Search results

This theme will be addressed through main points: Special Nature of Investment Disputes and its methods of peaceful settlement. International legal framework governing Arbitration in investment disputes: A. Multilateral legal framework. B. Bilateral legal framework/Investment promotion and protection agreementsTypes of arbitration in investment disputes. The Egyptian experience in investment disputes arbitration. The National legal framework. Egypt on the map of investment disputes in the world. A case study. Conclusion: Results related to the legal framework regulating investment disputes in Egypt. Results related to The arbitration cases against Egypt.

The researcher investigates the subject of international arbitration in investment disputes in the framework of voluntary theory, which is based on the premise that the satisfaction of people who are addressing the international legal norm is the basis of the same rule. In other words, the basis of international law is based on the satisfaction of the State and other international legal persons Both, and then express or implied consent.

Despite the availability of domestic and regional arbitration mechanisms in Egypt represented by a large number of cases.

The theme for the study primarily on Egypt and the international arbitration of investment disputes, through theoretical and practical study of disputes arbitration which Egypt is a party defendant in which to focus on what was issued in which the provisions of the International Center for Settlement of Investment Disputes, in an attempt to find out the reasons for the verdicts image released it, where it came mostly against Egypt, and whether these judgments against them in investment disputes due to reasons related to the legal framework of the arbitration process, or for reasons of bodies of arbitration issued by those provisions, or to the defense, which represents the Egyptian party, or to the circumstances Economic and political (which represents the investment climate).

The proposed solutions to improve the conditions and factors surrounding the arbitration disputes that Egypt is waging against foreign investors, whether they are initially alleged or accused of drafting agreements and contracts, through amending the relevant legislation and laws, selecting arbitration bodies and defense bodies.

Mediation is defined as a process, whether referred and agreed to by the expression mediation, pre-litigation mediation, online mediation, community mediation, conciliation or any other expression of such similar import, whereby party or parties, request an independent third person referred to as mediator or mediation service provider to assist them in their attempt to reach a peaceful settlement of a dispute. The peaceful settlement of any dispute to be initiated, processed, guided and moderated in the process of successful mediation before parties, needs mediator to have four major new skills such as witness-awareness, stillness-concentration, empathy-motivation and a pragmatic-sensibility for fulfilling the aims and outcomes of mediation. These four skills are deeply inward and psychological, which can be accessed and empowered by an exercise of deepening experience called spiritual in content and application. However, a crucial interchange of meaning and value that very often come into this situation between spirituality and psychology is an important one to be mentioned here. The two seemingly distant disciplines of experience, one of psychology and another of spirituality lies in the orientation that an individual and a collective give to life and world as a whole. When life and world are accepted in totality, spirituality can be life-affirmative and world-embracing giving us a direction to the individual psychological states of though-emotion-sensation-behaviour complex to embrace and enhance values of inclusion, harmony and development at the collective and universal level. These psychological states, both individual and collective, gradually open the vision and mission of values to live within and outside, to be and to become, and finally manifest a future world of stability, order, richness and growing perfection by solving challenges that come to our existence. It makes life both spiritual and earthly. This chapter demonstrates that this kind of spiritual meaning, value and experience entering into and operating through psychological capacities give mediator four major new skills for easing the process and purpose of mediation exercise. One, an objective awareness to witness the proceedings of the mediation calmly within the conscious cognition and without having any bias and fixed beliefs towards any issues of the parties. Two, a stillness with sensory concentration to avoid unnecessary reactions or agitations that human nature is prone to in taking sides on issues or become lop-sided in approach and consequently affecting mediation's outcome of peaceful settlement. Three, an empathy that animates and motivates parties to look for win-win situation for both as against the adversarial method currently present in the legal system where one party loses and another party gains grounds, which results in bitterness in parties' relationships, rights and obligations. Four, a pragmatic sensibility or practical responsibility by which costs or damages or injuries of all kinds such as social, economic, profit-loss ratio, psychological or organizational stress etc., can be pre-calculated, meaningfully distributed and harmonized between parties by the mediator. With millions of pending legal cases in the existing system of the courts of law that are supposedly designed to provide access to justice and, unfortunately have become fragile as a result of severe shortage of resources of all kinds to deal with sheer quantity and intricate complexity of issues in the disputes, applied spirituality in mediation can pave way for easy, flexible, quick, cost-effective and satisfactory justice to both sides of the parties when these four major new skills are developed through application of spiritual experience and experiments in the whole process of mediation. The author explains in this article the method of acquiring these four major new skills in experiential form in any mediation scenario and the rationale for infusing applied spirituality in mediation. Author also discusses the Indian situation of mediation in the light of new developments sought for enhancing the alternative dispute resolution. At the end, this chapter demonstrates the bigger picture that represent the need of spirituality using these four major new skills while mediating challenges of sustainable development. It will be shown in the end how spirituality, sustainability and mediation for settlements of disputes of sustainable development have something common, core and collective. This is the premise based on which the relationship between applied spirituality and mediation in overcoming the challenges of sustainability are expressed with the help of intuitive, inspirational, integrative and intelligent actions for a sustaining our future age, new humanity and harmonious space.

To empirically study the determinant factors of adopting work–life balance measures at the firm level.

After reviewing the main theories that explain work–life balance practices, IBEX-35 Spanish companies during 2015–2019 are studied to see whether the firm sector, the presence of female employees, qualified personnel, a company agreement and an equality plan determine these types of practices.

The results indicate a negative relationship between the firm activity sector and adopting work–life balance practices. Industrial companies offer fewer work–life balance measures than service companies. A company agreement implies more extensive adoption of work-life practices. Older companies are characterized by greater adoption of work-life practices, in contrast to their level of profitability that is associated negatively with these practices.

Since it is difficult for industrial companies to change their idiosyncrasies, it is necessary to incorporate other measures that promote work–life balance, such as timetable flexibility. Companies and policymakers should promote the advantages of a company agreement to contribute to the implementation of work–life balance practices.

The empirical evidence is scarce, especially in Spain and at the company level, given that most previous studies have focused on workers and the Anglo-Saxon sphere. Given the growing interest in this topic in the business world, the authors intend to contribute to this scarce literature by incorporating variables considered in previous studies, as well as other more innovative ones (agreement, equality plan) in a single model through a longitudinal study.

Estudiar empíricamente los factores determinantes de la adopción de medidas de conciliación a nivel de empresa.

Tras revisar las teorías que explican la adopción de prácticas de conciliación, se estudia para las empresas españolas del IBEX-35 durante el periodo 2015–2019, si el sector de actividad, la presencia de mujeres y de personal cualificado, así como la existencia de un convenio de empresa y de un plan de igualdad, determinan este tipo de prácticas.

Los resultados sugieren una relación negativa entre el tipo de sector al que pertenece la empresa y el índice de conciliación. Las compañías industriales poseen un menor índice de conciliación que las de servicios. La existencia de un convenio de empresa permite un mayor índice de conciliación. El índice de conciliación tiene mayor nivel de implantación en las empresas con mayor antigüedad si bien un mayor nivel de rentabilidad está asociado de modo negativo con las prácticas de conciliación.

En las empresas industriales es necesaria la incorporación de otras medidas que fomenten la conciliación, como, por ejemplo, la flexibilidad de entrada y salida. Animar a las empresas y policymarkers a incidir en las ventajas de un convenio de empresa puede contribuir al fomento de la implantación de medidas de conciliación.

La evidencia empírica es escasa para el caso español, y a nivel de empresa, dado que la mayoría de estudios previos han analizado al trabajador como objeto de estudio y pertenecen al ámbito anglosajón. Considerando el creciente interés de este tema en el mundo empresarial, se pretende contribuir a esta escasa literatura en España, incorporando tanto variables consideradas en estudios previos como otras más novedosas (convenio, plan de igualdad) a través de un estudio longitudinal.

This paper aims to explore how authentic corporate social responsibility (CSR) activities can serve as a proactive service recovery tool and shield service providers from the negative consequences of service failures. Specifically, the authors investigate the conditions under which such activities can encourage conciliatory behavior among aggrieved consumers and how adding reactive service recovery tools to the mix interferes with the process.

The authors conduct three experiments on an online panel and college student participants. The authors present a service failure scenario at a restaurant (late/subpar food delivery); vary the restaurant’s CSR activity (authentic, inauthentic or nonexistent); and test CSR’s impact on conciliatory behavior, the underlying mechanisms and how reactive service recovery tactics (apology/compensation) moderate the process.

The authors find that authentic-CSR activities (relative to inauthentic or no-CSR activities) indirectly promote conciliatory behavior by (serially) making the failure appear as a onetime event and lessening consumer anger toward the service provider. However, the process gets disrupted when the authors add an apology/compensation to the mix, ostensibly because the latter is a more direct signal that the failure is a onetime problem.

To the best of the authors’ knowledge, this is the first study that tests how authentic-CSR activities can serve as a proactive service recovery tool and encourage conciliatory behavior among aggrieved consumers (a serial mediation process). The authors add value by showing that the process cuts across cultures (with participants from the USA and Turkey) and that CSR activities are indispensable when customers do not complain but simply exit the firm.

This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies.

This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context.

Actual outcomes of the complaints fall into three categories. Firstly, withdrawal by the complainant – these cases demonstrate missed opportunities for the EOC to address inequalities within the system affecting the future and well-being of the individual. Secondly, closed by the EOC – these cases show a bounded process for redress. Thirdly, referral for conciliation or to the tribunal – these cases require additional documentation or support.

The briefing saves busy executives, strategists and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

This article argues that truth recovery practices that take place against the backdrop of ongoing settler colonial erasure, as is the case when considering Zionist colonial violence in Palestine, must focus on combating state-sponsored attempts at erasure, rather than solely providing a platform for the expression of settler guilt.

The article analyses existing literature on truth recovery practices that take place in Palestine, including the work of a variety of local NGOs engaged in such praxis, with a view to considering how this form of transitional justice has germinated incrementally in the space. Critical reflection on the work of a variety of grassroots NGOs is situated alongside other forms of transitional justice intervention.

The article argues that in the context of enduring settler colonialism, the truth regarding past Zionist atrocities in historic Palestine must avoid being curated in the present day in such a way as to allow for damage limitation rather than the platforming of conversations around meaningful repair. Truth recovery for recovery's sake serves only to reinforce the settler colonial status quo rather than properly agitate for a full decolonisation, one that demands and facilitates indigenous Palestinian return.

The article challenges prevailing notions of the role of truth recovery practices in spaces of enduring settler colonial value. It makes clear that the role of truth recovery interventions in sites where colonial violence endures must be to actively and meaningfully support activities that reinforce native identity, history and presence on the land. Moreover, by reference to existing grassroots attempts at truth recovery in Palestine, the article provides an original and clear argument that states it is simply not enough to platform the revelation of uncomfortable truths or to provide opportunities for settler violence of the past to be “confessed” in public if it is disassociated from challenging the present-day structures of ongoing oppression.

This study aims to propose and evaluate a novel framework of strategic adaptability in dyadic negotiations. The authors define strategic adaptability as a reaction to a cue that leads to shifts between integrative and distributive strategies. Based on the literature on turning points, phase models and strategic negotiations, the authors developed an initial framework identifying five distinct strategic adaptations.

To verify the framework, the authors analyzed two negotiation simulations with a diverse set of negotiation students. Negotiations were content-coded, and adaptations were labeled.

The authors found a consistent pattern across two studies. Overall, 12% (study 1) and 18% (study 2) of all speaking turns were identified as strategic adaptations. The findings empirically confirmed four of their strategic adaptation types: adapt to deadlock, follow adaptation by opponent, adapt to priority of issue under discussion and adapt to new information on issue. Moreover, findings of this study revealed two new types of strategic adaptability: delayed adaptation to opponent and adapt to understand opponent. Study 2 additionally revealed that strategies vary with the negotiation phase, and negotiation outcome seems to benefit more from the constellation rather than the frequency of adaptations. Furthermore, lower-scoring negotiators tended to adapt to the opponent’s strategy instead of initiating a change in strategy.

The findings of this study provide preliminary insights into how strategic adaptations unfold. These findings present future research opportunities to further test the framework's robustness, increase the knowledge of individual and cultural factors, explore the relationship with negotiation outcomes and develop educational interventions to enhance strategic adaptability.

This paper aims to overcome the limitations of studies on work-life balance, which have focused on Western countries without considering “mental” dimensions of gendered childcare. By concentrating on South Korea as a case study, this paper also aims to examine how the gendered division of childcare changed when Korea's work-life/family policy followed European work-family conciliation policy.

The Korean Time Use Survey (KTUS) in 2009 and 2019 are used for multiple regression analyses. Based on discussions about theories on unpaid work distribution within households and its stratification effects, this study examines the relationship between wife's and husband's behaviors and the stratification effects in the gendered division of childcare alongside the work-life/family policy change.

Substantial findings indicate the necessity of strengthening various legal and institutional structures that might increase husbands' characteristics of caring masculinities. Additionally, while policies developed to support flexible working arrangements, low-income women at risk of being trapped in dual poverty of time and income should be carefully considered.

This study focuses especially on South Korea, thereby contributing to understanding how national policy and gendered distribution of childcare are related. Notably, this link has not been widely discussed in the literature on work-life balance. It also suggests viable directions for future policies depending on gender and socioeconomic status.

The article explores to what extent party politics has influenced the different trajectories in Spain and Italy in terms of gendered active social policies (ASPs) (i.e. ALMPs and WLBPs). Second, it investigates how social and political modernization in the two countries has facilitated or hindered party competition on gendered ASPs.

To investigate to what extent parties support gendered ASPs, the article relies on an original content analysis of party manifestos issued during the 2010s national elections. A total of 1387 quasi-sentences have been coded. The results were then quantified to graphically show how positions differentiate across parties and countries.

The content analysis of party manifestos displays that party politics matters: gendered ASPs are backed in a very different way by the Spanish and Italian parties. While in Spain all political parties have strongly championed ALMPs and WLBPs, this is not the case for the Italian parties. The research has also stressed that the specific path of social and political modernization is an important intervening variable that alters positively or negatively parties' support for gendered ASPs.

The article contributes to widen theoretically and empirically the literature on ASPs in the Southern European countries. Theoretically, it questions the supposed homogeneity of the Southern social model and investigated the alleged bifurcation between Italy and Spain, focusing on those policies – ASPs – that constitute the foundations of the Southern model: familialism and dualization. Furthermore, this bifurcation was analyzed adopting a gender perspective, and exploring adherence to or departure from the Southern model. Third, the article focuses on the politics of ASPs demonstrating that inspecting the political arena can contribute to explain policy change.

Aesthetic labour explains how employees are required to look and sound the part in many contemporary workplaces. That such corporeality affects workers' employment prospects, including career progression, is now well documented in research. As such, it can result in employment discrimination based on physical features, more commonly known as ‘lookism’. However, very few jurisdictions proscribe lookism, and little is known about the efficacy of those that do. Based on archival research, this chapter examines the procedures and operation of physical features inclusion in an Equal Opportunity Act in one jurisdiction that does proscribe ‘lookism – the state of Victoria in Australia. As the first analysis of such laws, the chapter provides an important opportunity to assess the efficacy of legal attempts to address employment discrimination based on employee appearance. In so doing, it draws out lessons about the legal challenge to lookism.