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1 – 10 of over 1000The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual…
Abstract
The Supreme Court judgement, Kailash Nath Associates v. Delhi Development Authority consolidates the law on award of liquidated damages and stipulations on penalties. Contractual damages are to cover losses and not to profit from or penalise the party in breach. Stipulated amounts in damages or penalties are appraised by the courts and only a reasonable compensation is given. Earnest money, and its forfeiture, stood distinct. It could be forfeited without appraisal. The case integrates the different categories and re-states the principles for award of damages.
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Elias Götz and Michael Jonsson
The purpose of this paper is to provide an overview of anti‐money laundering (AML) efforts and high‐risk sectors in Georgia, and explain changes in this field over time.
Abstract
Purpose
The purpose of this paper is to provide an overview of anti‐money laundering (AML) efforts and high‐risk sectors in Georgia, and explain changes in this field over time.
Design/methodology/approach
This case‐study draws on a political economy‐approach, based on the argument that “political will” provides the best explanation for the quality of AML efforts in transitional economies, as opposed to “technical assistance” or the sophistication of the domestic financial system.
Findings
The study finds that AML efforts have drastically improved in Georgia following the Rose Revolution, even though significant high‐risk sectors remain and a certain tendency towards “selective implementation” of AML regulations can be detected.
Research limitations/implications
Implies that the “political will” of the ruling elite and the promotion thereof should be increasingly incorporated into research on AML, especially as regards explaining the quality of implementation and enforcement of existing laws.
Practical implications
Implies that technical peer evaluations resulting in “naming and shaming” of jurisdictions that do not live up to international AML standards may not in and by themselves be enough to further efficient implementation, but need to be complemented by policies creating incentives for the domestic political elite to encourage de facto implementation of de jure regulations.
Originality/value
Provides the first comprehensive overview of AML efforts in Georgia and points to important explanatory factors underlying changes in this field.
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The paper examines the public procurement experiences of India and China during the Covid-19 pandemic and locates them in a framework it proposes. The paper aims to enrich the…
Abstract
Purpose
The paper examines the public procurement experiences of India and China during the Covid-19 pandemic and locates them in a framework it proposes. The paper aims to enrich the knowledge of how public procurement could be strategically used in emergencies.
Design/methodology/approach
For the two countries, the paper sieved through government orders and notifications promulgated during and for the pandemic, examined the prevailing laws and statutes that were invoked and comprehensively scanned online news portals to gather evidence. In addition, the author also engaged with select, relevant people in the sector who offered useful information about ground-level scenario.
Findings
It is found that as compared to China, in India (a) despite the presence of significant flexibilities, (b) there was a little divergence from standard procurement practices, perhaps explained by (c) weaker governance capacity and legitimacy, (c) more allocative (rather than structural) goals of procurement and (d) higher levels of centralization.
Research limitations/implications
The findings of this paper are based entirely on secondary evidence limited to health care as a category of spend. This paper looks at two large countries and not their internal variations in procurement quality. The framework can also be enriched further by drawing additional categories to make the theoretical framework more promising.
Practical implications
The underlying design and motivation of public procurement policies in India need significant changes to make procurement policies responsive to disasters. Also, one can learn decentralization during emergency from the otherwise centralized politics in China.
Originality/value
To the best of the author’s knowledge, this paper is the first attempt to compare pandemic procurement-related policies of the two large countries across the Himalayan border. It also attempts to develop a scale/framework on which emergency procurement in countries can be assessed.
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Anton S. Ovchinnikov and Elena Loutskina
In the early months of the 2007-08 financial crises, a loan manager faces a real estate financing decision. Should he approve a bullet structure three-year loan to a longstanding…
Abstract
In the early months of the 2007-08 financial crises, a loan manager faces a real estate financing decision. Should he approve a bullet structure three-year loan to a longstanding client, a legendary Texan developer? The developer, who near retirement downsized his business, is seeking financing for his only project: residential or commercial development on an attractive piece of land in suburban Houston. The loan manager considers the decision in light of the mortgage market turmoil, seeing commercial projects as safer, but also factoring that the residential market could bring higher returns if the market stabilizes soon. The manager collects the data and asks an analyst to assess the risks; that ultimately requires assessing the economics of both projects from both the bank's and the developer's perspectives. The bank could still change the interest rate on the loan to receive adequate compensation for the risk it carries, but the loan manager knows that doing so will change their long-term client willingness to take on the loan.
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Denise Akason, Bill Bennett and Franco Famularo
The Hotel Perennial case puts students in the shoes of Dan Jameson, founder and CEO of a boutique real estate private equity firm called EL Investments (ELI), as he wrestles with…
Abstract
The Hotel Perennial case puts students in the shoes of Dan Jameson, founder and CEO of a boutique real estate private equity firm called EL Investments (ELI), as he wrestles with the decision of whether or not to acquire the distressed Hotel Perennial, a 194-room hotel on the north side of Chicago, Illinois. When making the investment decision, Jameson (and students) must consider various factors: What is ELI's implicit investment strategy, and what are the firm's core competencies? What are Jameson's goals for growing ELI, and how might the acquisition of the Hotel Perennial fit with those goals? What opportunities and challenges might ELI face if it decides to acquire the hotel? How much would a buyer likely have to pay for the Hotel Perennial to achieve an attractive return? In addition to containing a hotel valuation and modeling exercise, the Hotel Perennial case also exposes students to several real estate industry concepts and terminologies, including those regarding the hotel sector, equity sourcing, and distressed investing. The case material assumes that students have taken an introductory real estate finance course or have relevant work experience.
-Show students how an investment decision can go beyond simply “crunching numbers” and projecting an internal rate of return to include considering an individual's or firm's strategic objectives and core competencies. Students should think through how to
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Tharun Dolla, Ganesh Devkar and Boeing Laishram
The effect of the chosen procurement model on the contractual performance is an important but less researched area in governance literature. Therefore, the aim is to study the…
Abstract
Purpose
The effect of the chosen procurement model on the contractual performance is an important but less researched area in governance literature. Therefore, the aim is to study the ramifications of procurement options on the contractual hazards emanating due to information asymmetry.
Design/methodology/approach
Four Indian MSW case studies provided the necessary evidence for the present study. Cross case analysis was conducted from the perspectives of information asymmetry, contract management skills of urban local bodies (ULBs), and uncertainty.
Findings
The findings suggest that bundling of MSW supply chain would increase the uncertainty of the project, and that contract management skills have a detrimental effect but more in a bundled project. Accordingly, occurrences of information asymmetry and related contractual hazards are more in bundled projects.
Practical implications
The present understanding of the ULBs is not realistic enough to consider the full complexity of the strategic interactions between agents who are privately informed in an ill-developed institutional setting of the MSW sector. The current study will help untangle these complexities in keeping with the procurement model. Thereby the ULBs can focus on the steps required to address the residual uncertainties.
Research limitations/implications
Limitations concerning generalizability of the findings to other projects, sectors, and geographical settings apply to this study.
Originality/value
This study provides significant practical directions on the sources of information asymmetry and its relation to the chosen procurement model, which is ignored thus far by the researchers and practitioners.
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The case deals with an ethical dilemma of an entrepreneur. Chandran, a qualified contractor, had secured an electrical contract from a premier government organization. It was a…
Abstract
The case deals with an ethical dilemma of an entrepreneur. Chandran, a qualified contractor, had secured an electrical contract from a premier government organization. It was a turnkey project to be executed in a given period of time. In the process of work, he comes across major problems. He could not abandon the project or compromise on his moral values. He wanted a way out to salvage this project that was slowly slipping from his control. This case examines the ethical issues that confront small businesses, employees, suppliers and key stakeholders of every organization and explores the mindset of participants, their personal values and their decision making rationale. The participants get an opportunity to identify with the difficult choices a business situation may throw when ethical mindset clashes with the decision making process.
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Abstract
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Ronald S. Tibben‐Lembke and Dale S. Rogers
Changes over the last 30 years have given companies increased flexibility and control over their logistics activities. During this same period of time, financial markets have…
Abstract
Purpose
Changes over the last 30 years have given companies increased flexibility and control over their logistics activities. During this same period of time, financial markets have embraced stock options, which allow buyers the right but not the obligation to purchase a stock at a specified price in the future. Recent technological developments could enable the trading of formalized options around transportation and logistics services. This paper aims to propose a framework for enabling managers to extend the use of options to the future use of logistics resources.
Design/methodology/approach
Presents a conceptual model that is based on research within the field.
Findings
This paper presents a framework for using transportation options in a similar manner to stock or commodity options: a shipper would buy a transportation option from a carrier, or a carrier's agent, which would give the shipper the right but not the obligation to send a shipment in a particular freight lane at a specified future time, for a specified future cost.
Originality/value
The paper provides a new method for structuring future logistics shipments.
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The purpose of this article is to discuss how minimum subsidy auctions have been implemented in Chile and India for Internet and mobile phone infrastructure to and identify…
Abstract
Purpose
The purpose of this article is to discuss how minimum subsidy auctions have been implemented in Chile and India for Internet and mobile phone infrastructure to and identify lessons for governments considering reverse auctions as a tool. In a minimum subsidy auction (also known as a reverse auction), the government starts by offering the maximum funds available for a given public project; the company requiring smallest subsidy wins.
Design/methodology/approach
The article investigates several case studies of subsidy auctions in both Chile and India.
Findings
When firms compete for subsidies in reverse auctions, they have incentives to get the most result for the least funds. This furthers the government’s goal to achieve maximum public policy impact with minimum budget.
Originality/value
For developing countries, very little research has been done on implementation of auctions in the communications sector.
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