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Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

The strategic management perspective suggests that organizations structure their governing boards to complement the strategic goals of the organization. In contrast, the institutionalization perspective holds that organizations structure their governing boards to respond to institutional pressures in their task environment. Regardless of which perspective is followed, three structural dimensions of governing boards are expected to be affected: size, diversity of composition, and medical staff representation. A study was conducted to relate the institutional requirements and strategies of acute care hospitals to the structural characteristics of their boards of directors. Results indicated that, after controlling for organizational size and membership in a multihospital system, the governing board structure of 109 acute care hospitals varied significantly both as a function of their overall business strategy and as a function of institutional linkages. However, the proportion of the total variance in board structure accounted for by strategy variables was approximately twice as much as that accounted for by institutional variables.

The purpose of this study is to examine the extent to which the quality of corporate governance mechanisms and growth opportunities affect agency problems in hotel firms.

The effects of cash flows on investments and cash holdings were analyzed using three-stage least square analysis to determine the extent to which agency problems are due to the quality of corporate governance in hotel firms.

The findings showed that the effects of cash flows on investments and cash holdings were greater in well-governed hotel firms than in poorly governed hotel firms. These effects were also greater in low-growth hotel firms than in high-growth hotel firms. However, the results from a concurrent examination of the quality of corporate governance and growth opportunities showed that poorly governed hotel firms with low-growth opportunities are exposed to agency problems.

These results suggest that neither corporate governance mechanisms nor growth opportunities alone indicate agency problems. Theoretical implications are discussed within the realms of free cash flow theory and growth hypothesis.

High-growth hotel firms should retain all of their cash and cash flows to undertake value-increasing projects when they become available. Shareholders’ wealth is more likely to be maximized in high-growth firms regardless of the quality of corporate governance.

Although various aspects of corporate governance have been investigated in hospitality literature, previous studies did not examine the concurrent effects of corporate governance and growth opportunities on agency problems.

The paper aims to investigate the link between models and system results. It looks at fundamental principles underlying social activities and strives to understand the logical role of models in social governing. Based on these a heuristic is assembled enabling the recognition of the specific contribution formal models can provide for social contexts and also for recognizing the limitations that apply.

The heuristic is developed based on first principles of systems theory and cybernetics with particular consideration of managerial cybernetics. It starts with the assumption that human cognition roots in an autopoietic process from which individual “realities” and Weltanschauungen evolve. Interaction then leads human actors to adopt social system notions through which they initiate and constantly reconcile the implementation of their commonly aspired purposes. With system structures, it is referred to how actors relate to each other in governing – which is a key to learning about what models can contribute. Therefore, the concept of system structure is derived from interaction and rooted in the social system notion distinguishing aspects of structural capacity that pre‐condition the implementation of desired social outcomes. Subsequently, a logical anatomy of system notions is revealed and expressed with a set of invariant systemic topics necessary when being addressed in governing.

The paper finds a heuristic for identifying the contribution formal models provide to the governance of social systems and recognition of the benefits and limitations specific models provide to governing. Conclusions are drawn on the pre‐conditions securing sustained organizational development through the application of formal models.

The heuristic assembled in this paper facilitates the harmonization and alignment of models in governance settings. The recognition of the role of models in social governing is identified as a logical pre‐condition of sustainable governance. The heuristic presented facilitates assessing and optimizing governing structures with respect to those pre‐conditions.

The purpose of this paper is to investigate the extent of voluntary disclosures in UK higher education institutions’ (HEIs) annual reports and examine whether internal governance structures influence disclosure in the period following major reform and funding constraints.

The authors adopt a modified version of Coy and Dixon’s (2004) public accountability index, referred to in this paper as a public accountability and transparency index (PATI), to measure the extent of voluntary disclosures in 130 UK HEIs’ annual reports. Informed by a multi-theoretical framework drawn from public accountability, legitimacy, resource dependence and stakeholder perspectives, the authors propose that the characteristics of governing and executive structures in UK universities influence the extent of their voluntary disclosures.

The authors find a large degree of variability in the level of voluntary disclosures by universities and an overall relatively low level of PATI (44 per cent), particularly with regards to the disclosure of teaching/research outcomes. The authors also find that audit committee quality, governing board diversity, governor independence and the presence of a governance committee are associated with the level of disclosure. Finally, the authors find that the interaction between executive team characteristics and governance variables enhances the level of voluntary disclosures, thereby providing support for the continued relevance of a “shared” leadership in the HEIs’ sector towards enhancing accountability and transparency in HEIs.

In spite of significant funding cuts, regulatory reforms and competitive challenges, the level of voluntary disclosure by UK HEIs remains low. Whilst the role of selected governance mechanisms and “shared leadership” in improving disclosure, is asserted, the varying level and selective basis of the disclosures across the surveyed HEIs suggest that the public accountability motive is weaker relative to the other motives underpinned by stakeholder, legitimacy and resource dependence perspectives.

This is the first study which explores the association between HEI governance structures, managerial characteristics and the level of disclosure in UK HEIs.

The paper aims to account for the substance of non‐linear governance change by analysing the importance of sector‐specific institutions and the pathways of governing they create.

The analysis uses recent reforms of the governance of medical performance in four European countries as a case, adopting an inductively oriented approach to comparison. The governance of medical performance is a good case as it is both, closely related to redistributive policies, where the influence of institutions tends to be pertinent, and is subject to considerable policy pressures.

The overall thrust of reforms is similar across countries, while there are important differences in relation to how individual forms of governance and the balance between different forms of governance are changing. More specifically, sector‐specific institutions can account for the specific ways in which reforms redefine hierarchy and professional self‐regulation and for the extent to which reforms strengthen hierarchy and affect the balance with other forms of governance.

The recent literature on governance mainly focuses on mapping out the substance of non‐linear change, whereas the development of explanations of the substance of governance change is less systematic. In the present paper, therefore, it is suggested coupling the notion of non‐linear change with an analysis of sector specific institutions inspired by the historical institutionalist tradition to better account for the substance of non‐linear governance change. Further, the analysis offers interesting insights into the complexity of redrawing boundaries between the public and the private in health care.

Inter‐governmental organisations (IGOs) are established and governed, directly or indirectly, by sovereign states. As the number and significance of these organisations has grown, so too has interest in their governance. This article examines two factors that make the governance of IGOs unique: the dual purpose of IGO governance and the dual purpose of IGO representation. The tensions between these two purposes are analysed, and the consequences for three key aspects of governance are discussed: relations between delegates (representatives of sovereign states accredited to an IGO) and secretariats (the managers and staff of an IGO); responsibility for overseeing management; and decision making in meetings. It is clearly demonstrated in this paper that strengthening the governance of IGOs is essential to increasing both their effectiveness and the unique role they play in the global field. This can be done only by understanding the unique nature of governance in IGOs, by clarifying governance and management roles in these organisations, and by putting in place mechanisms to fully support both roles.

The purpose of this paper is to report the results of a study carried out to determine the effect of governing boards on the performance of Ugandan secondary schools. Specifically, the study investigated whether governing boards (board role performance, finance committee role performance, board size, frequency of board meetings and board finance expertise) have an effect on the perceived performance of the schools.

This study is cross-sectional and correlational. Data were collected through a questionnaire survey of 271 schools out of which 200 responded. The data were analysed through ordinary least squares regression using Statistical Package for Social Scientists.

The results suggest that board role performance, finance committee role performance, frequency of meetings and finance expertise of governing boards have a significant effect on the schools’ performance.

The authors measure some of the variables qualitatively and perceptively contrary to, for instance, the commonly used quantitative measures of performance, but process factors which are inherently qualitative in nature can better explain variances in secondary schools’ performance. Thus, in this study, the authors do not claim highly refined measurement concepts. More research is therefore needed to better refine qualitative concepts used in this study. The results too suggest that board and finance committee role performance and finance expertise of the board are more important for performance of a school than board size, and frequency of meetings which academics have been focusing on. These findings call for more research to validate the posited relationships.

The results are important for governing board policy development; for example, in terms of prescribing the qualifications for schools’ governing board members and also finance committee board members.

This study shows that one way to capture the influence of all governing boards’ roles including service role is to adopt a perception-based approach which asks respondents to what extent they think governing boards fulfil all their roles. Unlike previous studies which used proxies for board role performance such as proportion of non-executive directors and board size for monitoring and control and resource provision, the study incorporates proxies as well as perception-based measures of board role performance to determine if governing boards have a significant influence on the performance of Uganda secondary schools.

The final decade of the twentieth century saw a major shift to self‐governance for schools in many countries, including the UK and Australia. This trend is underpinned by the assumption that greater autonomy will lead to improved educational outcomes. The impact of self‐management on principals and schools is now well documented but much less attention has been given to the implications for governance, a significant omission as the process of decentralisation transfers responsibilities to governing bodies rather than school principals. Reviews the main issues of governance and illustrates them from the research in England and Wales and in Australia. It joins the debate about the appropriate balance between governance and management for governing bodies and examines the lay/professional interface in school governance. It assesses governors’ role as representatives of school interest groups and concludes by setting out a research agenda for governance in self‐managing schools.

The purpose of this paper is to explore military service-linked economic and social governing initiatives in early twentieth-century Sweden, and thereby offer a broadened understanding of educational institutions as governing arenas.

Using the term “governing” to describe and analyse various calculated techniques of the state – and/or affiliated governing actors – to influence and direct the behaviour of conscripts in order to deal with particular economic and/or social problems, the author ask what kind of economic and social problems policymakers and social commentators of education were looking to deal with, why military service was considered a suitable means and/or setting for doing so, and what governing techniques they proposed be used. The author furthermore take in consideration the intimate links between citizenship, gender, and military service and argue that the governing initiatives analysed enables us to understand these links in partly new and a more concrete way.

The study shows that there were numerous ideas and requests amongst policymakers and social commentators of education on making use of the nation’s conscription scheme for non-military purposes as it provided the nation with a unique opportunity to reach and influence entire generations of men on the threshold of adulthood. Proposals included, e.g., the use of various forms of instruction in assorted subjects, facilitation of base libraries and an extension of the period of military service, in order to deal with economic and social problems such as, e.g., mass unemployment, alcohol abuse, elementary education deficiencies, and uneducated voters, as well as shortages of skilled personnel in particular branches of great importance for the nation’s economy.

While there is a sizable and growing body of research on governing initiatives in non-military educational settings, proposed and implemented to solve various economic and social problems in society, scholars in Sweden and elsewhere have largely overlooked the use and role of military service in such undertakings. This paper seeks to redress the balance and thereby offers a broadened understanding of educational institutions as governing arenas.