Case Essay Example | Topics and Well Written Essays - 750 words - 6

Case - Essay Example Any decision in the company affects the decision taken by EPA later, Jonica and other executives, besides the company itself, are stakeholders. A dip in the profitability of the company will affect the perception other stakeholders regarding the management’s ability to make decisions that may lead to profitability, or which may prefer pollution of the lake. Any decision they make will affect the management of the company. There are different moral considerations in the above issue; the first ethical consideration involves an ethical dilemma. Though Jonica and the administration have an obligation to ensure the profitability of the company, it would be ethical to make a decision for the good of the environment, despite the cost to the company. Ethically, it would be preferable for the company to suffer a loss that year, but be recognized for its strong ethical CSR. On the overhand, although EPA has not made a declaration of the steps necessary to reduce the emissions, Jonica and the management have an ethical duty to act for the good of the environment based on the scientific conclusions given. Acting to reduce these emissions based on the scientific study provided even before EPA steps in to intervene will increase the ethical standing of the company among its stakeholder. Therefore, acting on the contrary to attain profitability would be a moral lapse on the part of the management. Foregoing, profit s and implementing the technology to reduce emissions would be a tough tradeoff, which will result in a right-right situation, unlike ignoring the scientific findings, which is a moral lapse. The company would stand to gain from such strong moral values as it would gain favor from customers in the market In resolving the situation, Janica and the management did not have an option, as the technology would be forced through, when EPA backed by the public get the scientific findings. To be the on the safe side, Janica and the

International Arbitration Dissertation Example | Topics and Well Written Essays - 2000 words

International Arbitration - Dissertation Example The Second Chapter deals with the research methodology adopted in this work. A doctrinal approach was followed in this research work. The Third chapter provides a Literature Review. In this chapter, many case studies were included to examine the effectiveness of investment arbitration. Moreover, scholarly reports and extant literature on the topic were scrutinised. The Fourth Chapter deals with a discussion of the findings and the fifth chapter deals with conclusions. Ambiguity in the interpretation of the treaty provisions, lack of expertise in ministries in case of developing countries, bias on the part of the arbitrator are some of the reasons identified for the lack of success of investment arbitration. Shortcomings with International Investment Arbitration Chapter 1 – Introduction Investment treaty arbitration is significantly different from other types of arbitration. In investment arbitration, the arbitrator is empowered to make decisions that are final. This type of ar bitration brings to the fore a number of issues relating to impartiality and independence. In the other types of arbitration, the final decision is taken by the court.1 As is well known, the courts enjoy independence from private and state power. Such independence is promoted by providing judges with a secure tenure, precluding outside remuneration and the adoption of an objective procedure of assigning cases. These factors are conspicuous by their absence in investment arbitration. As a consequence, it is not uncommon for these arbitral awards to be influenced by inappropriate factors. 2 These safeguards do not find a place in investment treaty arbitration. A class of inappropriate influences is that related to the career and financial interests of arbitrators. These arbitrators do not have secure tenure and engage in remunerative activities that are external to their role as adjudicators. 3 The independence and impartiality of the investment arbitral process is crucially dependent on the existence of openness. In the absence of transparency, it become difficult if not impossible to confirm the integrity and fairness of the decision making process. 4 Arbitrations related to investment treaties emerge from bilateral and multilateral treaties formed between countries to promote foreign investment. In general, such treaties incorporate provisions for settling disputes between a private foreign investor and the host nation by arbitration, under public international law. 5 Contemporary international arbitration is widely believed to have commenced with the Jay Treaty of 1974. This treaty was entered into by the US and Great Britain. Private international arbitration had not developed during that epoch and there was a predominance of international arbitral commissions.6 Subsequently there was an increase in instances of private international commercial arbitration. However, this system of arbitration has not yet developed to any significant extent. Wider acceptance of this method of dispute resolution could render it more transparent. Such arbitration views confidentiality as a significant feature of the dispute resolution. Accordingly, if the parties are in favour of keeping their dispute resolution confidential, then they have to incorporate relevant clauses in their arbitration contract. 7 Another method of ensuring confidentiality is to make a reference in