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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…

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.

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

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Article
Publication date: 1 October 2001

Jo Carby Hall

Attempts to describe, comment, analyse and evaluate the various facets of the voluntary arbitration scheme. Provides brief information showing the development towards the…

Abstract

Attempts to describe, comment, analyse and evaluate the various facets of the voluntary arbitration scheme. Provides brief information showing the development towards the present situation and provides some explanation. Details the arbitration system, at some length, including structure and proceedings, then attempts to evaluate and analyse the situation in order to draw some conclusions. Suggests that an alternative method of individual dispute resolution is now imperative due to the rise in volume and associated costs. Proffers the use of the ACAS Arbitration Scheme.

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Managerial Law, vol. 43 no. 5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 14 April 2010

Yana Tavanier

Reform is coming too slowly to institutions for adults with intellectual and mental health disabilities in Bulgaria, Romania and Serbia, where chronic neglect, filthy…

Abstract

Reform is coming too slowly to institutions for adults with intellectual and mental health disabilities in Bulgaria, Romania and Serbia, where chronic neglect, filthy conditions, and the use of physical restraints and high‐dosage drugs to control behaviour remain routine.

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Tizard Learning Disability Review, vol. 15 no. 2
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 1 February 1998

Rocco R. Vanasco

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and…

Abstract

This paper examines the role of professional associations, governmental agencies, and international accounting and auditing bodies in promulgating standards to deter and detect fraud, domestically and abroad. Specifically, it focuses on the role played by the US Securities and Exchange Commission (SEC), the American Institute of Certified Public Accountants (AICPA), the Institute of Internal Auditors (IIA), the Institute of Management Accountants (IMA), the Association of Certified Fraud Examiners (ACFE), the US Government Accounting Office (GAO), and other national and foreign professional associations, in promulgating auditing standards and procedures to prevent fraud in financial statements and other white‐collar crimes. It also examines several fraud cases and the impact of management and employee fraud on the various business sectors such as insurance, banking, health care, and manufacturing, as well as the role of management, the boards of directors, the audit committees, auditors, and fraud examiners and their liability in the fraud prevention and investigation.

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Managerial Auditing Journal, vol. 13 no. 1
Type: Research Article
ISSN: 0268-6902

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Article
Publication date: 8 February 2011

Malcolm Dowden

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Journal of Property Investment & Finance, vol. 29 no. 1
Type: Research Article
ISSN: 1463-578X

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The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

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Book part
Publication date: 21 July 2011

Jon S.T. Quah

During a press conference at the Imperial Hotel in Delhi on 13 March 2001, the Internet news site, Tehelka.com, showed secret video footage of senior politicians…

Abstract

During a press conference at the Imperial Hotel in Delhi on 13 March 2001, the Internet news site, Tehelka.com, showed secret video footage of senior politicians, bureaucrats, and army officers accepting money in a fake defense deal. Two journalists from Tehelka, Anirudha Bahal and Mathew Samuel, posed as arms dealers from a fictitious arms company called West End International to sell nonexistent handheld thermal cameras to senior officials of the Ministry of Defense (MOD) in India. Bahal and Samuel paid bribes to politicians, civil servants, and army officers to procure government contracts. The journalists used three hidden cameras to videotape the corrupt politicians and officials accepting the bribes, with the most dramatic video clip showing the Bharatiya Janata Party (BJP) President, Bangaru Laxman, accepting a wad of currency notes from them. Laxman later claimed that he was not guilty of wrongdoing for accepting Rs. 100,000 (US$2,170) as a donation for the BJP. Describing the episode as “concocted,” he added that he had given the donation to the BJP's treasurer (BBC News, 2001a).

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Curbing Corruption in Asian Countries: An Impossible Dream?
Type: Book
ISBN: 978-0-85724-819-0

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Article
Publication date: 1 November 2002

Javed Siddiqui and Jyotirmoy Podder

The study examines the effectiveness of financial audit of banking companies operating within Bangladesh. The scope of bank audit has also been examined. The audited…

Abstract

The study examines the effectiveness of financial audit of banking companies operating within Bangladesh. The scope of bank audit has also been examined. The audited financial statements of 14 sample banking companies have been considered. The study identifies seven sample companies that have actually overstated their profits. In spite of that, the firms auditing those financial statements have failed to issue qualified audit reports. Therefore, the study questions the level of independence, objectivity and competence of the auditors assigned for auditing banking companies.

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Managerial Auditing Journal, vol. 17 no. 8
Type: Research Article
ISSN: 0268-6902

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Modelling the Riskiness in Country Risk Ratings
Type: Book
ISBN: 978-0-44451-837-8

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Article
Publication date: 29 July 2014

Malcolm Dowden

The purpose of this legal update is to examine the recent case law relating to rent review in England and Wales. The paper argues that as rent terms have reduced in…

Abstract

Purpose

The purpose of this legal update is to examine the recent case law relating to rent review in England and Wales. The paper argues that as rent terms have reduced in length, and as market conditions have tended to produce nil-uplifts, there have been relatively few review cases before the court. Cases that reach court tend to fall into two broad categories: contractual interpretation and challenges to third-party determination.

Design/methodology/approach

Review and analysis of case law in England and Wales.

Findings

There are no special rules for interpreting rent review clauses. The court's approach to contractual interpretation follows House of Lords and Supreme Court rulings culminating in Rainy Sky SA v Kookmin Bank (2011). There are also very limited circumstances in which the court will set aside an arbitrator's award, informed by a policy that favours upholding arbitration awards as a quick and cost-effective way to settle rent review disputes.

Practical implications

Rent review clauses must be interpreted in accordance with the normal rules of contractual interpretation. The court is unlikely to be swayed by submissions asserting the “general purpose” of rent review.

Originality/value

This is an original analysis of case law.

Details

Journal of Property Investment & Finance, vol. 32 no. 5
Type: Research Article
ISSN: 1463-578X

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