Thursday, December 26, 2019

Is Martin Luther King s Wish Come True - 1328 Words

Dreaming of Equality - Has Martin Luther King’s Wish Come True? With the late 1900’s civil rights movement came many famous protesters and speakers, such as Rosa Parks and Malcolm X. Perhaps the most famous civil rights worker was Martin Luther King Jr., who delivered his famous â€Å"I have a dream† speech in 1963. In his speech, Martin Luther King Jr. mentions a personal dream of his in which â€Å"little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers† (King 1). Eventually, the civil rights movement did result in improved equality for all people, but King’s vision of the world was never truly forgotten. Over fifty years later, there is much debate over whether or not King’s†¦show more content†¦In a study done by The Equal Rights Center in 2003, many tests were conducted in the D.C. area to identify the reactions of taxicab drivers to white customers versus black customers. In the approximately 300 tests conducted, the report disturbingly states that â€Å"African Americans were almost seven times more likely to be passed up by taxicab drivers than whites (African-American prospective passengers were passed by 20% of the time versus 3% for white prospective passengers)† (The Equal Rights Center 7). The report also notes that the taxicab drivers took longer to decide to provide services to a black than to a white. Clearly, from this experiment it is evident that there is not complete equality between races for even everyday matters like hailing taxicabs. This type of racism is quite subtle in nature, as shown by the report and the experiment behind it, and although it is against the law to refuse to provide service to someone based on their race, gender, or any other condition, it is still occurring. This shows racism among the people, but there is another type of racism which is occurring indirectly as a result of the life choice of various races. In addition, King’s dream has not been achieved because of the indirect racial separation in locations like neighborhoods and schools. Another major blemish on the prospect of King’s realized dream stems from indirect racism, as well as unintentional segregation. As a result of usually living apart from one another,

Wednesday, December 18, 2019

Military Suicides - 1010 Words

3 March 2015 Informative Speech Outline Title: Informative Speech Main Idea: Suicides and the Military Thesis Statement: At the end of my informative speech, my audience will know more about the Military Suicide Issue and how the number of military or veterans deaths by suicide has been increasing at an alarming rate, the common misconceptions about the possible reasons why current and former military members are taking their own lives and finally what is being done to try and resolve this issue. I. Introduction a. Attention-getter: Across the US there’s thousands upon thousands of members of an exclusive club that nobody wanted to join. I know it was a group I never wanted to join. We are known as Suicide Survivors, we are†¦show more content†¦Medicating the Military: Estimated that one in six soldiers, or roughly 17% of the active duty force is on psychiatric prescription medication. 20% military Suicides on antipsychotic medications. viii. Side Effects: Abnormal thoughts, increased depression, thoughts of suicide, and suicidal behavior. 7. One Soldier by the name of Kern accounts his experience with Paxil while on deployment in the Air Force Times: b. â€Å"I had three weapons: a pistol, my rifle and a machine gun, I started to think, ‘I could just do this and then it’s over.’ That’s where my brain was: ‘I can just put this gun right here and pull the trigger and I’m done. All my problems will be gone† (Tilghman). ix. How many men and women of our armed forces have experienced moments like this as a result of their medication? Out of those who have how many did not have the strength of mind not to follow through on these thoughts? III. Conclusion: f. Summarize: Although all the contributing factors behind military suicides are still not clear, stories like these make it very clear there are issues that need to be addressed. The military troops need to feel comfortable seeking help. When military members seek therapy or help, it needs to be more readily available to them. More studies need to be do ne to assess if there is a direct correlation between the rise in prescriptions and the surge in suicides. Soldiers on prescription anti-psychotics need toShow MoreRelatedMilitary Suicides Essay2679 Words   |  11 Pages Among American civilians, whites have historically and significantly led the way in the rates of suicides. Although leveling off after the 1990’s, the rate of white suicides has still been almost twice as much as minority groups. It has also been shown that males commit suicide significantly more than females. Figure 1 Figure 2 As the rate of suicides increases in our nation, it has risen consistently with white males leading the way, as shown in figures 1 and 2. There are many theoriesRead MoreEssay on Suicide in the Military2234 Words   |  9 Pagesï » ¿ Suicide in the Military Candace L. Clark Park University October 7, 2009 Stressed by war and long overseas tours, U.S. soldiers killed themselves last year at the highest rate on record, the toll rising for a fourth straight year and even surpassing the suicide rate among comparable civilians. Army leaders said they were doing everything they could think of to curb the deaths and appealed for more mental health professionals to join and help out. Clearly, the military is going aboveRead MoreA Lecture On The Military Suicide980 Words   |  4 PagesI am very shocked when I listen to the lecture about the military suicide. This lecture focuses on the horrible situation about the military suicide. A big part of the soldiers does not die in the war, but in the peaceful military. People in the USA do not care about the military suicide until the late 1970s to early 1980s. I find two social problems in this lecture. First is the military does not pay much attention to the mental health of the soldiers. Second is the government does not have manyRead MoreMilit ary Leaders and Suicide Deaths Essay1910 Words   |  8 Pageshave been studies on why people commit suicide, but no one has come up with a definite explanation. How these victims of suicide gather the courage to take their own life, and the impact on families left behind is a complex idea that may never be understood. There are many factors that can be a catalyst to committing suicide. Throughout our research we have discovered some of the most common variables within one’s life before they take their life: military veterans, bullying within their social andRead MoreThe Real Insurgency: Suicide Rates in the Military Ranks Essay1201 Words   |  5 PagesSuicide in the United States is the 11th leading cause of death, with over 32,000 killing themselves per year. While some causes or explanations for suicide will never be known, depression or other diagnosable mental or substance abuse disorders top the list of more than 90 percent of why lives are torn from us. Over the l ast couple years around the military there has been much debate on whether this rate has been drastically affected by the increased military footprint from fighting two wars.Read MoreMost Common Means Of Suicide Among Military Veterans1469 Words   |  6 PagesActive Duty Service Members. Traditionally, the U.S. military has faced lower suicide rates compared to their civilian counterparts. However, the suicide rate among active duty military personnel has increased in the last decade, almost doubling in the Army and Marine Corps. Unlike the low active duty suicide rates of Vietnam, OEF/OIF active duty suicide rates are at near record highs (McCarl, 2013). Once again, it is believed that multiple deployments to Iraq and Afghanistan is one of the culpritsRead MoreA Few Good Men Analysis1331 Words   |  6 Pagesexperiment, and discusses the power of situational factors in altering the subject’s expected behavior (Zimbardo 116-117). Similarly, in â€Å"The My Lai Massacr e,† Herbert C. Kelman and V. Lee Hamilton summarize this atrocious crime committed by the U.S. military; furthermore, they explain the role of authorization, routinization, and dehumanization in sanctioned massacres (139-142). The authors claim these factors weaken the â€Å"usual moral inhibitions against violence† (Kelman and Hamilton 139). Crispin Sartwell’sRead MoreSymptoms And Treatment Of Ptsd914 Words   |  4 PagesPTSD PTSD is a psychological disorder that develops in people who have seen, lived, or imagined a shocking, scary, or dangerous event. PTSD is most prevalent in military soldiers who have been involved with war and have saw death or been in fear for their life. It can also take place in people who have been in a bad car accident or other situation where they â€Å"saw their life flash before their eyes.† Some cases of PTSD actually never occur to an individual but reoccurring dreams have caused the individualRead MoreEssay on Never Leave a Soldier Behind1059 Words   |  5 PagesUnited States government and the services are not doing enough to protect the soldiers from suicide, while others claim the government has it as their top priority. After the sacrifices these heroes have given, it is their right to the best services and help, to get them back to the life they deserve to live, regardless of the cost. Is it true that the Armed forces are failing to prevent suicides? The suicide rate increased by about fifty percent from 10.3 per 100,000 people in 2001 to 15.8 percentRead MoreThe Effects Of Post Traumatic Stress Disorder1600 Words   |  7 Pagesâ€Å"shell-shock† in the military, until an improved and more inclusive definition of the disease was discovered. Wartime environments contain a multitude of factors which are all potential causes of PTSD such as duress accredited to resounding explosions, pressure to survive, being far from home, and moral injury. Even though PTSD manifests itself so frequently in soldiers, there is little care provided for treatment of PTSD. This is a dangerous issue considering the close link between PTSD, suicide, and depression

Tuesday, December 10, 2019

Accounting Theory Expenses - Liabilities and Assets

Question: Discuss about theAccounting Theoryfor Expenses, Liabilities and Assets. Answer: Introduction A conceptual framework is defined as an evaluation tool comprising of various contexts and variations, leading towards the creation of a uniform set of standards and rules. In relation to financial accounting, these standards and rules set the functions, scope, and nature of financial reporting. All items accommodated in the financial statements of income, expenses, liabilities, and assets are recognized on the basis of the conceptual framework and it assists in assessing current accounting standards or developing new accounting standards as a whole (Graham Smart, 2012). Furthermore, as per the FASB (Financial Accounting Standards Board) of USA, an effective conceptual framework for financial reporting is always required in a principle-based standard. Moreover, several accountants have argued upon the requirement of an efficient conceptual framework but studies have shown that in the absence of a conceptual framework, development of accounting standards cannot be done, thereby leadi ng towards unwanted and ineffective outcomes. Since accounting standards could be efficiently developed in the prevalence of a conceptual framework, it is clear of the fact that existing standards would become either ineffective or complex when the conceptual framework is missing. Moreover, in the corporate world, there are infinite transactions that are subject to the complexity and if a conceptual framework is effectively present, these transactions can be easily managed (Parrino et. al, 2012). Furthermore, it is very important to note that users of financial accounting would become more accountable to the standard because conceptual framework assists in informing the users about the various principles that are set out in the standard (Melville, 2013). On a whole, designers can frame relevant principles with the assistance of a conceptual framework that will in turn help in designing the procedure in a prudent way, thereby justifying its strong requirement. In relation to financial accounting, it is notable that since the principles in IASB and FASB are well established in order to facilitate the proper functioning of relevant accounting standards, a conceptual framework that can serve both the purposes of IASB and FASB is very significant. In simple words, if a conceptual framework can satisfy the purposes of either IASB or FASB, such a framework will not function effectively, thereby leading towards inappropriate outcomes. For instance, evaluation of liabilities and assets of a company and thereafter, appropriate disclosure and exhibition of the same in financial statements. Hence, it is clear that a balanced functioning of both IASB and FASB is required in order to make the conceptual framework more beneficial and effective in terms of information and understandability. Another reason as to why a common principle is very beneficial is that a better scope can be established in the long-run process. Furthermore, the conceptual framewor k of IASB can easily clench the future course of IFSB. For instance, it is the prime responsibility of the AASB to take into account the IFRS in order to incorporate the same into the ASA (Accounting Standards of Australia). Therefore, the future course of action of the ASA can then be easily influenced by the IASB. Hence, in order to acquire the most effective outcomes, a framework that serves the purposes of both IASB and FASB must be established. Moreover, it is the key duty of a conceptual framework to address the issues properly instead of creating doubts and complexities, because utilization of a framework that does not cater to the requirements of both IASB and FASB will create various confusions (IASB, 2013). The advantages of a conceptual framework comprise of developments of several concepts in a specific order that can make the financial reporting more effective, logical, enhancement of overall communication, enhancement of the compatibility of standards both nationally and globally with the assistance of developed consistency. Furthermore, the users of financial accounting can acquire several benefits from such interconnection betwixt financial accounting and report (Seilber, 2015). This makes it clear that a conceptual framework enhances and improves the accounting standards, thereby making it more economical and easy for the users. Furthermore, the principles in IASB and FASB are well established and can be very beneficial in application to situations where significant accounting standards are absent. These principles can be also be applied to policies where there is the prevalence of conflicts of interests but the policies that are backed by an efficient conceptual framework will not have any disadvantages. In simple words, in the absence of a conceptual framework, ambiguous guidelines and rules could facilitate in creating external pressures but a well-defined conceptual framework can make the users more accountable to financial accounting as they can acquire the advantages of flexibility, thereby making the procedure of reporting easier (Tysiac, 2015). Therefore, to conclude, a conceptual framework efficiently contributes towards building public confidence by employing well-established principles for the users. It helps in creating a better impact and leads to a strong presentation. The problems or complexities that are prevalent in the financial reporting process are termed as cross-cutting issues. Since there are a massive amount of transactions, there might be various kinds of complexities when the financial statements of a company are dealt with. In order to understand and assess different methods of addressing these issues, the Board has suggested that the domination of impact and changes in measurement in the financial statements is highly needed (Williams, 2012). Determination of future expenses must also be done in the period of selection of an accounting method for financial reporting. Besides, the basis of measurement is inclined towards depicting another substitute. In other words, during the selection of a basis of measurement, these cross-cutting issues tend to arise in the accounting process (Northington, 2011). For instance, during the period of analysis of the assets and liabilities of a company, it becomes problematic to ascertain which basis mu st be opted for, that is whether a single basis or a combined basis. Therefore, it must be noted that proper planning must be done if there is a prevalence of more than one basis of measurement in the accounting process. Moreover, when the basis of measurement is selected, such depiction of alterations must also be done in the income statement of the company in order to facilitate comparability. People of the accounting world are already aware of the fact that historic cost is considered as a GAAP (Generally Accepted Accounting Principle) and it requires that every financial statement of a company must be based on original cost. In other words, historical cost is the cost or expense of an item incurred by the company and it is completely distinct from the fair value of the market. Furthermore, in relation to asset acquisition, this historical cost notion suffers from various drawbacks leading towards criticisms because this concept fails to consider the current market value of the asset. In other words, the concept of historical cost only gives due significance to the allocation of costs while it neglects to offer any importance to the value of assets. Another reason why this concept suffers from various criticisms is that offers explanation to the users only about the depreciation and asset acquisition cost in the subsequent years, thereby failing to consider the assets cur rent market value that can vary from the offered commendation. Even in relation to the inflation period, this concept is highly criticized by many because it is based on an assumption that the currencies are appropriately balanced, thereby implying that the purchasing power of people is inoperative over the time. However, it is notable that in the period of inflation, the prices of assets are highly influenced because any asset purchased for a particular period will eventually become more expensive in the upcoming period. On a whole, it is clearly observable that the historical cost concept only gives due significance to the assets original cost and thereafter utilizes the same throughout the remaining tenure of the asset. Hence, it can be said that the assets portrayed on the companys financial statements fail to offer a true and fair view of the companys financial position because these assets consist of an unfeasible value of fixed assets. This image of accounts primarily gives due consideration to the evolution of financial statements of a company. Financial statements like the income statement of a company must be based upon the system of valuation as it assists in depicting the economic reality that cannot be depicted by the system of historical cost. They key ideology to this notion is that the financial statements of a company must be capable of revealing its entire funds and therefore, each and every liability and economic assets must be taken into due consideration. The second explanation is that the companys financial statements portray its present value information and therefore, it is vital that economic reality must be clearly depicted. Furthermore, in relation to the present scenario, this image also assists in developing the system of accounting research, which signifies that depiction of economic reality is a vital requirement considering the fact that accounting information accommodated in the financial statements of a company is reliant upon matters that are observable in this economy. Therefore, this can be regarded as a very significant measurement principle in accounting as it assists in offering extraordinary information to all the users of financial accounting. Moreover, any kinds of information that cannot be intimated in monetary denominations are simply not taken into consideration. Measurement of economic reality is a very vital issue in the given period. Since a long time, companies have been utilizing several methods like Generally Accepted Accounting Principle (GAAP) and Earnings per Share (EPS) in order to measure performance. However, in relation to the present situation, the method of EPS is only being given due consideration. Besides, the method of measurement by EPS is being considered as the most appropriate method but the actual reality differs from the same. This is because the methods that are adopted for the calculation of EPS plays a key role in exiling the prime costs, thereby altering the performance outcomes of a company. With the gradual progress of time, Economic Value-Added (EVA) is replacing the ideology of EPS being the best performance measurement method because it assists in altering the beliefs of people by altering their beliefs on value. Furthermore, it is notable that this method is of immense benefit to the investors and shareholder s as they can attain a true and fair view of the companys performance (William, 2010). Besides, companies that are adopting EVA for measurement of true performance are more likely to gain than other companies because of the fact that EVA can play a very important role in depicting economic reality in a more efficient manner (Laux, 2014). In addition, this concept is also very significant because unless opportunity costs and cost of capital are being covered, companies are incapable of earning further gains. The reliability concept of accounting implies that any information incorporated in the financial statements of a company must not contain any flaws and must be complete in every aspect, thereby making the information more meaningful, understandable, and reliable to the users. Furthermore, the information must also align with the accounting standards so that the users can take relevant decisions based on such information (Needles Power, 2013). This concept is very vital in accounting because misstatements in financial statements of a company can deteriorate the reliability or dependence, thereby leading towards topsy-turvy outcomes. When one company sues another one, the economic stability is impacted. In the system of accounting, the concept of reliability can be efficiently undertaken with the proper assistance of various accounting principles like the concept of prudence, economic entity, etc. Investors will not have a willful desire to invest in a particular company if the prevalence of the concept of reliability is missing because this concept helps in establishing the truthfulness of any information (Seilber, 2015). Furthermore, in the given scenario, the concept of reliability is being given due consideration because the users of financial accounting highly exert their confidence upon that information that can be relied upon, rather than information that lacks reliability. With time passing by, environmental expenses for the retirement of assets have highly risen because of a consistent increase in the environmental issues. It has been coined in many of the studies because it is vital for the smooth functioning of the company. Therefore, provisions are being made in response to this issue and it has proved to be of major benefit because recognition of such provision can, in turn, assist in framing provisions especially for those retired assets that will possess no utilization in the upcoming period (Landsman et. al, 2014). Furthermore, recognition of such provision can also assist in rebuilding a fresh asset that can prove to be very relevant and beneficial for companies with massive asset base. In addition, companies also become well prepared for situations when their assets have no use in future, thereby assisting in progressing towards development. Moreover, companies capable of ascertaining the fair value of their assets and simultaneously recordin g the provisions are more likely to operate efficiently than another company is because this indicates that environmental liabilities are well reserved. In simple words, the establishment of a provision assists a company to operate in an efficient way, thereby minimizing different pressures exerted on it (Wagenhofer, 2014). On a whole, this provision highly assists in the easy retirement of assets without interfering with the smooth operations of the company. In addition, the fair value of assets can also be easily determined with the assistance of this provision. The US companies to defer the identification of a liability utilize various prospects and in relation to this, various steps are being initiated in order to differentiate betwixt the present and proposed obligations. For this purpose, the probable possibilities of future outflows together with their economic advantages are being taken into consideration. Furthermore, obligations that fail to align within the meaning of liability are not taken into account (Landsman et. al, 2014). However, any type of liability that fails to be identified and is incapable of being crystallized into a specific liability is termed as a contingent liability and therefore being deferred. These contingent liabilities fail to form part of the Balance Sheet and are recognized separately in the notes segment as disclosure items. The notes segment in the Balance Sheet that describes the contingent liabilities assists in explaining that such contingent liabilities are conditional upon the satisfaction of variou s rules and regulations that are portrayed in the environmental regulations segment (IASB, 2011). Moreover, many US companies adopt this procedure so that the recognition of liabilities can be deferred. This makes it clear that under this procedure, observation of contingent liabilities becomes a very vital and appropriate step. For example, after taking into consideration the annual report of Brambles Ltd, it can be noted that the company has clearly recognized its contingent liabilities in the notes section of its Balance Sheet stating about the different rules and regulations that induce it. Liability recognition is a very important notion as it assists in making the financial statements of a company more concise and clear in the eyes of readers, thereby making it very powerful. Hence, it is through the part of the recognition that a paramount importance is gained. Furthermore, this notion also plays an important role in influencing the present and future year net profits of a company because of various assumptions did by the users of financial accounting relating to clenching and forecasting of present years net profit based on the companys liabilities (Guerard, 2013). Moreover, liabilities must only be recognized as and when they occur or when they happen. Furthermore, the reason behind the impact of future years net profits is that the influence of liabilities in the financial statements of a company continues to happen regularly. This is the reason why net profits are impacted by the recognition year and the future year. In addition, the cash flow of present and futu re year also is influenced because of this notion. When the recognition of a liability is at a minimal phase, a higher cash flow will be generated and when the recognition is at a very high phase, the cash flow generated will be very low (Davies Crawford, 2012). The key reason behind this notion is that determination of cash flow can be done only after considering the liability recognition as cash is always desired in order to fulfill the upcoming future obligations. Moreover, while the future years flow of cash is highly dependent on the recognition of a liability, the present years flow of cash can help in satisfying the current liabilities as these already exist on the companys financial statements. Recognition of a liability is very relevant for companies because a liability is an obligation that has occurred in the past and the company must discharge the same by spending its resources that possess economic advantages. Furthermore, it is also notable that these obligations must refer to the present scenario but had taken place in the past. Proper identification and depiction of these liabilities on the financial statements are very important as it proves to be of utmost importance to the users. In order to understand this notion more effectively, two different steps must be taken into consideration (Davies Crawford, 2012). The first test implies that outflow of funds from a company is more likely to occur subsequently and therefore, this proves that liability recognition is rational when the settlement of a company can be completely assured. The second test implies that the expenses of the obligation can determine in a fair manner, thereby proving that the liabilities that are subject to measurement in terms of objectivity can only be identified in the financial statements of a company. Moreover, an obligation that can be regarded as a liability but is incapable of being recognized is termed as a contingent liability. These liabilities are not depicted under liabilities section in the financial statements of a company and instead, are shown in the notes segment of the Balance Sheet (Deegan, 2012). In order to attain a true and fair view of the financial statements of a company, it is very significant to know that disclosure of liabilities is very important especially when it falls in the disclosure zone. References Davies, T. Crawford, I 2012, Financial accounting, Harlow, England: Pearson. Deegan, C. M 2011, In Financial accounting theory, North Ryde, N.S.W: McGraw-Hill Graham, J. Smart, S 2012, Introduction to corporate finance, Australia: South-Western Cengage Learning. Guerard, J 2013, Introduction to financial forecasting in investment analysis, New York, NY: Springer. IASB 2010, The Conceptual Framework for Financial Reporting, viewed 28 January 2017, https://eifrs.ifrs.org. IASB 2011, International Financial Reporting Standard 13. Fair Value Measurement, viewed 28 January 2017, https://eifrs.ifrs.org Landsman, W. R., Maydew, E. L., Thornock, J. R 2014, The information content of annual earnings announcements and mandatory adoption of IFRS, Journal of Accounting and Economics, vol.53, pp. 34-54. Laux, B 2014, Discussion of The role of revenue recognition in performance reporting, Accounting and Business Research,vol.44, no.4, pp. 380-382. Melville, A 2013, International Financial Reporting A Practical Guide, 4th edition, Pearson, Education Limited, UK Needles, B. E Powers, M 2013, Principles of Financial Accounting. Financial Accounting Series, Cengage Learning. Northington, S 2011, Finance, New York, NY: Ferguson's. Parrino, R., Kidwell, D. Bates, T 2012, Fundamentals of corporate finance, Hoboken, NJ: Wiley Seilber J 2015, FASB removes concept of extraordinary, retains guidance on unusual item, viewed 28 January 2017, https://www.pwc.com/us/en/cfodirect/assets/pdf/in-brief/us2015-01-fasb-extraordinary-unusual-items.pdf Tysiac K 2015, No more extraordinary items: FASB simplifies GAAP, viewed 28 January 2017, https://www.journalofaccountancy.com/news/2015/jan/gaap-extraordinary-items-201511630.html Wagenhofer, A 2014, The role of revenue recognition in performance reporting, OxfordUniversity Press William, L 2010, Practical Financial Management, South-Western College. Williams, J 2012, Financial accounting, New York: McGraw-Hill/Irwin.

Tuesday, December 3, 2019

Reproductive Medicine Essays - Fertility Medicine, Semen, Fertility

Reproductive Medicine Reproductive Medicine on the Ethical Frontier ? I love kids and I always wanted to have them. They said they'd tried it in sheep and it worked.? Stacie McBain was recently diagnosed with cancer at the age of 20. Doctors told her that the treatment she would undergo will ultimately leave her infertile. In light of this devastating news was an experimental procedure that had given Stacie the chance to become a mother. Her wish was no longer in the hands of God, but in the technology discovered by a doctor. Such experimental operations have occurred across the globe for over a decade, placing fertility procedures ?in the eye of an ethical storm? (Meyer 94). The question remains are doctors playing God, or just giving infertile patients their wish to become parents? The advances in science and medicine have led to the increase in ethical disputes. For many couples desperate to have children, fertility procedures are a momentous opportunity, which come with a high price. According to the New England Journal of Medicine, ?in 1994, the fertility industry cost the US Health-care system between $60,000 and $110,000 for each successful pregnancy.? Not only are these operations expensive, but also tantalizing and to some immoral. ?We often get ahead of ourselves in technologically?And the ethics; we're still wrestling with those kinds of questions? (Silverman). In-vitro fertilization, artificial insemination, and fertility drugs are all available prospects for the infertile couple, today. The Ethics Committee of the American Fertility Society states ?[ Artificial insemination by donor ] may be the best solution to overcome the infertile couple's inability to have their own?child.? In-vitro fertilization, otherwise known as test-tube babies, is a process in which doctors remove ovaries and prepare them in a petri dish along with the male's sperm to ensure pregnancy. This process begins with the female submitting to a two-week regimen of daily drug injections, tedious blood shots, and a number of ultrasound examinations. Although they are well informed of the price tag, risks, and effects of these procedures, ?reproductive medicine is now a $1 billion-a-year industry that accounts for some 23,000 live births a year in the U.S. alone (Wulf). With these experimental procedures comes the risk of error by surgeons. Donna Fasano of New York was one victim in an infertility treatment mix-up that impregnated her with two embryos; one with her egg and husband's sperm, and one with an African American's DNA. Their fertility specialist notified the Fasono's of the mistake one week into the pregnancy, and Donna continued to carry both embryos to full term, giving birth to twin boys, one white and one black, in December of 1999. Deborah and Robert Rogers were also patients at the same clinic, and believe the black child is their son. The boys are surrounded by legal and ethical disputes; the Rogers demanding that they are the biological parents and the Fasanos insisting that the boys should not be separated. Who are the real parents and who deserve custody of this child? The University of California at Irvine is also in the midst of a legal battle over alleged medical malpractice in its fertility clinic. Doctors are accused of stealing the eggs of women who were undergoing routine surgeries for reproductive problems, and then implanting them into other women, some of who became pregnant. Who are the real parents and who deserve custody of these children? John and Luanne Buzzanca of Orange County, California were an infertile couple. They hired a married woman, Pamela Snell, to carry a child to term for them; a child made from the sperm and egg of anonymous, unrelated donors. One month before Jaycee Buzzanca was born, John filed for divorce complicating the situation further. John claims the divorce relieved him of parental responsibilities (according to California law, fatherhood is defined by biological parentage or marriage to the child's birth mother.) Luanne also had no parental right to the child, for she was neither the biological mother nor her birth mother. The surrogate mother had signed a contract relinquishing her maternal rights after birth. The donors remained anonymous, thus leaving Jaycee with no legal parents. Such legal battles put innocent children in the line of fire when it comes

Wednesday, November 27, 2019

How to Use Social Media When Job Hunting With Expert Kathy Bernard

How to Use Social Media When Job Hunting With Expert Kathy Bernard Since the economy took a plunge in 2009, we’ve all heard horror stories of people spending months and months submitting application after application and not getting any responses. But what about those people who have jobs where they’re overworked and underpaid?â€Å"I think the biggest challenge for job seekers today is the unrealistic expectations of many companies,† says Kathy Bernard, creator of Getajobtips.com. â€Å"They often expect a person to do the work of three people, and they want to pay them terribly at the same time.†Bernard, who hopes to help both the unemployed and miserably employed through her site, says that today many job seekers are having to learn to adjust to working multiple jobs at poverty income. And the situation is especially frustrating because in many cases, large companies are raking in record profits and could pay fairly.â€Å"They can get away with paying horribly because people need a job so badly,† she says.At the same time, Kathy says it’s tough for small businesses that often can’t afford to hire people because of all the expenses and taxes they must pay.Kathy offers great insight on landing a job in today’s market. Here’s what she had to say:  What advantages do today’s job hunters have?Job seekers have many advantages today that earlier generations did not. The biggest advantage they have is LinkedIn, which gives them a way to establish a strong brand, research companies, reach out to recruiters, re-connect with former coworkers, get recommendations, and much more.How important are social media sites- especially LinkedIn- to job hunters?LinkedIn is huge for the job search! According to ERE.net and other sources, 94 percent of recruiters use LinkedIn to find or vet candidates for their open positions. For most job seekers, it is also beneficial to have a basic understanding of all of the major social media sites (particularly LinkedIn, Facebook, Twitte r, and Pinterest) so that you can talk knowledgeably about them in interviews and use the sites (if required) for business purposes.What are some best practices for using social media when you’re searching for a job?Fully complete your LinkedIn profile. Particularly pump up your LinkedIn headline and past and current job titles. Pack each job entry with relevant duties to impress hiring companies looking for people with your background.Also, have an established account on Facebook, Twitter, and Pinterest. It is easy to establish profiles on these sites, and just taking such a simple step gives you an easy answer if recruiters ask about your social media experience.Don’t express controversial views on Facebook and don’t post messages so frequently that you annoy people. Realize that your profiles can be seen by recruiters and that your past postings can hurt you.What are good habits that every job seeker needs to get into in order to land a job faster?Don’ t isolate yourself. Attend job-networking groups, set up networking coffees, participate in skills-building workshops and webinars, pump up your LinkedIn profile, and ask people for help (and prepare them to help you as effectively as possible). If your resume and LinkedIn profile aren’t pulling well for you or if you are continually not getting job offers after interviewing, enlist professional help to transform your application materials and prepare for interviews.

Saturday, November 23, 2019

Pick One By Yourself Example

Pick One By Yourself Example Pick One By Yourself – Book Report/Review Example number 24 March Article Review: As Pollution Worsens in China, Solutions Succumb to Infighting In this short article review I will dwell on the environmental problems in China covered by New York Times reporter, Edward Wong, in his article titled As Pollution Worsens in China, Solutions Succumb to Infighting. This New York Times article is focused on the air pollution issues in China and investigates obstacles that stand on the way of solving the problem of the unbearable level of sulfur and carbon dioxide emissions, which has become one of the most burning issues in contemporary China over the past decade. A couple of photos, which show thick smog that veils downtown Beijing, illustrate the article that offers a reader an utterly painstaking research of the problem. According to the article, the air pollution hit record levels in north China in February, 2013. The point is that the biggest coal-firing plants and state-owned oil refinery factories are located in this very region of t he country. The situation with air pollution in China has worsened drastically over the past years. In fact, the deterioration of the air quality in big cities and huge industrial regions has gone so bad that the highest government officials who used to overlook the problem in the past cannot help but acknowledge the alarming level of the environmental threat. For instance, the sulfur levels of diesel are more 20 times as high as that in the United States of America, which are way far from being the flagship of elaborated environmental policy themselves. According to the statistics published in the article by the Edward Wong, the author of this New York Times expose, vehicle emissions are responsible for 22 per cent of the deadly particulate matter in the air, while around 40 per cent come from the coal-fire factories in the capital of China and its nearby provinces (Wong). Unfortunately, while the Ministry of Environmental protection of China push through higher fuel standards, th e biggest state-owned companies, such as Sinopec and PetroChina, as well as the coal-firing factories do their best to lobby just the opposite measures or simply sabotage the implementation of the stricter emission standards. Unfortunately, in the future the situation with air pollution in China is going to worsen even more as the number of cars is increasing rapidly and the solutions succumb to infighting.Work CitedWong, Edward. "As Pollution Worsens in China, Solutions Succumb to Infighting." New York Times. Web. 21 Mar. 2013.

Thursday, November 21, 2019

Robot Engineering Essay Example | Topics and Well Written Essays - 1750 words

Robot Engineering - Essay Example In the past, they were known to be dreams in the field of science, but nowadays it is easy to find them in organizations and homes. They are used as inspiring tools for students and are commonly used for learning purposes (The HINTS Lab 2013). The main reasons they are used as learning tools is because their components are easily available and applicable in many disciplines due to the characteristics of their design. Also, their use is well known, and they are not strange to humans. However, robots will help us in our lives but it will not replace the human being. As a form of entertainment in the school of engineering, students are given a problem to solve as a form of competition. The winners are rewarded handsomely, and this motivates them in their creativity and innovation. Since there are many solutions to every problem, it is this trouble solving that has improved the living standards from living in caves to exploring the universe. Robot competition has improved the school of e ngineering, science, and technology since it is fun to the student and they enjoy it. It is their innovations in a competition that have attracted other investors to come up with other machines and equipment used in the production. In the current world, most developed countries are using computers in almost all institutions. In schools, e-learning is used where the lecturer teaches by the use of computer network; hence, there is no need for physical appearance. In the case of exams, students use computers and submit their assignments by the use of the Internet. This has simply reduced paperwork, transportation cost and other related costs in the teaching field. In the developing countries, technology has not yet been fully employed in many areas like education, industry, and medicine. This is because the cost of implementation is high, and the majority of the citizens are not conversant with it. In order to come up with robot engineering, learning institutions found that the normal teaching and textbooks are not giving the solutions to the problems. Many textbooks stress on calculation methods and theories and explain little on the physical things that are described by the theories. Issues like the best process for designing a particular machine, how the items are made, and how they perform certain tasks are not solved (The HINTS Lab 2013). Robots are of different kinds according to the task they perform. For example, there are those which look like human beings in their physical form. There are those which are moveable and those which can sense information from their surroundings. Historically, in the industrial sector, the growth of robot gadgets is a merge of two things: watchmaking and innovation in manufacturing apparatus. As early as 400-350 B.C, a Greek man, Tarentum, made a wooden sculpture of a pigeon which was triggered by a steam jet. Many other innovations like the iron man, magic fountain, frying iron eagle among others have been invented.

Wednesday, November 20, 2019

Computer laws in US. Computer Fraud and Abuse Act Research Paper

Computer laws in US. Computer Fraud and Abuse Act - Research Paper Example Just like any other invention, computers have two sides; the positive and the negative side. The positive side is where business flourish, scientists do more invention and government offer better services while on the other hand, it gives criminals an extra tool to commit more crimes and get away with it. Computer crimes have been on rapid increase since the advent of intern. Internet has facilitated the criminal activities as a means of access other people’s computers regardless of geographical location. Crimes such as cyber-stalking, child pornography, fraud and scams, hacking copyright violations, malicious code are some of the computer crimes that are now easily committed because of the internet. Compute crimes are unavoidable to organizations that use IT in delivering their services and products. Computer professional therefore should ensure that there are frameworks put in place to protect and face these challenges through laws. This paper will identify and detail some o f the computer laws put in place by US federal legislation. Computer laws face greater challenge because of the dynamic nature of computer crimes because of the new and evolving technologies. The wire fraud statute was the first law in the US used to prosecute computer criminals. This law prohibited the use of communication wires that are used in the international commerce with an attempt to commit a fraud. This law is still in place and is used to date to prosecute computer criminals.... The challenges with the initial structure of CFAAA was that to successfully prosecute fraud charges, one must provide evidence that the suspect gained unauthorized access into the computer system (CFAA, 1986). Have a clause that touched on the method of entry into the computer system rather than focusing on the computer usage was a loophole for crimes committed by insiders. An employee within the company who has legal access to the computer can also commit a crime using the computer. Since it will not be proved that he/she had illegal access, then such person will not be prosecuted. CFAA was modified for the second time in 1994 so as to deal with the act of malicious code such as viruses, worms and other programs designed with an aim of changing or damaging data on the computer (Title 18 U.S.C section 1030). This amendments enhanced the law because initially it focused on the access to the computer system without looking at how the computer system was used. The law was now able to pr osecute those who executed illegal or malicious programs on computers with indention of causing damage to data or the computer. There are several acts that have been passed to add strength or deal with loopholes in CFAA. The National Information Act (NIIA) was enacted in 1996 to protect computer systems against those who access them using other people’s authorization. Penalties under CFAA Offense Minimum sentence Maximum sentence Getting national security information 10 year 20 years Unauthorized access in government computer 1 year 10 years Knowing access and damage 1 year 10 years Knowing access and reckless damage 5 years 20 years Trafficking in passwords 1 year 10 years Extortion involving threats of damage computer 5 years 10 years Theofel v. Farey-Jones in 2003 is a

Sunday, November 17, 2019

Post Modern Society Essay Example for Free

Post Modern Society Essay Social change is the central focus in most of the founding thinkers of sociologys work. This social change is based on the conceptualization of history as an evolution. According to these sociologists, a modern society arises as a result of the inevitable consequence of the growth of knowledge and understanding especially in the field of science and rationality. However, there are no clear indications on when a society can be viewed as having moved from one stage of modernity to the next. A characteristic of the present society which is astonishing does not lie in its level of industrialization but on its level of integration across various cultures. (Holmes, Hughes Julian 34) Social integration is a phenomenon that has received much popularity in the last decade. The entire human race has achieved a level of cultural cohesion that has not been realized before. The traditional cultural boundaries are slowly dissolving and a new universal culture is emerging. The differences in religion, color, ideology, tradition and perception are slowly merging. The society is adopting a general culture which is characterized by a uniformity in norms, values and beliefs. In all the six continents, there is a growing trend in information technology which perpetuates cultural diffusion. Today, individuals of diverse cultural background can easily interact through such mediums like the internet. Efficiency in the transport system has resulted in more people coming into contact with each other. However, it has been difficult to classify this current trend owing to its multifaceted nature. Such terms like modern, postmodern, global and cosmopolitan have been used frequently to describe this current trend. Even though all these terms may be used to describe some of its characteristics, in most cases, their use is normally interchanged. We may not be very far from the truth should we adopt to refer to the current human population as belonging to the same society and cultural orientation. In its actual definition, society can be termed as an interacting group of people with a common sense of identity and culture, living within a particular geographical region. Giddens 2)With this regard, I will consider the planet earth a geographical region. Sociologist have drawn together a number of elements that characterize a modern society. These elements are dominant in the contemporary world and they include the rise of science, the decline of religion, industrialization, mass communication, bureaucracy, division of labor, urbanization and an increasing comprehension of the various aspects of the human life. However, these characteristics fail to capture the complete picture this time. Bureaucracy was a 17th Century invention. Industrialization even though a characteristic of this society does not really distinguish it from the 18th Century ages and therefore cannot be a distinct factor in classifying this society. We also cannot say that we are experiencing the rise of science. We are actually in the midst of science. In other words, this society cannot be described by these elements that sociologists stated. Thus, we are living at a time of transition mainly characterized by a change of perception towards life. This change of perception is a universal element which has passed through every society consciously or unconsciously. The human society is living at the age of post modernism. (Hall and McGrew 13) In the present society, there is a general belief that no single universally agreed upon principle of belief and organization exists. Even though there is remarkable progress in science, there is a general position that it has failed to give explanation and control to various aspects of the society. Another characteristic of this time which is an element of post modernism is the fragmentation of academic disciplines. There is no single paradigm which explains the human condition in the society. Post modernism itself means different things to different thinkers. Being a relatively current theory of society, various sociologists remark that it is an attempt to falsify sociologys founding fathers work. As a theory of society, its basic premise is that social history has progressed in a way that the founders of sociology did not conceptualize. The founders of sociology held the view that history may end with industrialization while actually it has progressed by it. However, this progress has led to confusion about the nature and the subsequent direction of the society. The founding fathers could not conceptualize the current system which is characterized by the rise of relativity and the decline of absolute truth. With an increase in interactions coupled with the breaking of cultural and social barriers, the present society has lost purpose and direction. Post modernity best describe this time because the society has developed an attitude in which there are no certain truths about the world. This has led to modification and subsequent incorporation of various ideologies across all cultures. With regard to art, there exists a universality in appreciation and expression across all cultures. Different artistic styles are coordinated and incorporated in a single element thereby building a unique cultural system which integrates different elements in various cultural practices into one. For instance, music is a blend of various tunes from different regions, the construction of buildings follow popular designs and more different races work towards the same goals. The society has moved from state characterized by industrialization and urbanization to a state of human integration and purpose. The representation of society through multifaceted and diverse cultures has made the world to be a powerful yet confused in its understanding of life. This is the society that we live in today. The concept of post modernity is a recent one which was introduced in the arts and architecture. Today, it has spread across the various aspects of life and is yet to be accepted as the general name for this period in the history of the human society. The development of the post modern society traces its roots on the historical processes of the great transformation and modernity. Its existence in our world today cannot be denied. The period which was marked by the processes of industrialization and the expansion of capitalism saw the beginning of an era of modernity. (Krieken, Habibis, Smith, Hutchins, Haralambos, Holborn 65). This era continued through the last century and today, we are experiencing a change in the human society. The accumulation of the process of change has resulted into this period which can justifiably be termed post modernism. The society has evolved to the extent that new conceptions and structures are developing that are bound to replace the existing ones. As much as we may refer to it as global, cosmopolitan or multicultural society, one apparent thing is that it has evolved from the society that existed prior to the invention of advanced information technology. This can only be referred to as a post modern society.

Friday, November 15, 2019

The Homeless Problem in America Essay -- Government

The Homeless Problem in America In Charles E. King’s â€Å"Homelessness in America†, he writes about the population of homeless people in America and the fact that children are part of the growing population of the homeless in America. Also, in â€Å"My Anger and Sadness Over Pesticides†, Cesar Chavez writes that pesticides have endangered the lives of farm workers and their families. In addition, in â€Å"The Gulf War is Still Being Fought†, Joelle Foshee writes that even though the gulf war has ended, a new war is still being fought and this new war is known as the â€Å"Gulf War Syndrome†. These are all injustices in America today. However, homelessness in America is the injustice I have chosen to address because the population of homeless people has grown higher due to insufficient help from the gove...

Tuesday, November 12, 2019

Motivation Problem

On our assembly lines, we were trying to implement a new design that required radically new methods to assemble to the product. At the same time the operators were locked in negotiations with the management for a pay scale review. We had to come up with ways to get the operators to be motivated to start assembling the new designs. In a vehicle assembly line, feedback you get from the operator Is extremely Important when it comes to usability of a product assembly process.Manufacturing engineers design the processes In their head (especially for products that are not yet physically available for use) and hence need the operators to start using the prototype machines and facilities and start coming out with constructive feedback that lists the Improvements that workers feel will make their life easier and the production quality and volume targets can be met. But when the worker Is disengaged due to other considerations on his mind, coming up with constructive criticisms Is very difficu lt.Actually, criticisms were shared of the new facilities and processes but they are shared in a very destructive manner. Here we have a management that is demanding that the workers change their currently comfortable work environment (at least the one which they are now used to) and take up completely new processes which may or may not be beneficial to them while being engaged in a pay dispute. Based on the findings about what drives people, usually when the money is off the table autonomy, master and purpose are the key factors.The traditional carrot and stick approach may have worked before where the work involved was highly mechanical as there was no thinking necessary due to years of practicing one type of process. But here the workers had to get used to a completely new process and they had to suggest improvements. Management has a target to limit the pay increase while still maintaining morale and motivation for the worker. They had to add incentives within the pay agreement that allowed them some flexibility in the rates while keeping the workers happy.Motivation Problem By makeover designs. In a vehicle assembly line, feedback you get from the operator is extremely important when it comes to usability of a product assembly process. Manufacturing engineers design the processes in their head (especially for products that are not yet that lists the improvements that workers feel will make their life easier and the production quality and volume targets can be met. But when the worker is criticisms is very difficult. Actually, criticisms were shared of the new facilities and

Sunday, November 10, 2019

It Final

Week 8 : Wk8 – Final Exam(TCO A) Based on the examples in the chapter, if you were asked to formulate a plan for a regional drive-in restaurant chain's efforts to use information technology to develop a loyal customer base, what would be the best use of information technology from the list below? (Points : 8)   Use IT to increase supplier loyalty. Use IT to increase operational efficiency. Use IT to create new products and business models. Use IT to achieve customer intimacy.(TCO B) ________ are visual tools for presenting performance data in a BI system. (Points : 8) |   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Dashboards and scorecards Parameterized reports Reports and the drill-down feature Scenarios and models |(TCO C) The type of logical database model that treats data as if they were stored in two-dimensional tables is the (Points : 8) |   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   OODBMS. pre-digital DBMS. relational DBMS. hierarchical DBMS. |(TCO D) IT staffing is reduced in a cloud computing environment because (Points : 8) |   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   There is less infrastructure to manage and maintain. There is a reduction in local software installation on individual work-stations   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Most services required are available from the cloud All of the above |(TCO E) Which of the following factors provides an understanding of why computing resources today are ever more available than in previous decades? (Points : 8)network economics law of mass digital storage and Moore's law declining communications costs, universal standards, and the Internetall of the above(TCO F) Change is (Points : 8) | not welcome in any methodologies accepted often using traditional methodologies foundational principle of agile methodologiesalways to be done at the end of the project(TCO G) Many security attacks occur because (Points : 7)users open documents that they think come from a co-workers   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   users leave their computers running user download illegal movies and mu sic corporate firewalls are not reliableWeek 8 : Wk8 – Final Exam(TCO G) Define the basic concepts of responsibility, accountability, and liability as applied to ethical decisions. How are these concepts related? (Points : 35)(TCO F) Differentiate between intangible and tangible benefits and list three examples of each. In what types of systems are intangible benefits more predominant? (Points : 35)(TCO E) Distinguish between grid computing, cloud computing, and utility computing. (Points : 35)(TCO D) What is cloud computing and how do you think its developments could impact businesses? (Points : 35)(TCO C) What types of relationships are possible in a relational database? Describe and give an example of each. (Points : 35)(TCO B) You are evaluating BI software from a variety of vendors. Identify six elements in the BI environment. Use your understanding of the importance of these elements to formulate six questions to ask the vendor in order to determine how their software w ill interplay with your needs. (Points : 35)(TCO A)  Assess at least two benefits of using enterprise systems. (Points : 35)

Friday, November 8, 2019

A critical analysis of the role of arbitrators in international commercial arbitration The WritePass Journal

A critical analysis of the role of arbitrators in international commercial arbitration Abstract A critical analysis of the role of arbitrators in international commercial arbitration Abstract1. Introduction2.Key findings about Arbitration3.From Court Alternatives to Promotion of Co-operation4. The Threefold Nature of the Sources of Duties for Arbitrators5. The Role of Arbitrators as Imposed by Applicable Law or Rules5.1   The Need to Ensure Neutrality, Independence, and Impartiality5.2 The Role of Disclosure of Information5.3 The Role of Effective Dispute Resolution through Valid Award Rendering6. The Role of Conducting Arbitral Proceedings6.1 The Role of Adopting Procedures Suitable for the Specific Case6.2 Ensuring Fairness and Expediency6.3 Maintenance of Confidentiality6.4 Circumstantial Choice of the Language to be Used6.5 Communication of Expert Report6.6 Ensuring ex aequo et bono or as amiable compositeur6.7 The Roles as Imposed by Parties in the Arbitration Agreement6.8 Ethical RolesConclusionReferencesArbico Nigeria Limited v Nigeria Machine Tools Ltd (2002) 15 NWLR 1ATT Corporation v Saudi Cable Co [2000] APP.L.R. 05/15Albert Jan van den Berg, Enforce ment of Arbitral Awards Annulled in Russia: Case Comment on Court of Appeal of Amsterdam April 28, 2009 [(2010) 27(2) Journal of International Arbitration, 179Emmanuel Gaillard, The Meaning of ‘and’ in Article 42(1): The Role of International Law in the ICSID Choice of Law Process [(2003) 18(2) ICSID Review – Foreign Investment Law Journal, p.375]Gabrielle Kaufmann-Kohler, Global Implications of the FAA: the Role of Legislation in International Arbitration (American Arbitration Association Federal Arbitration Act at 80 Anniversary Lecture Series, Dublin, 20 May 2005)Gabrielle Kaufmann-Kohler and Fan Kun, Integrating Mediation into Arbitration: Why It Works in China [(2008) 25(4) Journal of International Arbitration]Jan Paulsson, Arbitration in Three Dimensions, LSE Law [(2010), Society and Economy Working Papers 2/2010, London School of Economics and Political Science, Law Department, published at www.lse.ac.uk/collections/law/wps/wps.htm]Jan Paulsson, Internatio nal Arbitration is Not Arbitration [(2008) Stockholm International Arbitration Review, p. 1]Jan Paulsson, Unlawful Laws and the Authority of International Tribunals (Lalive Lecture, Geneva, 27 May 2009), in 23(2) ICSID Review/FILJ (2008)Karl-Heinz Bà ¶ckstiegel, Past, Present, and Future Perspectives of Arbitration [(2009) 25 Arbitration International, 293]Karl-Heinz Bà ¶ckstiegel, The Role of Arbitration Within Today’s Challenges to the World Community and to International Law [(2006), The Goff Lecture HongKong 2006 in Vol. 22 Arbitration International,   p.165]Michael Hwang, Defining the Indefinable: Practical Problems of Confidentiality in Arbitration [(2009) 26(5), Journal of International Arbitration, pp. 609-645]Related Abstract Arbitration, which creates an internationally enforceable award, has historically been lauded as a confidential, quick and cost effective mechanism for resolving disputes. International commercial arbitration is growing very fast as more businesses seek to settle their commercial disputes out of court in order to save time, money, manpower and sustain healthier business environment. This state of affairs has made the role played by arbitrators in international commercial dispute resolution to be more important than ever before since arbitrators hold the key to the future success and continuity of commercial activities the world over. Arbitration has taken on such prominence in the international context that it has become the first choice for a binding dispute resolution. Over the years these virtues has eroded with the expansion of the number of parties using arbitration and shift in the group serving as arbitrators. With the advent of time arbitration has become costlier as litigati on before courts and even time consuming. Confidentiality associated with awards has eroded due to international conventions and interventions of arbitral institutions. Arbitration awards do not have the same monopoly on streamlined enforcement mechanism.   In the changing scenario what is left to make arbitration preferable to national courts? It is neutrality of forum where the place of dispute resolution does not unfairly benefit parties to the dispute and neutrality of the decision making process that make arbitration preferable to national court. Constructive mechanism for regulating arbitrators conduct and scope to promote the integrity of arbitrations are required. This paper specifically argues that arbitrators in international commercial disputes play a very important role. This line of argument is sustained by way of enumerating and critically analysing some of these roles with a view to contrasting the arbitrator from the judge in a normal court setting. 1. Introduction Dispute resolution in the commercial context continues to be a major challenge facing businesses the world over; and the ability to have alternative ways of resolving them by means other than litigation is a great relief to businesses.[1] With the rather lengthy and costly litigation process involved in seeking legal redress in contemporary commercial disputes, parties to such disputes have invariably chosen to go the private way of resolving their disputes. Furthermore, court processes have been deemed to be not only tedious and time-wasting but also the decisions thence are often disputed by parties for their being alleged partisan. This latter point is especially true of international commercial disputes where decisions taken by the court are largely believed to be biased in favour of the party that hails from the country in which the court is located. And owing to the fact that commercial disputes are a daily occurrence in the world today where globalization has made commercial a ctivities to transcend national borders in a way never before witnessed, the ability to have them resolved amicably and to the satisfaction of both parties is a great milestone in general commercial dispute resolution.[2] Arbitration has come in handy as a favoured choice of an efficient mechanism for resolving international commercial disputes largely because it offers the parties embroiled in a tussle to dispute the opportunity to appoint their own arbitrators and so reduce the likelihood that justice is denied. Arbitration also offers the parties the opportunity to have an expeditious out-of-court settlement; yet the decision made by the arbitrators is legally binding and executable by the courts. Usually, international arbitration will seek to resolve the disputes that arise from the implementation of various international conventions, treaties, and agreements. Since different countries usually have different sets of laws, arbitration helps to overcome the differences that could be brought about by such variation in law as it provides for an amicable resolution of disputes without reference to any one country’s legal system. This helps companies in different court systems to have their disp utes resolved fairly. More importantly, arbitration is faster and cheaper than a court process; and also eliminates chances that a decision taken by foreign courts becomes unenforceable in a given country. A critical and succinct analysis of the role of arbitrators is therefore essential if the process of arbitration in international commercial disputes is to be understood in its entirety. This is partly because arbitrators hold the key to the final outcome of any commercial dispute – meaning that they must not only be fair but also non-partisan. This paper addresses the conception of the proper role of arbitrators, the adjudicatory functions of internal arbitrators; the constructive mechanism for regulating arbitrator conduct and scope to promote integrity of arbitrators.   The importance to enhance the legitimacy of international arbitration is also touched up on. 2.Key findings about Arbitration The importance of arbitration and so of arbitrators in the resolution of international commercial disputes can be better placed into context by considering the views of the public on the matter.[3] That is why in a survey to establish the feasibility of arbitration as a method of resolving international disputes; interesting findings were reached which generally puts the method far ahead of litigation and other legal mechanisms of addressing international commercial disputes. Key among the findings was that about 86% of counsel is in one way or another satisfied with international arbitration; and that most corporations will rather have institutionalized arbitration instead of the ad hoc arbitration. This is largely because close to 86% of awards are known to have been rendered through institutions. A massive 92% of all arbitration disputes are believed to be resolved in a successful manner at some stage along the arbitration process. Furthermore, about 84% of counsel admitted that t he party that failed to prevail in a dispute managed to comply voluntarily in over 76% of cases.[4] As far as recovery by way of settlements is concerned, close to 35% of corporations that were involved in the survey admitted to having recovered at least 76% of the total value of the award they desired.[5] When it comes to efficiency, rapid results – lasting less than a year in at least 57% of cases – were realized through enforcement proceedings. Furthermore, recovery through such enforcement is thought to be high, with about 84% of the corporations surveyed admitting to have recovered over 75% of the total award value.[6] Finally, in cases where corporations experienced enforcement problems, most of them were only circumstantial, stemming from issues such as the lack of traceable assets of the party that did not prevail as opposed to the process of enforcement itself. These findings clearly support the main argument of this paper that arbitration has become a leading and preferred method of commercial dispute resolution particularly on the international arena. By ex tension, therefore, it is important that arbitrators continue to understand the seriousness with which the process is taken and so carry out their duties in a manner that both upholds the dignity of arbitration as a legal process and serves the needs of the antagonists in the dispute.[7] 3.From Court Alternatives to Promotion of Co-operation Prior to considering the actual roles of arbitrators in international commercial disputes, it is critically important to have an understanding of the settings under which the current commercial activities operate or are based.[8] With the increased role that globalisation is playing in world trade and general commercial activities, it has become rather important that commercial activities are secured from the possibility of getting damaged by vested interests. This is in essence indicative of the need for longer, more secure commercial contracts between different players. For instance, the world is now experiencing newfound commercial partnerships between states or corporations that never existed before.[9] In addition, most of the business contracts signed are almost always long-term in order to ensure continuity over a long period of time. For instance, the Russian energy giant Gazprom now insists on long-term gas supply contracts with the EU – contracts extending up to 30 o r 35 years into the future. The aim is to have assurances that the market will be readily available in the future as is today.[10] Therefore, owing to this growing need for long-term commercial contracts between international organizations and other businesses, the mechanisms employed for dispute resolution ought to be capable of not only offering an amicable solution but also ensuring business continuity.[11] Not one business wants to lose business interests just because of a dispute. Since most litigation processes have the likely impact of causing severe damage to commercial contractual partnerships, arbitration has become the most preferred way of resolving commercial disputes on an international scale. But even with arbitration, there have remained concerns about the manner in which an award is rendered.[12] Today, the emphasis has shifted from just rendering an award to settle the dispute to include seeking to preserve the existing relations between the parties to the dispute. This way, future cooperation is assured along with reduced confrontations. Under such circumstances and this context, an arbitrator is expected to play a social-legal role – use the law to resolve the dispute fairly but also ensure that the parties continue to work together in spite of the award rendered.[13] 4. The Threefold Nature of the Sources of Duties for Arbitrators Every party to a dispute has expectations from the arbiter in any commercial dispute. These expectations are largely driven by the need by each party to have a fair and free arbitration process, minimize costs, and earn an award that is not only effective but also binding. To achieve this, therefore, it is upon the arbiter to ensure that the whole process of arbitration is organized and controlled in an efficient manner. The main duties of an arbiter originate from three sources. The first one is the rules and laws that govern the specific arbitration process; the second is the agreement between the parties to the dispute; and the third is the ethical rules. From these three sources, this paper draws on the actual roles of an arbiter and critically analyses each. 5. The Role of Arbitrators as Imposed by Applicable Law or Rules International arbitrators clearly have a more difficult role to play compared to national ones owing to the nature of disputes involved and the parties to those disputes.[14] As a result, there has been a variation between institutional and ad hoc arbitration. Since the international community lacks cross-cutting laws on commercial dispute resolution, not every party that elicits the services of an arbitrator has the laws of arbitration entrenched in its by-laws. Under such circumstances, an ad hoc arbitration has to be followed whereby the rules to be followed have to be set and the other issues like the governing law, the number of arbitrators, and the place where the arbitration will occur have to be resolved prior to the commencement of the arbitration process itself. But whether an ad hoc or institutional arbitration is used, the roles that arbitrators play or are expected to remain more or less the same – and all are very important.[15] But before defining some of these roles, it is worth mentioning here that the changes brought about by a rapidly globalizing world have drastically changed the manner in which arbitration is handled. Today, for instance, arbitration is not just executed by the elderly or more experienced people. Instead, today’s arbitrators are young technocrats who have emerged to serve the ever-rising number of firms seeking international arbitration services. Besides, arbitration has increasingly become an adjudicative process, meaning that it almost lasts just as long as a normal court process. This leaves arbitration with only one key strongpoint – a point that also gives arbitrators their most important role in international commercial dispute resolution. This is that it has the neutrality stemming from the fact that it offers no ‘home court’ advantage and its adjudication process is equally fair. In essence, arbitrators are required to exhibit the highest level of ne utrality and impartiality.[16] 5.1   The Need to Ensure Neutrality, Independence, and Impartiality International arbitrators are selected by the respective parties to a commercial dispute in order to act as their representatives in the matter.[17] These arbitrators are usually served with relevant information regarding the particular dispute by the given parties, arbitration attorneys, after which they have the responsibility of reaching a decision that both parties will abide by. Neutrality in the discharge of one’s duties as an international arbitrator requires that one acts in accordance with the legal requirements of the process of arbitration – in this case in line with the governing law that is agreed upon or that exists.[18] Honouring the expectations of the parties to the dispute is very important in the arbitration process, especially where the stakes involved are very high. The expectations that parties to a dispute have are usually many and, quite unwittingly on their part, they seek to influence the outcome of the arbitration process. Arbitrators must str ive not to bow to any pressure that might be applied by parties or one of them in order to achieve this goal.[19] The main goal of entering into any legal battle between two aggrieved parties is for each to get the arbitral award rendered by the arbitrators.[20] Depending on the nature of the award, different parties will be tempted to influence their representatives on the arbitration tribunal or so that the adjudication process is carried out with favouritism.[21] But this ought not to be the case. It is the duty of the arbitrators to ensure that the adjudication process is fair and neutrality is maintained. In essence, there is no need for any arbitrator to seek to advance the interests of the nominating party – the party that one represents. Instead, it is very important that once one is appointed to arbitrate in any commercial dispute then one must let go of any vested interests and serve the interests of the process. And the process of arbitration seeks to resolve disputes in an amicable and fair manner.[22] Quite often than not, arbitration has been marred with allegations of favou ritism, rendering not only the process itself ineffective but also affecting the legitimacy of international arbitration. Even where institutional arbitration is used, the institution ought to have as arbitrators’ people who are best placed to be neutral, and this is achievable by way of having all people with vested interests in the matter not being appointed to be arbitrators.[23] But the need for neutrality in international mediation is almost paradoxical because of several reasons. First of all, the very essence of arbitration is to have disputing parties legally and fairly resolve their dispute without the need for a court of law.[24] Therefore, each party has the responsibility of working to ensure that the outcome of the arbitration process – the award – is generally acceptable. A prerequisite for acceptability of a decision reached by any arbitrator is evidence that there will be fairness in the process. And this fairness is ensured by having each party appointing a representative to the arbitration tribunal.[25] Otherwise, each party has to consent to a particular agency acting as an arbitrator in the dispute. In the latter case, the agent selected has to prove to be fairly neutral and non-partisan. But the very fact that such an agency has been hired by a certain party means that its ability to remain impartial is compromised. Like arbitr ation attorneys who have the interests of one party at heart, the appointee to an arbitration tribunal almost always seeks to serve the interests of the appointing authority – their client. This drastically limits the ability of the arbitration process to be neutral. Instead, it becomes more like another battle between representatives of the two disputing parties.[26] Without pre-empting anything, many players have taken arbitration to be a rather quasi-legal process, and have almost come to believe that its outcomes can just be contested as one pleases.[27] That is not entirely true; and arbitrators ought to help end this analogy by presiding over arbitration proceedings that are free from controversy and render awards that are binding legally. That arbitration is entrenched in international law means that it is indeed a quasi-legal process in that its outcomes are binding and executable by any court of law yet the process affords the privacy and informality not found in any court of law. But the need for neutrality on the part of the arbitrator is not to be affected in any way by virtue of the process being quasi-legal. In fact neutrality is called for by law – both article 9 and article 10 of the Arbitrations Rules categorically place the role of seeking neutrality on the arbitrator.[28] Further, Section 8 of the Arbitration and Concilia tory Act provides that every arbitrator must strive to be independent and impartial – this includes avoiding engaging in any correspondence or any other form of communication with one party without the knowledge of the other party.[29] This is partly attributed to the norm in legal circles that justice ought to be applied equally and that no one person or individual can be a judge in one’s own cause. Therefore, an arbitrator is bound by law not to favour any party or to be predisposed as regards the question that is under dispute. This is what constitutes impartiality.[30] Independence, on the other hand, is a call to the arbitrator not to have any current or past dependent relationship with one or more of the parties to the dispute.[31] However, this is just as far as the relationship or dependence is deemed to affect or actually affects the freedom of the arbitrator to make a judgment that is free. This point is critical and delicate because any legal judgment must be based on evidence as provided during the proceedings and not from any other source – least of all from the relationship a judge or arbiter has with a party to the case. This is the principle that underlies sound judgment. Any judge must reach a decision based only on evidence implied or expressed by the parties in the dispute. However, any dependence on either party will likely cloud all judgements and so result in a ruling that is at best unfair. 5.2 The Role of Disclosure of Information It is upon the arbitrator in any commercial dispute to ensure that any information that is critical is disclosed to both parties in the dispute. In fact Section 8(1) of the Arbitration and Conciliatory Act requires the arbitrator to disclose every relevant fact that is deemed likely to cause justifiable doubts about the arbitrator’s impartiality and/or independence. Arbitrators must not deliberately conceal information that is relevant to the arbitration proceedings. But disclosure of relevant information or facts is not enough to ensure that the arbitration proceedings are free and fair. Rather, the timing of the disclosure is also very important. In the past, a lot of controversy has arisen from allegations of arbitrators disclosing key information at the wrong time – when the irreparable damage has already been done. The best time to disclose information is at the earliest possible opportunity – preferably before the arbitration proceedings commence. In fact a n arbitrator ought to disclose any important information at the time of one’s interview before one is appointed to take up the role of arbiter. But there has been debate on what exactly is considered relevant information. Some arbitrators have knowingly withheld certain information even when it has been clearly important; and asked later about it they have been quick to point out that they never thought such information was important in the first place. While relevance of information, as required by law, is not clearly defined, it is the duty of the arbiter to judge from the arbitration agreement what might be important and what is not important. The importance extends only to the matter at hand or under deliberation; and it is only the individual concerned that can understand what is likely to cause justifiable doubts on the part of the parties to the dispute. The arbitrator is required to keep revealing any such information even after one’s appointment and all the way through the arbitration proceedings. Once the arbitrator dully carries out this role of disclosure, then neither party is legally capable of contestin g the award on the basis of the disclosure made by the arbiter because every party effectively waives its rights and submits to the arbiter’s jurisdiction once disclosure is made.[37] Lacking proper definition in statute law, disclosure has come to be interpreted based on case law. In the AT T Corporation vs. Saudi Cable Company case, disclosure came to be defined as the real danger there is for bias on the part of the arbitrator.[38] In essence, it is the information that only the arbitrator knows and which, unless disclosed at the right time and in the right manner, has the capacity of making the arbiter to appear as biased or favourably disposed towards one party. It was ruled in the case that disclosure does not mean a reasonable suspicion threshold.[39] In the case, the Chair to the arbitration tribunal had failed to disclose that he was a non-executive member of one of the firms allied to the prevailing party.[40] Although the defendant claimed that the omission of the information, which was supposed to be contained in his CV, was a secretarial error, the plaintiff held that it tantamount to concealment of information because it caused real danger of bias. For the plaintiffs, there was no doubt that such a Chair could discharge his duties fairly and without bias given that he was strongly dependent on one of the parties.[41] However, the court ruled that an inadvertent failure to disclose a given fact that could affect the appointment of the Chair was in itself not sufficient enough to constitute a real danger of bias. Therefore, the court held that the award rendered should be enforced.[42] The basis of the ruling, put more simply, was that the problem was one that could affect the process of appointment of the arbitrator and not the arbitration process itself. Therefore, it was not important what was not disclosed at that time, let alone it having been inadvertently omitted. For the defendants clearly proved that the omission resulted from the Chair’s CV having been printed from a file that did not have the particular information even though a different file stored on a different computer had the Chair’s CV with the said information.[43] Anyone seeking to intentionally conceal a fact cannot have that same fact retained in any other document. Instead, one will have all evidence of the fact cleared as far as possible so that nothing comes to the fore. Therefore, disclosure is so much a role that is executable depending on the arbitrator concerned and not really the parties. For what parties may view as capable of causing real danger of bias might just be re asonable suspicion threshold which is not admissible before court as constituting concealment of information. 5.3 The Role of Effective Dispute Resolution through Valid Award Rendering Every party to a dispute expects to win and get the award. It is the role of the arbitrator to ensure that the rendering of the award is valid, and this is only possible by way of ensuring that the entire process of dispute resolution through arbitration is handled well and resolved effectively. Every arbitration process is only as credible as its outcome; and the rendering of an award is the final yet most important stage in the entire process. For this reason, it is upon the arbitrator to ensure that there are no unnecessary hitches at this all important stage. This might appear to be something rather simple in the eyes of the non-interested, partisan party. However, rendering an award can be the most delicate moment of the arbitration proceedings as it determines not only who wins what award but also whether or not the parties to the dispute are going to work together again or will go separate ways afterwards. It is a time to make that hardest decision without fear of reprisals i n any case the award has to be rendered and as in any dispute one party must win if the other has to lose.Only in exceptional cases does there result a zero sum – there being no winner-take-it-all situation but rather a case of sharing the spoils. So what is the role of the arbitrator in this case? Well, the arbitrator is expected to ensure that all issues that might threaten the validity of the award to be rendered are considered. It is the arbitrator’s role to ensure that the decisions are made not based on matters that are beyond the scope of the submissions made to the arbitration but on those that are within the scope.[47] No party will want a decision on a matter that is not in dispute or contention –that will only serve to curtail the process of arbitration. Furthermore, the conduct of the reference ought not to be afflicted with any form of misconduct – actual or technical – as this would serve as legal basis for the setting aside of any award rendered as this is in contravention of both Section 29 (2) and Section 30 of the Arbitration and Conciliatory Act. The challenge here is that the Arbitration and Conciliatory Act does not contain any clause on the definition of the concept of miscondu ct. Therefore, just like the concept of disclosure, its scope has been determined largely on the basis of case law. Over a time, there has been attempts at drawing up a list of what is deemed to constitute misconduct as it is applicable in the context of arbitration as has been held in past cases; and the list covers a wide array of issues. The first one is where the arbitrator does not comply with the terms of the arbitration agreement. This is regardless of whether it is expressed or implied. This effectively means that it is the role of the arbitrator to ensure that there is full compliance with both the expressed and implied terms of the arbitration agreement. The second case is where an award is made by the arbitrator but on public policy grounds that award ought not to be enforced. Third, there are cases where the arbitrator acts beyond the authority that is conferred by the arbitration agreement, in which case a mistake is made. Since the agreement is like the compass that offers directions all through the arbitration process, the terms therein must be adhered to fully by the arbitrator.Mis conduct is also deemed to have been exhibited where the arbitrator is corrupted or receives a bribe; where all matters referred to the arbitrator are not decided; where the award rendered is either ambiguous or inconsistent; and where the rules of natural justice have been breached or violated. Natural justice violation was the basis for misconduct claims in the Arbico Nigeria Limited v Nigeria Machine Tools Ltd case. Corruption is a means of perverting justice, and bribes always bring about favouritism because they are intended just for that purpose. Both are contrary to the spirit of fairness, impartiality, and neutrality.Misconduct is also evident in cases where an error of law which is apparent of the award face is made by the arbitrator but only in case where the point of the law that was decided erroneously could not be specifically referred for the arbitrator to make a decision on. This was demonstrated in the case of Taylor Woodrow Nigeria Ltd v Etina Werk GMBH.   Finally, misconduct can be cited where evidence that touches on the root of the question that is submitted to the arbitrator is wrongfully admitted and subsequently acted upon by that arbitrator as in the KSUDB v Fanz Construction Company Limited and the Compt. Comm. Ind. Ltd v OGSWC cases.This, however, excludes cases where the arbitrator judicially and honestly decides on what is admissible. In this exceptional case, any aw ard rendered based on such a decision cannot be set aside on the basis of misconduct. Based on these, the arbitrator is tasked with ensuring that the arbitration process remains free and fair at all times; and that what is decided upon is based on the terms of agreement implied and expressed. This ensures that the award rendered at the end stands little or no chance of being challenged in a court of law. By acting in a manner that openly demonstrates that their authority has been exceeded, arbitrators are effectively setting the stage for possible legal challenges to the final award.This is because any aggrieved party might easily prove that the award has dealt with a dispute which does not fall within the terms of the submissions made to the arbitrators in question. Therefore, it is important that the arbitrator focuses on matters that are within one’s jurisdiction as only then will it be difficult for the award to be contested. In any event where an aggrieved party seeks to set aside the award, only that part of the award that has decisions on matters that were not submitted can be set aside. It is therefore critical that the arbitrator clearly draws a distinction between those issues that fall within one’s jurisdiction and those that are not submitted. Such issues of setting aside part of the award because of the arbitrator failing to act within the jurisdiction were witnessed in the Bellview Airlines Limited v. Aluminium City Limited case. There is an interesting twist to the role of arbitrators as effective dispute resolvers by way of rendering valid awards. This is because there is a very big difference, albeit not clearly evident to the lay person, between the validity of an arbitral award and enforceability of the arbitral award. This distinction has been a cause of ripples across many nations as what is valid as an arbitral award may not necessarily be enforceable in every nation of the world. Therefore, it is upon the arbitrators to ensure that they do not overstep their mandate. Therefore, this is an appropriate opportunity to mention that arbitrators have the role of ensuring that an award rendered is valid. However, it is not their role to enforce that award. This is largely because the conditions that call for the enforcement of an award differ from one country to another, meaning that an arbitral award that is valid and enforceable in one country might be unenforceable in another country owing to differences in legal jurisdictions. But even if this is so, the arbitrator has to ensure the validity of the award without caring whether it will be enforced in the required country or not. In fact the arbitrator ought not to care where the award will be enforced and how that will be done. Instead, arbiters have the duty to validate the award and leave the enforcing to the country required. 6. The Role of Conducting Arbitral Proceedings International commercial disputes can take on very different forms – some of which require a lot of patience and tolerance on the part of arbitrators. Furthermore, commercial disputes usually have a lot at stake and any wrong decision made by the arbitrator might prove to be very costly to the non-prevailing party. Besides, the fact that these are cross-cultural deliberations carried out in a private setting means that they have to be conducted in the most open, fair, and free manner in order to be legitimate. Like the umpire who plays a neutral role but presides over hotly contested matches, the arbiter has the role of conducting the arbitral proceedings in such a way that they are concluded without any misgivings on the part of the antagonists. To do this effectively, the arbitrator must be both physically and mentally fit. In fact the Arbitration and Conciliation Act’s (1988) Section 10 (1) (b) expressly provides for the removal of any arbiter that lacks the capabili ty to conduct the arbitral proceedings due to such factors as mental and physical impairment. This removal can occur during the appointment process or even during the arbitral proceedings as long as it is proven that the arbiter can no longer be relied upon to carry out one’s tasks in relation to the reference. Apart from being required to be physically and mentally capable, the arbitrator has the role of ensuring that the arbitral proceedings are expedited so as to reduce the costs associated with arbitration procedures that drag on for too long. In fact, as earlier mentioned, one of the main reasons why arbitration has become one of the leading methods for the resolution of commercial disputes especially on the international level is because litigation seems to drag on forever, increasing the losses that parties incur partly by way of lost business revenue and time; and partly through high legal fees.   Therefore, the faster the process is undertaken the better for the parties involved. This role of arbitrators, however, is not without its own flaws. There are many issues that need to be addressed before this role can be performed effectively. For instance, it is difficult to judge a person’s state of health – both mental and physical – based on medical records available. Many people who outwardly appear sound might not really be capable to deal with commercial disputes of international magnitude. Even the sanest person can easily become incapable of conducting arbitrary proceedings because of the complexity of their nature and the many expectations placed on one. As such, the role of conducting arbitral proceedings ought to include counsels who can step in where they believe the process is not being undertaken in the right way. Counsels have been given limited powers; and in fact it is not mandatory for parties to have them unless they opt to. In the coming days, it ought to be a requirement for all parties to appoint counsels who can ensure th at the process of arbitration remains on course at all times. 6.1 The Role of Adopting Procedures Suitable for the Specific Case Specificity is a concept that is highly regarded in international commercial arbitration. Since arbitration is largely viewed as a method that seeks to bring justice to aggrieved parties in a just and ethical manner, it has been common practice for parties to want to have each case treated differently and approached from a perspective that is only unique to the particular dispute.As an arbiter, one is expected to ensure that this is actually done – that the specific case is treated differently from any other that the same or different arbiter might have participated in. The arbiter is required to conduct the reference skilfully and with reasonable diligence by adopting procedures which have been tailored to that particular dispute. This is a very important role because duplication of decisions as is common with litigation processes can be very disastrous if applied to arbitration. Powers which arbitrators have in determining how to conduct the reference is only an emphasis of the need for treating every dispute uniquely.[68] This power is determined by the ability of the arbiter to act subject to the agreement reached and signed by parties to the dispute and the legal provisions on the matter. That is why it is a provision of the Arbitration and Conciliatory Act’s First Schedule (Article 15(1)) that an arbitral tribunal can conduct the arbitration in the way it deems appropriate as long as each party is treated equally, including being given a fair chance to present its case to the tribunal. Again, it is important for every arbiter to understand that different disputes call for different approaches to their resolution. Therefore, it is the arbitrator’s role to ensure that this is done. 6.2 Ensuring Fairness and Expediency Speed is of the essence in the process of resolving any commercial dispute – international or national. Delays, as earlier mentioned, have the impact of causing many losses in terms of time, revenue, business, and even manpower and capital. While delays might not be avoidable under certain circumstances, undue delays are unnecessary and discredit the arbitration process and the arbiter overseeing it. Sometimes there is a lot of work that an arbiter has to do during the process of the arbitration. In such circumstances, it is the role of the arbitrator to inform the parties in advance of the workload so that they have prior information. This way, they can decide whether or not to appoint such an arbiter. Otherwise, the arbitrator understands clearly that some existing workload will hamper one’s ability to carry out one’s duties expeditiously ought to disqualify oneself from the work if already appointed, or reject it if one is proposed for appointment as arbitrato r. Closely related to speed is fairness in making decisions. Arbitrators must not only speed up the arbitration process but also do it fairly so that the award stands little chance of being contested by the non-prevailing party. According to Section 14 (Cap. A.18) of the Arbitration and Conciliation Act, every party ought to be given a fair chance to present its case to the arbitration tribunal. This legislation is based on Article 15(1) of the UNCITRAL (United Nations Commission on International Trade Law) Arbitration Rules and Article 18 of the Model Law. They provide that all parties ought to be treated equally and offered the full chance to present their submissions. But fairness can also be and has actually been interpreted differently by different courts in different jurisdictions. The most inclusive meaning of fairness can be traced from the Court of Appeal’s ruling in the cases of Umar v. Onwudiwe and African Assurance Corp. v. Aim Consultant Ltd where fairness in the con text of arbitration process was held to mean two issues. The first is where the arbitrator hears both sides and then considers all the issues that pertain to the case before making a decision; and the second is having the arbitrator according equal opportunity, treatment and consideration to all the parties. The audi alteram partem principle ought to be the guideline for the arbitrator in matters of fairness as it calls on one to hear both sides before making a ruling. This principle ought to be observed by all people who have quasi-judicial as well as judicial functions as is the case of arbiters in commercial disputes at the international level. Fairness is a role that is quite important as it also adds to the legitimacy of the arbitral proceedings. Arbitrators can best ensure fairness by giving every party not just enough and reasonable time to present their submissions but also to respond to the case by the other party. Finally, fairness might also include ensuring that the arbitration fees charged is commensurate with the specific case, taking into account aspects like complexity of the case and the time taken by the parties. 6.3 Maintenance of Confidentiality Arbitration proceedings are only quasi-judicial and they have to enjoy the privilege of not being so public. In fact so keen on confidentiality are commercial firms embroiled in disputes that they desire to maintain their reputation and as much as possible keep their business. Confidentiality is also important as it helps protect the arbitrators themselves from possible kickbacks from the non-prevailing parties and the criticism by international media. Without arbitrators, such a noble role would not be executable, meaning that arbitrators play a most important role in ensuring that confidentiality of the arbitral proceedings is maintained at all times during and even after those proceedings. More importantly, the need for confidentiality is enshrined in the Arbitration Rules’ Article 25(4), requiring that arbitration proceedings be held in camera except in cases where the parties agree to go public. Furthermore, the arbitration agreement always implies that the arbitration proceedings ought to be confidential and private. In discharging one’s duty of preserving privacy and confidentiality of the proceedings, the arbiter strives not to communicate any information, particularly details of names and locations, without the permission – express or implied – of the parties. But common practice has arbitrators treating almost all aspects of the arbitration to be private and so keeping them confidential. However, the most important facts kept secret are the award and the records of the arbitration proceedings. 6.4 Circumstantial Choice of the Language to be Used International commercial disputes can be tricky and difficult to handle especially where the parties do not share a common language. Quite often than not, the parties usually are drawn from very different countries where either several languages are spoken or only one language is used. Once again it is the arbitrator who will have to resolve this problem by considering the relevant circumstances before and when settling on the language for use at the arbitral proceedings. It is upon the arbitrator to consider both parties and the prevailing circumstances before deciding on the language for the arbitral proceedings powers conferred to one by the Arbitration and Conciliatory Act’s Section 18(1).Sometimes, the language to be used can generate a lot of controversy; and the arbitrator has the power to overrule the parties and, based on the circumstances, decide on a language that is to be used even if neither party wants it used. 6.5 Communication of Expert Report Any report which is or might be the basis for the ruling to be made by the arbitrator has to be communicated to the parties, and it is the work of the arbiter to do this. The right to do this is provided for in Section 20(4) of the Arbitration and Conciliatory Act. The importance of this role lies in the truth that parties to a dispute often wish to understand how an award came to be rendered, including the basis for the ruling made. By communicating such a report, the arbiter not only reduces the possibility of contesting the award but also upholds the credibility of the arbitral process. Evidentiary documents and/or expert reports are also very necessary on account of their being the only mechanisms through which parties can reasonably get the opportunity to comment on advice, opinion, and any other information by legal advisors and other experts. Ultimately, arbitrators – by playing this role – set the stage for a fair and equal treatment of every party. These are ve ry important requirements for any credible arbitral proceedings. 6.6 Ensuring ex aequo et bono or as amiable compositeur Both Sections 22(3) and 47(4) of the Arbitration and Conciliatory Act prohibit the arbitration tribunal from deciding ex aequo et bono or as amiable compositeur unless there is prior authority from the parties. In essence, there ought not to be any waiving of the legal, strict rules of interpretation by the arbitral tribunal except when the parties authorise otherwise. This role, also enforceable by arbitrators, is important as it discourages use of extra legal arbitration, minimizing arbitrariness in dispute resolution. As noted in the Orion Espanola De Seguros vs. Belfort Maatshappy Voor Algemene Verzeekgringeen case, only a recognizable and fixed law system ought to be applied. 6.7 The Roles as Imposed by Parties in the Arbitration Agreement Arbitration agreements might be drafted prior to a dispute or when a dispute is already at hand. This means that there is really no specified time for drafting an arbitration agreement – it all depends on the parties involved. Ad hoc arbitrations proceedings are designed to suit a specific dispute, and parties generally tend to prefer it. However, institutionalized arbitration agreements are designed before any dispute emerges and are entered as compulsory arbitration clauses in the laws of firms. Under such cases, the parties to a dispute are expected to adhere to the provisions in the arbitration clause. However, these disputing parties might require specific agreements to be added or removed to the agreement, meaning that arbitrators must be careful to follow what is required by the parties. It means an arbitrator will have to perform duties imposed by the parties to a dispute and all this is very important if the award is going to be acceptable to all parties. Sometimes, parties to a dispute might impose duties on an arbitrator even before the arbitrator is appointed, in which case the arbitrator must have to carefully review the roles one is expected to play before committing oneself to act in that capacity. Quite often than not, organizations that have an arbitration clause in their bylaws usually predetermine the roles that an arbitrator has to play. They duly require, in the event of a dispute, that the arbitrator abides by the provisions in the arbitration agreement. On the other hand, the parties embroiled in a commercial dispute might require that arbitrators adhere to certain rules formulated after the arbitrator has been appointed. In such circumstances, the arbitrator is expected to be part of the agreement setting process so that any role expectations that one finds hard to perform is discussed further; and if one still finds it impossible to perform that role then one must disqualify oneself from being an arbitrator. For instan ce, parties might require that the Chair of an arbitration tribunal must not be in any way a holder of any position in either of the disputing firms. In essence, the Chair must be neutral. So, any arbitrator appointed as Chair of an arbitration tribunal must ensure that that neutrality is maintained at all times during the process of arbitration. Otherwise – in case there are vested interests – one must not Chair such a tribunal. As is clearly implied in the case of ATT Corporation v Saudi Cable Co, the arbitration tribunal’s Chair is a very important personality. In this particularly case, the award issued was contested by the non-prevailing party because the Chair of the arbitration tribunal was allegedly associated with the prevailing side. In essence, the non-prevailing side felt that by having a Chair that had vested interest in the dispute effectively eroded the very principle of neutrality by which all arbitrators ought to abide.Therefore, arbitrators are bound by duty to follow every provision in the agreement or else they must choose to abstain. Having said that, it is very important, even courteous, for parties to have the arbitrator informed about any new roles which they want the arbitrator to undertake. Lack of information or misinformation might work against both parties if not one of them and so compromise the outcome of the arbitration. But more importantly, every arbitrator appointed must prove one’s capability and openly disclose it before agreeing to take up on the role. Arbitration processes are high-stake processes and failure on the part of an arbitrator will go a long way in affecting international commercial activities.For instance, an arbitrator must not seek or even attempt to conceal any information that might be important to the parties. Any concealment of important information erodes the trust that parties have in the process and so in its outcome. 6.8 Ethical Roles Being a quasi-legal process, arbitration requires that ethics be maintained at all times. Arbitrators have to ensure that this happens because moral and ethical issues are very important. In fact some arbitrators, especially the institutionalized ones, have designed their own code of ethics to ensure that parties are treated ethically and morally. This is a very important role because without ethics being incorporated in such heated disputes there would be the risk of disagreements and endless legal battles. Conclusion Arbitration plays a very important role in international dispute resolution. This is largely because commercial disputes have tended to be better resolved in a quasi-legal manner as opposed to strictly legal processes that are not only costly but also time-consuming. The role that arbitrators play in international commercial disputes has increasingly become important in the recent times. While each dispute is unique in its own way, arbitrators have had to grapple with certain issues that keep recurring, giving them roles that are rather standardized. In arguing that arbitrators play a very important role in international commercial disputes, this paper attempts to bring out the roles that arbitrators play, roles that have made arbitration what it is now – not only a cheap, faster, and confidential alternative to litigation but also a real effective means of resolving commercial disputes and enhancing cooperation between the parties so that there is continuity of their business relationship. These important roles played by arbitrators have their origins in three main areas: the role of arbitrators as imposed by applicable law or rules; the roles as imposed by parties in the arbitration agreement; and ethical roles. These roles include ensuring neutrality, independence, and impartiality; disclosure of information; effective dispute resolution through valid award rendering; conducting arbitral proceedings; adopting procedures suitable for the specific case; and ensuring fairness and expediency. Others are maintenance of confidentiality; circumstantial choice of the language to be used; communication of expert report; ensuring ex aequo et bono or as amiable compositeur; and upholding ethics during the arbitration process. All these are very important and suffice to underscore the significant role that arbitrators play in internal commercial dispute resolution. Over the years the role of arbitrators has evolved as the number of commercial disputes continued to increase and the assembly of arbitrators continued to swell. International arbitrators have metamorphosed in to a group who are experts in arbitration procedure and theory. The service they render has to be professionalized. They are the patrons of a system that is indispensable for the growth of international trade. Stipulating the role of arbitrators will promote legitimacy of the system critically impacting the global economy. It is more desirable that parties, arbitrators and professional organisations should clearly give expression to what sort of conduct is expected of international arbitrators and endow with incentives to avoid inapt behaviour. This way it will be possible to promote the ultimate objective of promoting justice, integrity of dispute resolution mechanism with critical international application. Word count: References Books A Redfern and M Hunter, Law and Practice of International Commercial Arbitration (4th Edition 2004) Beccio Silvia, The Role of Arbitration in International Commercial Trade: A Socio-Legal Analysis [Jul 25 2007] Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany Christian Buhring-Uhle and Gabriele Lars Kirchhof, Arbitration and Mediation in International Business (2nd Edition 2006) Gary Born, International Commercial Arbitration (2009 Kluwer) Julian Lew, Loukas Mistelis and Stefan Kroell, Comparative International Commercial Arbitration, (2003) R David, Arbitration in international trade (1985) The Permanent Court of Arbitration,   International Alternative Dispute Resolution: Past, Present and Future (2000) Tibor Varady, John J. Barcelo, and Arthur Taylor Von Mehren, International Commercial Arbitration (3rd Edition 2006) Yves Dezalay and Bryant G. Garth, Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order (1998) Cases African Assurance Corp. v. Aim Consultant Ltd. (2004) 12 CLRN Arbico Nigeria Limited v Nigeria Machine Tools Ltd (2002) 15 NWLR 1 ATT Corporation v Saudi Cable Co [2000] APP.L.R. 05/15 Beccio Silvia, The Role of Arbitration in International Commercial Trade: A Socio-Legal Analysis [Jul 25 2007] Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany Bellview Airlines Limited v. Aluminium City Limited (2005) 7 CLRN KSUDB v Fanz Construction Company Limited (1990) 4 NWLR 1 Compt. Comm. Ind. Ltd v OGSWC (2002) 9 NWLR 629 Orion Espanola De Seguros vs. Belfort Maatshappy Voor Algemene Verzeekgringeen [1962] 2 Taylor Woodrow Nigeria Ltd v Etina Werk GMBH (1993) 4 NWLR 127 Umar v. Onwudiwe [2002] 10 NWLR Pt. 774 Articles Albert Jan van den Berg, Enforcement of Arbitral Awards Annulled in Russia: Case Comment on Court of Appeal of Amsterdam April 28, 2009 [(2010) 27(2) Journal of International Arbitration, 179 Emmanuel Gaillard, The Meaning of ‘and’ in Article 42(1): The Role of International Law in the ICSID Choice of Law Process [(2003) 18(2) ICSID Review – Foreign Investment Law Journal, p.375] Gabrielle Kaufmann-Kohler, Global Implications of the FAA: the Role of Legislation in International Arbitration (American Arbitration Association Federal Arbitration Act at 80 Anniversary Lecture Series, Dublin, 20 May 2005) Gabrielle Kaufmann-Kohler and Fan Kun, Integrating Mediation into Arbitration: Why It Works in China [(2008) 25(4) Journal of International Arbitration] Jan Paulsson, Arbitration in Three Dimensions, LSE Law [(2010), Society and Economy Working Papers 2/2010, London School of Economics and Political Science, Law Department, published at www.lse.ac.uk/collections/law/wps/wps.htm] Jan Paulsson, International Arbitration is Not Arbitration [(2008) Stockholm International Arbitration Review, p. 1] Jan Paulsson, Unlawful Laws and the Authority of International Tribunals (Lalive Lecture, Geneva, 27 May 2009), in 23(2) ICSID Review/FILJ (2008) Karl-Heinz Bà ¶ckstiegel, Past, Present, and Future Perspectives of Arbitration [(2009) 25 Arbitration International, 293] Karl-Heinz Bà ¶ckstiegel, The Role of Arbitration Within Today’s Challenges to the World Community and to International Law [(2006), The Goff Lecture HongKong 2006 in Vol. 22 Arbitration International,   p.165] Michael Hwang, Defining the Indefinable: Practical Problems of Confidentiality in Arbitration [(2009) 26(5), Journal of International Arbitration, pp. 609-645] Michael Hwang, Survey of South East Asian Nations on the Application of the New York Convention [(2008) 25(6), Journal of International Arbitration, ,pp 873-892] Nael G. Bunni, The Arbitration Act 2010 [Novemeber 2010, 76(4), International Journal of Arbitration, Mediation and Dispute Management of the Chartered Institute of Arbitrators] Piero Bernardini, The Role of the International Arbitrator [(2004) 20 (2) Arbitration International, p. 113] William W. Park, Arbitrators and Accuracy [(2010) 1(1), Journal of International Dispute Settlement, 25] William W. Park, Treaty Obligations and National Law: Emerging Conflicts in International Arbitration [(2006) 58 Hastings Law Review 251] Yves Fortier, Arbitrating in the Age of Investment Treaty Disputes†, [(2008) 31 (1), The University of Southern Wales Law Journal] Susan D. Franck, The Role of International Arbitrators, [(2006) ILSA Journal of International and Comparative aw Spring].