes and putting them into bottles that were dropped from helicopters. It is possible to state that one of the major reasons for the ineffectiveness of the response was officials’ inability to foresee the loss of major communication channels. As far as the response of FEMA is concerned, the major issues were associated with its inability to communicate with other stakeholders including the state’s government and local law enforcement agencies. The internal communication was quite effective, but FEMA did not have adequate data from state authorities, which had adverse effects on its response measures. Alperen (2011) states that military forces were even less effective as there was limited knowledge sharing. The agencies did not have proper platforms to share information, which led to a lack of coordination. Hospitals’ response was also quite ineffective as many healthcare facilities could not inform about their needs (they could not evacuate their patients). The overall evaluation of different agencies’ responses shows that the chaotic actions were due to almost non-existent external communication. Consequences of the Communication Challenges It is rather difficult to estimate the particular impact of each inefficient activity or inappropriate response. It is possible to note that the large death toll and millions of dollars lost were a result of agencies’ complete unpreparedness and the lack of proper plans to act under such difficult circumstances. State officials received the warn
Working in the contemporary world The concept of working around the world entails travelling between different time zones, as well as understanding the cultural elements of the host countries (Moran & Harris, 2011). Issues relating to cultural differences have a huge impact on the manner in which contemporary organizations approach the concept of human resource management. The main reason for this is the increasing levels of diversity within the workforce. Some of the challenges that human resource personnel face with regard to having a culturally diverse workforce include different ways of looking at things, dressing, ways of expression, greetings, and general etiquette (Center for Creative Leadership, 2011). For example, the way women are allowed to dress for work applies differently across various cultures. Therefore, it is important to understand the way people from a certain country or region interpret the various aspects of society that define their work culture. Research has established that cultural competency is one of the most desirable qualities in the contemporary workplace. This has continually led employers to hire individuals that can work effectively in a highly diverse environment (Johnston & Marshall, 2013). Work cultures in different countries In the contemporary world, it is very important for employees to understand the way cultural differences influence their ability to give perform within the workplace. Numerous studies have been conducted in a bid to establish some of the characteristic elements that define working cultures in countries across Europe, Asia, the United States, Africa, and South America (Elmer, 2009). Although technology has brought the world to a more familiar ground in terms of the interaction levels, cultural differences are still an integral part of the workplace culture. In order to have successful workplace relations, all employees ought to familiarize themselves with the preferences and behavior patterns of their colleagues from different cultural backgrounds (Strutner, 2013). It is important to note that the work culture exhibited by emerging global economies such as China, Russia, India, Brazil, and Indonesia are very different from that of leading economies such as the United States, France, Germany, and the United Kingdom (Center for Creative Leadership, 2011). The main cultural difference between working in the United States and Asia is the balance between harmony and control. People in C
Introduction The effect of macroeconomic variables and policies on the performance of a company can be severe. They can have a significant effect on supply and demand of the company product which could lead to loss of revenue and reduction in performance. Johnson & Johnson is a large company, but its business is often affected by macroeconomic factors. This paper will provide an overview of the macroeconomic variables, policies and how they affect the performance of the company. Overview Johnson & Johnson is an international company that produces consumer and pharmaceutical products, as well as medical devices. The company was founded in 1886 with a focus on the creation of better sanitation products. The company quickly grew, and the work of Robert Wood Johnson, Edward Mead Johnson, and James Wood Johnson became an internationally known brand. Currently, the company employs more than 125,000 workers in sixty countries and its products are used worldwide. The company is focused on the production of three categories of products: medical devices, consumer health products, and pharmaceuticals. Johnson & Johnson medical devices are used for a variety of applications including diabetes care, insulin delivery, general surgery, aesthetic uses and others. Their pharmaceuticals cover oncological products, neuroscience products, anti-infection solutions and immunology products. Perhaps the most famous line of company products belongs to the consumer care sector of the market where Johnson & Johnson provides oral health care, over-the-counter medication, skin and hair care, as well as wound and vision care. These products have generated more than $71.94 billion in 2016. The selected product for this assignment is the Neutrogena Light Therapy Acne Spot Treatment. The product is an affordable skin care medical machine that is designed to heal skin in a home environment. Its annual sales are estimated to be 300,000 units in the United States (Johnson & Johnson, n.d.). Macroeconomic Variables A variety of macroeconomic variables can have an effect on the supply and demand of a product. Some forces that affect business cannot be controlled by controlled by corporations. Macroeconomic variables are reliant on the macroeconomic environment of the country, and their effects cannot be prevented. Some of the most powerful effects are caused by GDP Growth, Inflation and Unemployment. While the sales data on the specific product is not publicly available, information about the sales of Johnson and Johnson skin care products is available in their reports. It will be used to show the effect of the variables on the sales of the product GDP Growth GDP stands for the gross domestic product which is used to represent the total demand for the goods of the nation over a specific time period. While it does not directly affect supply and demand of the local population, it can have an indirect influence on it. For example, often when the GDP of the country increases, it may lead to inflation in the long-term. The cost of goods rises because of the demand increases. A decline in GDP leads to lower demand for goods and services. The most desirable GDP status is whe
Introduction The ‘customer is always right’ is a slogan popularized by the management to encourage staff to take customer complaints seriously. This view assumes that customers are always “rational and functional” in their encounters with employees (Reynolds & Harris, 2003, p. 145). While honest customer feedback is vital in improving business services or products and growth, addressing unrealistic expectations and requests can affect employee morale, leading to high turnover. Therefore, business owners should protect staff from deviant customers to improve employees’ satisfaction and confidence in their work and reduce turnover. Research Question The research question for this study is; does customer deviance influence turnover intentions in the service industry? Background Research Research shows that unruly customers cause psychological and emotional stress to staff through verbal abuse, unreasonable requests, and disrespect for company policies (Harry & Reynolds, 2003). Psychological stress in the workplace lowers staff morale and job satisfaction, which increase turnover. In this view, support from the management can help staff deal with challenging customers. Ben-Zur and Yagil (2005) state that without organizational support, customer deviance can cause “burnout, emotional exhaustion, and low self-esteem” in staff, which affect productivity and retention (p. 91). Thus, customer deviance coupled with a lack of organizational support can increase turnover. Hypothesis The study will test the null hypothesis that there is no difference in turnover intentions between bank employees (front-desk staff) and factory workers. Research Design The study design will involve a descriptive research design. The key study variables will be turnover intention, job satisfaction, customer incivility, and organizational/management support. The study will draw its participants from the front-desk and management staff. Interviews will be used to collect data from the participants. Each will be interviewed in a 15-minute session using semi-structured questions. The key focus will be on customer incivility, management support, and turnover intentions. Data analysis will involve thematic analysis method. Sampling Approach A convenient sample of 25 participants will be sampled from the staff of a bank and a factory. It will consist of 10 front-desk staff (bank), 10 factory workers, and 5 managers/supervisors. A preliminary request for participation will be sent to the institutions to obtain approval and informed consent. Upon approval, the researcher will schedule the interview dates to collect the data. Possible Types of Secondary Data Secondary data for hypothesis testing are obtained from existing sources when primary data are unavailable. Zikmund and B
The human life should be described as absurd in nature because of its fundamental meaninglessness. However, persons can discuss the absurdity of the life differently, depending on the philosophical principles followed in order to interpret and analyze such an important and controversial issue. According to the ideas of Albert Camus which are presented in The Myth of Sisyphus, a person always focuses on the life’s absurdity while facing the contradictions between the desired and observed worlds. The key is in the person’s choice related to how to cope with this issue. On the contrary, Thomas Nagel in his work “The Absurd” states that there are no real arguments to support the idea that the life is absurd, thus, there is no necessity to cope with such an illusory problem. From this point, it is necessary to describe the arguments proposed by two thinkers and analyze the origin of the conflicting ideas in detail. Although Camus and Nagel agree that absurdity plays the great role in the human life, the thinkers’ views are rather contradictory, and Nagel’s argument seems to be more convincing because the author focuses on the subjectivity of the person’s perception of the absurd life while stating that the roots of the absurd are in the individual’s inner world. While focusing on the argument proposed by Camus, it is necessary to note that absurdity related to the human life is in the conflict or contradiction between the persons’ desires and vision and the real world. From this perspective, the “divorce between man and his life, the actor and his setting, is properly the feeling of absurdity” (Camus par. 7). Understanding this contradiction, the person refers to the idea that the life is absurd and meaningless because the desired order cannot be achieved in the real world. At this stage, the person understands that the life is not only absurd but also meaningless, and that one of the choices is suicide. However, Camus argues that the person is proposed to choose from a range of other variants to cope with absurdity. The focus on the suicide is also absurd or illogical because it does not provide effective results, thus, the person becomes ruled by the absurd reasoning. That is why, the person who cannot accept absurdity and meaninglessness of the life chooses the variant to escape because “the absurdity of existence must then dictate his conduct” (Camus par. 8). As a result, the person chooses to live in the world where he or she is struggling, free, or passionate. The significance of this argument is in the fact that Camus states that a man is discussed as having the right of choice to adapt to the absurd life. In his turn, Nagel supports the idea that the absurdity of life is a rather questionable point because there are no obvious arguments to support this opinion. The life is absurd, but this absurdity does not support the view that the life is meaningless. Nagel notes that while discussing absurdity, the person should remember that it is only in the inner world. Thus, the absurdity of situations “derives not from a collision between our expectations and the w
FedEx Company has a key strategy, which it uses in the market place in order to maintain its success. This is to leverage and extent one of its greatest assets, the FedEx brand, and to provide the customers with convenient, seamless access to their entire portfolio of integrated business solutions (Berger, 2011). In addition, FedEx Company performs well because of its operational excellence. The company is working hard to incorporate its business divisions so that customers have a main point of contact. This is very important as it helps them access the company’s products at a central place (Lussier, 2009). FeDex has adopted customer intimacy since, companies who attract customers by understanding and responding effectively to individual needs better than their competitors, succeed in the market place. Therefore, the operational excellence is and remains the most important aspect of FedEx’s strategy. The evidence of the company’s customer intimacy and operational excellence is clear since the company declares that their strategy is to provide customers with convenient, seamless access to their entire business solutions (Lussier, 2009). The company’s effort to enhance customer experience, like improving the qualities and abilities of the sales professionals, is another evidence of this strategy. In addition, the company allocates a single agent for every given customer to handle their issues effectively. Moreover FeDex allows allows each segments to operate independently because this strategy allows them to respond to the customer demands well. Extra evidence is seen where the company states that it is a leader of reliable global delivery and freight services. Evidence of product leadership is evident where the company states that it believes that seamless information integration is important in obtaining a single point of contact for their customers (Birla, 2005). The four business segments of FedEx include; FedEx Express, FedEx Ground, FedEx Freight, and FedEx Kinko’s. The FedEx Express is categorized as the world’s largest express transportation company that offers timely delivery. This segment serves more than 90% of the world’s gross domestic product market (Berger, 2011). FedEx Ground mainly provides small package ground delivery while FedEx Freight is a re-known provider of freight services in the United States. Lastly, is FedEx Kinko, which offers document solutions, finishing, and presentation services (Berger, 2011). The traceable and observable fixed costs for any company first of all exists simply because the firm exists (Lussier, 2009). For FedEx Express segment, the traceable costs are the costs incurred in operating its main sorting facility, which is located at Memphis, in Tennessee. The costs include the high expenses incurred in maintaining the aircrafts, cost of training flight workers, fuel for the aircrafts, and the other administrative costs like rents and salaries for the administrators. Moreover, another example would include the cost of running the regional h