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Article
Publication date: 22 June 2010

Muhammad Abu Sadah

The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found…

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Abstract

Purpose

The purpose of this paper is to examine the main contract principles which govern the international arbitration contract with special emphasis to examine contract principle found of the Middle East, how international principles of contract are perceived in the region, and whether there are any dominant contract principles.

Design/methodology/approach

A general exploratory research procedure used to give a better grasp of various aspects of socio‐legal approaches. The paper seeks to create knowledge that can be used to retrieve some pressing social and organisational understanding in the said region. The first part of the paper examines the role of ethics and tradition in understanding Middle Eastern contract principles. The second part examines the impact of Islamic Law on commercial contract principles. The third section analyses the regional perception of international contract principles. Finally, the paper addresses some contemporary issues of international contracts in the Middle East.

Findings

The paper showed that the legal perceptions of international contract principles reflect regional legal thinking which has been influenced by a mixed understanding of regional traditions, Islamic contract law principles as well as Western contract principles when these principles match regional legal culture. Overall, it showed that still under such mixed understanding, there are strong regional legal traditions and these are found in Islamic contract principles and affects commercial contract experiences. In general, a significant difference still exists between modern international contract principles and those in the Middle East.

Practical implications

The paper generates a knowledge that mixed understanding in regard to international contract arbitration principles due historical and cultural reasoning. Arab States does not share common understanding of international contract principles. Thus, it is very superfluous to propose the argument that there is sole Middle Eastern regional perception which dominates every Arab State. Therefore, special understandings and considerations should be given to every international arbitration contract from certain Arab State entity to another.

Originality/value

The paper provides a clear understanding of the guidelines for international commercial arbitration contract in the Middle East. Legal culture should be taken into consideration if a successful contract implementation has to be achieved.

Details

Journal of International Trade Law and Policy, vol. 9 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 April 1990

Lawrence S. Welch and Anubis Pacifico

The nature and potential of management contracts as a method ofinternationalisation are analysed with reference to Australia′s leadingdomestic airline, Ansett. The restrictive…

Abstract

The nature and potential of management contracts as a method of internationalisation are analysed with reference to Australia′s leading domestic airline, Ansett. The restrictive regulatory environment of the airline industry, especially in Australia, had prevented Ansett from conducting direct international airline services out of Australia. As a result, it was forced to develop international operations by other means. This coincided with a desire by a number of newly independent nations in the South Pacific to set up their own airlines. However, they lacked the necessary finance and expertise, and so looked to the established airlines for an acceptable package. For both sides the management contract with aircraft leasing provided an acceptable answer. Although the arrangements had mixed success for Ansett, they gave it basic experience in international operations which has led to diverse international arrangements – including equity sharing with some airlines, and even more widespread leasing deals. While making a limited contribution in themselves, the management contracts were important as a springboard to wider international involvement.

Details

International Marketing Review, vol. 7 no. 4
Type: Research Article
ISSN: 0265-1335

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

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…

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Abstract

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.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…

88430

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 October 2002

Georgios I. Zekos

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the…

2090

Abstract

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.

Details

Managerial Law, vol. 44 no. 5
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 13 July 2010

Judie Gannon, Angela Roper and Liz Doherty

The international hotel industry's growth has been achieved via the simultaneous divestment of real estate portfolios and adoption of low risk or “asset light” market entry modes…

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Abstract

Purpose

The international hotel industry's growth has been achieved via the simultaneous divestment of real estate portfolios and adoption of low risk or “asset light” market entry modes such as management contracting. The management implications of these market entry mode decisions have however been poorly explored in the literature and the purpose of this paper is to address these omissions.

Design/methodology/approach

Research was undertaken with senior human resource executives and their teams across eight international hotel companies (IHCs). Data were collected by means of semi‐structured interviews, observations and the collection of company documentation.

Findings

The findings demonstrate that management contracts as “asset light” options for international market entry not only provide valuable equity and strategic opportunities but also limit IHCs' chances of developing and sustaining human resource competitive advantage. Only where companies leverage their specific market entry expertise and develop mutually supportive relationships with their property‐owning partners can the challenges of managing human resources in these complex and diversely owned arrangements be surmounted.

Research limitations/implications

A limitation of this paper is the focus on the human resource specialists' perspectives of the impact of internationalization through asset light market entry modes.

Originality/value

This paper presents important insights into the tensions, practices and implications of management contracts as market entry modes which create complex inter‐organisational relationships subsequently shaping international human resource management strategies, practices and competitive advantage.

Details

International Journal of Contemporary Hospitality Management, vol. 22 no. 5
Type: Research Article
ISSN: 0959-6119

Keywords

Article
Publication date: 19 May 2020

Lei Wang, Chun Zhang, Jun Li, Dong Huo and Xing Fan

This study examines how unilateral supplier transaction-specific investments (TSIs), directly and indirectly, influence international buyer opportunism and the extent to which…

Abstract

Purpose

This study examines how unilateral supplier transaction-specific investments (TSIs), directly and indirectly, influence international buyer opportunism and the extent to which detailed contracts enable suppliers to safeguard against international buyer opportunism. The study also examines whether relationship length affects the efficacy of detailed contracts in cross-border outsourcing relationships.

Design/methodology/approach

The hypotheses are tested by using data collected from multiple informants working for 229 manufacturing suppliers in China. Multiple regression with a three-way interaction is used to test the hypotheses.

Findings

Unilateral supplier TSIs encourage international buyer opportunism through increased supplier dependence. Contract specificity negatively moderates the effect of supplier dependence on international buyer opportunism. This moderating effect is stronger in long-term cross-border buyer–supplier relationships than in short-term ones.

Originality/value

The current study extends the cross-border outsourcing literature by examining how emerging-market suppliers in a weak power position can proactively safeguard against international buyer opportunism by using detailed contracts. Our findings show that supplier dependence mediates the relationship between unilateral supplier TSIs and international buyer opportunism; detailed contracts, however, can help dependent suppliers safeguard against international buyer opportunism. In particular, the findings highlight the importance of long-term buyer–supplier relationships that enhance the efficacy of detailed contracts.

Article
Publication date: 1 February 1997

Georgios I. Zekos

Bills of lading had been in use a long time before the first attempts for the standardisation of their terms occurred. Their utility as legal documents was recognised after they…

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Abstract

Bills of lading had been in use a long time before the first attempts for the standardisation of their terms occurred. Their utility as legal documents was recognised after they have been circulated and used in international trade for some time. More clauses purporting to absolve the carrier from liability were introduced in the content of the bill of lading . A formula for the establishment of minimum liability of the carrier was adopted by a series of conferences after the first world war, in order to stop the practice of contracting in ways which would unduly favour the carrier. The whole effort has resulted in the emergence of the international convention for the unification of certain rules relating to bills of lading 1924. In modern days this document started to be used as a register in the book of loading and after years of practice has established as a new document. A bill of lading is a fundamental and vital document of international trade and commerce, indispensable to the conduct and financing of business involving the sale and transportation of goods between parties located at a distance from one another. A bill of lading has commonly been said to have three characteristics : 1} a contract for the carriage of the goods 2} an acknowledgement of their receipt and 3} documentary evidence of title . However, there is an uncertainty and dispute about its contractual nature. The significance of the establishment of the contractual role of bills of lading based on the necessity that any contractual party should know the final terms of the contract upon which the terms of the International Conventions will be implied to. Contractual terms must not be different to these stated by the International Conventions. Is the bill of lading the contract of carriage upon which the terms of the International Conventions are implied to? In this first article it is proposed to investigate the contractual role of bills of lading as it has been perceived in the different international conventions. The analysis will be based mainly on arguments which have arisen from the content of the conventions themselves, than by investigating the national Acts which were introduced in order to implement the international conventions. Reference to other sources, such as court decisions or views of various scholars, will be made in case that there is a straight relation with the construe of the conventions themselves. The main scope is to find out how the international practice is reflected in the writing of the conventions. This article will be the first of a series of articles which will follow and where their contractual role under the Creek, United States and English law will be investigated.

Details

Managerial Law, vol. 39 no. 2
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 19 December 2017

Aliya Hamid Rao

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious…

Abstract

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious in varied ways. Our current understanding of the experience of contract work does not fully encompass this diversity. This chapter focuses on early-career contract workers who contract across national borders – an increasingly prevalent but little understood phenomenon – to broaden our understanding of contract work. I draw on an analysis of 38 in-depth, semi-structured interviews with 30 international and early-career contract workers in the United Nations (UN) system in Geneva, Switzerland. Eight participants were included in follow-up interviews. I find that my participants demonstrate flexibility to their employer. They accept uncertain and short-term contracts, because they hope to secure longer-term positions within the prestigious UN system. Demonstrating flexibility impacts them, their relationships, and has financial implications as participants center the demands of their contracts. At times, participants place limits on how much uncertainty they will bear. This chapter thus illuminates the experiences of an understudied group of contract workers – early-career workers in transnational settings – who fall within the broad umbrella of contract workers. It highlights how even elite workers experience challenges as they engage in contract work.

Article
Publication date: 27 February 2020

Sang Man Kim

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the…

Abstract

Purpose

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.

Design/methodology/approach

This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.

Findings

The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.

Practical implications

The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.

Originality/value

This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

Details

Journal of International Trade Law and Policy, vol. 19 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

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