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Judiciary plays a pivotal role in the overall development of a nation's economy and its involvement assures process transparency and impartiality. However, litigation is often expensive, uncertain and prone to delays. Notwithstanding such inherent challenges associated with litigation, it is observed that parties in construction disputes do resort to litigation. This study attempts to understand the potential paths triggering litigation of contractual disputes in construction. While extant researchers have identified focus areas or factors influencing litigation, the underlying paths connecting these focus areas, leading parties to litigation, is explored in this study.

Considering the framework of Rachlinski's “framing theory of litigation” and the mixed-methods approach (qualitative and quantitative approaches), this study proposes and validates a model that identifies the paths to litigation of contractual disputes in construction.

The results of in-depth interviews, followed by validation through structural equation modelling (SEM), reveal four critical paths, namely positional focus (PF) – contract and dispute characteristics (CDC) – decision to litigate (DTL), milieu influence (MI) – CDC – DTL, MI-PF-DTL and CDC-DTL.

The identified paths highlight the areas policymakers can consider while developing policy interventions to mitigate litigation.

Researchers have identified factors causing litigation in construction. However, attempts to examine the existence of multi-factor “paths” on the decision to litigate (DTL) have hitherto received a muted response, so this study focuses on identifying the project-level path(s) leading to the litigation of contractual disputes in construction.

We investigate the information content of legal contingency disclosures in corporate filings, specifically their usefulness in predicting settlement amounts and mitigation of market response to litigation resolution news.

Using a hand-collected sample of disclosures for settled US securities class action lawsuits, we analyze the contents of the contingent liabilities disclosure before future settlements and classify them into two categories: “pessimistic” and “optimistic” disclosures. We examine whether the tone of disclosure is associated with litigation outcomes, such as settlement amounts and likelihood of incurring material losses, and its effect on market reaction to settlement announcements.

Disclosures with optimistic views on lawsuits are settled for lower amounts, whereas those with more pessimistic views result in higher settlements. Furthermore, while, on average, investors react negatively to litigation resolutions, the market reaction is attenuated (exacerbated) when a prior legal liability disclosure was pessimistic (optimistic). Additionally, investors value disclosure consistency when a litigation outcome is aligned with its legal contingency disclosure. Finally, disclosure consistency is positively associated with managerial ownership as well as the largest shareholder ownership.

This study highlights that the overall tone in legal contingency disclosures is informative and has valuation implications for capital markets. It also highlights the benefits of consistent disclosure, i.e. litigation disclosure aligned with litigation outcomes, as it is viewed positively by investors.

After completion of the case study, students will be able to understand key stakeholders’ current and future role in a family business using techniques like Gersick 3 Axes Model, understand the power dynamics in a family business, understand the power struggles seen in the family business and understand the challenges in the implementation of a deed of family settlement (DFS) with multiple stakeholders.

Kirloskar group was established in 1888 by Laxmanrao Kirloskar. He started with farm manufacturing equipment and later diversified into various kinds of engine manufacturing units. Kirloskar Group today is an Indian conglomerate multinational company with its headquarters in Pune, Maharashtra; India exports to more than 70 countries, most of which are from Africa, Southeast Asia and Europe. The group was managed as a cohesive unit until Chandrakant Kirloskar was at the helm as the chairman. Each brother’s family was managing a business and companies in the fold in which they started. The Kirloskar Group had first split in 2000 when Bengaluru-based Vijay Kirloskar (Ravindra Kirloskar’s son, fourth son of Laxmanrao Kirloskar) moved out of the group with Kirloskar Electrical while the Pune-based Kirloskar brothers moved out with Kirloskar Oil Engine Engines, Kirloskar Brothers, Kirloskar Pneumatics and related subsidiaries. In 2009, a DFS was signed among the family members, including a noncompete clause against each other regarding the usage of the Kirloskar brand name and the tagline “Kirloskar Enriching Lives.” The current dispute started in 2020 when first Vijay filed a suit against his nephews regarding illegal usage of the Kirloskar brand name for the companies not eligible to use it and second when Sanjay Kirloskar also filed a similar lawsuit against his brothers for illegally using the brand name and violating the noncompete clause. The high court, in its judgment, sent the case for arbitration, but Sanjay approached the Supreme Court of India regarding the stipulated arbitration process. With both sides taking a hard stance, there did not seem to be a quick resolution to this dispute.

This case study is suitable for both undergraduate and postgraduate level in entrepreneurship course and family business course.

CSS 3: Entrepreneurship

Teaching notes are available for educators only.

This pan-Canadian study examines the information practices of STEM-trained immigrant women to Canada as they navigate workfinding and workplace integration. Our study focuses on a population of highly skilled immigrant women from across Canada and uses an information practice lens to examine their lived experiences of migration and labour market integration. As highly trained STEM professionals in pursuit of employment, our participants have specific needs and challenges, and as we explore these, we consider the intersection of their information practices with government policies, settlement services and the hiring practices of STEM employers.

We conducted a qualitative study using in-depth interviews with 74 immigrant women across 13 Canadian provinces and territories to understand the nature of their engagement with employment-seeking in STEM sectors. This article reports the findings related to the settlement and information experiences of the immigrant women as they navigate new information landscapes.

As immigrants, as women and as STEM professionals, the experiences of the 74 participants reflect both marginality and privilege. The reality of their intersectional identities is that these women may not be well-served by broader settlement resources targeting newcomers, but neither are the specific conventions of networking and job-seeking in the STEM sectors in Canada fully apparent or accessible to them. The findings also point to the broader systemic and contextual factors that participants have to navigate and that shape in a major way their workfinding journeys.

The findings of this pan-Canadian study have theoretical and practical implications for policy and research. Through interviews with these STEM professionals, we highlight the barriers and challenges of an under-studied category of migrants (the highly skilled and “desirable” type of immigrants). We provide a critical discussion of their settlement experiences and expose the idiosyncrasies of a system that claims to value skilled talent while structurally making it very difficult to deliver on its promises to recruit and retain highly qualified personnel. Our findings point to specific aspects of these skilled professionals’ experiences, as well as the broader systemic and contextual factors that shape their workfinding journey.

Settlement services in Canada have only recently started offering support and programming for emotional wellness issues faced by newcomers to Canada (immigrants who have been in Canada for less than 5 years). Funding for such services has steadily increased over the past 5 years, particularly in the wake of the COVID-19 pandemic. Greater investment in ensuring the emotional wellness of immigrants is spurring new settlement services and programming. These include a wide array of configurations and approaches across the different geographies of Canada. This is evidence that providing such services for newcomers is in the early stages of implementation, characterised by experimentation and precarity. Mental and emotional wellness programming is in contrast with more established services, such as those meant to provide language learning, where common assessment tools, measures of proficiency and progress are well established. With funding from the Immigration, Refugees and Citizenship Canada (IRCC), this chapter features data from a 2-year project that examined emotional wellness services for immigrants offered in four cities in western Canada between 2018 and 2020. The study used surveys and interviews with clients and focus groups with front-line staff to understand client needs and discern the issues and impact of emotional wellness programming. Findings include apparent limitations in staff capacity and expertise to provide help when needed, the inappropriateness of service models meant for other contexts and complex funding requirements resulting in issues of access and the overall precarity of such programming.

This paper aims to critique the rationalist theoretical framework of international mediation, which ignores emotions in analyzing the decision by conflict parties to pursue a negotiated settlement or continue fighting, and to present an alternative framework that integrates emotions.

The paper draws on psychology research on emotions and conflict to develop an emotionally informed framework for analyzing conflict parties’ decision-making regarding a settlement. It demonstrates the framework’s validity and value through a case study of the 2000 Camp David mediation to resolve the Israeli–Palestinian conflict.

A rationalist approach to mediation does not have adequate explanatory and predictive power theoretically. In practice, it can reduce the prospect of success.

The paper highlights the necessity for mediation researchers to study the effects of emotion, draw on psychology studies on conflict and explore the emotional implications of different mediation strategies and tactics.

The framework highlights the challenge of designing and conducting mediation in a way that cultivates emotions favorable to a settlement and lessens emotions unfavorable to a settlement.

This is the first study, to the best of the authors’ knowledge, to critique the rationalist framework of international mediation studies and develop an alternative framework that integrates emotions.

Sustainable urban development involves integrating intelligent technology into urban planning to promote economic growth, social services, and environmental preservation. It fosters inclusiveness, safety, resilience, and sustainability in urban environments. However, this strategy faces challenges balancing economic growth, social equality, and environmental preservation. Design experts must balance economic development with sustainability preservation to achieve sustainable urban development. They depend on technology for smarter communities. The paper aims to identify the criteria for sustainable urban design and design professionals' bias and their awareness of using the fourth industrial revolution technologies.

The research methodology involves a document review to identify criteria and weights for sustainable urban design. A questionnaire was conducted with 30 design professionals to understand their preferences and biases. A hierarchical framework was created, and pairwise comparisons were computed using an AHP Online System. The weight of each criterion was calculated by aggregating normalized pairwise values within each row and dividing by the total number of cells. The Consistency Ratio (CR) was determined by aggregating the values in the row to produce the weighted aggregate value for each principle.

The document review emphasizes the significance of sustainable urban design, livability, intelligence, and environmental conservation in sustainable communities. However, participants often overlook these aspects, focusing on comfort, privacy, security, and exclusiveness. They also ignore the need for smart city technologies and environmental protection. This lack of understanding may hinder Egypt’s achievement of SDG11.

The paper’s main limitation is the small sample size and composition, as all participants were Egyptians working in Egypt or the Arabian Gulf region. The findings cannot be generalized, and future research could involve a team from different regions. Egypt needs to address the lack of knowledge and awareness of sustainable urban design principles among design professionals to achieve SDG 11 goals. This can be achieved through educational initiatives, readjusting priorities towards sustainability, harmonizing policy and practice with sustainable urban design principles, and interdisciplinary teamwork. Design professionals should customize their methods to suit local requirements and ecological circumstances.

The paper reveals that many design professionals lack an integrated and holistic understanding of sustainable urban design principles that the document review outlined. Their responses and practices reveal an incomplete understanding of sustainable urban development, requiring attention to organizing the profession, training practitioners, and reforming planning education. The paper shows that AHP has the potential to serve as a suitable instrument for decision-making; nonetheless, it is essential to exercise caution when interpreting its outcomes.

The ineffectiveness of flood control in climate-impacted majority-world cities like Jakarta highlights the need for policies that integrate local knowledge and embrace water harmony rather than resistance. This study explores flood adaptation in North Jakarta's kampungs (urban informal settlements), aiming to enhance the efficacy of current flood disaster management. The outcomes of the participatory planning mechanism simulation that we propose are expected to provide valuable insights for the urban planning approach in that city.

We employed focus groups and design charrettes with a bottom-up approach to explore how local knowledge can enhance spatial flood management and urban planning policies. In total, 17 diverse participants, covering various ages and professions, engaged in these activities. Our methods aimed to be culturally sensitive and inclusive, embracing indigenous values like musyawarah and gotong royong. The research methodically examined flood implications and adaptations in informal settlements, progressing through preliminary understanding, data triangulation, and a reflective synthesis of the findings.

Amid worsening global changes like sea level rise, community-focussed, collaborative planning can help create tailored flood-resilience solutions. The research reveals that partnerships between communities and organisations promote city-wide, flood-adapted environments, aligning policy with the needs and goals of those most affected by flooding. This collaboration enhances flood disaster management and planning policies.

This research focusses on Jakarta's flood adaptation and urban planning, reflecting on historical situations relevant to urbanising majority-world countries. Whilst specific to Jakarta, it offers perspectives on managing global environmental challenges such as sea level rise. Subsequent research should prudently consider each locale's distinct geographic and social milieu and the trust in planning systems in applying these findings, methodologies and approaches.

This study clarifies the relationship between disaster management, policy and flood adaptation, focussing on local knowledge in North Jakarta, pertinent to urbanising majority-world nations. Jakarta's historical and modern dynamics, including globalisation, reveal specific prospects and obstacles to applying vernacular knowledge to planning and disaster response. It highlights crucial points for policymakers in the majority of the world to address growing flood risks and create strategies that integrate local and traditional wisdom.