En av de mest framstående fördelarna med skiljeförfarande som tvistlösningsmetod är att parterna har möjlighet att utse skiljemän som de känner förtroende för och som har sär- skild kompetens för tvistens avgörande. Enligt 8 § lagen (1999:116) om skiljeförfarande (LSF) ska en skiljeman vara opartisk, och om det finns omständigheter som rubbar förtro- endet för skiljemannens opartiskhet ska denne skiljas från sitt uppdrag. Om en skiljeman är partisk kan även skiljedomen klandras och upphävas. Denna uppsats syftar till att utreda skiljemäns (o)partiskhet enligt 8 § LSF samt att försöka fastställa gällande rätt för partiskhet i relationen mellan skiljeman och partsombud. Relationen mellan skiljeman och partsombud är inte reglerad i LSF men i rättspraxis finns vägledning för vilka omständigheter som kan vara av förtroenderubbande karaktär. HD har fastslagit att en hög standard ska gälla för den aktuella relationen. Enligt domstolen är det förtroenderubbande om en advokatbyrå där skiljemannen är anställd har en affärsmässigt betydelsefull relation med en part eller närstående till part i skiljeförfarandet. Vidare har HD anfört att det även kan vara förtroenderubbande för skiljemannens opartiskhet om en advokatbyrå medverkat till att en viss skiljeman ofta får skiljeuppdrag. Svea hovrätt har konstaterat att det även är förtroenderubbande om en delägare i en advokatbyrå tjänstgör som skiljeman i ett skiljeförfarande där ena parten är motpart i en annan tvist till ett annat företag som har skiljemannens advokatbyrå som ombud. Vidare har advokatetiska regler en preventiv funktion för att motverka partiska skiljemän. En advokat som handlar i strid med sådana regler är dock inte automatiskt att anse som partisk enligt 8 § LSF. / One of the most prominent advantages of arbitration as a form of dispute resolution is that the parties may appoint arbitrators who they have confidence in and that have particular expertise in the question of the dispute. According to 8 § of the Swedish Arbitration Act (SAA), an arbitrator must be impartial and an arbitrator shall be discharged if there exists any circumstance which may diminish confidence in the arbitrator's impartiality. The arbi- tration award may also be challenged and set aside, if the arbitrator is biased. This thesis aims to examine the arbitrators’ (im)partiality according to 8 § SAA, and to de- termine when the relationship between an arbitrator and a legal counsel is considered to undermine the confidence in the arbitrator's impartiality. The relationship between an arbitrator and a counsel is not regulated by SAA but circum- stances that diminish the confidence of the arbitrator’s impartiality have been subject to ju- dicial review. The Supreme Court has set high standards for the relationship in question. For example, it is according to the Court confidence diminishing if the arbitrator’s law firm currently has a significant commercial relationship with one of the parties in the arbitration as well as when a law firm contributes to that a particular arbitrator often receives assign- ments as an arbitrator. In addition, attorneys’ codes of conduct have a proactive function to prevent biased arbi- trators. However, a lawyer who violates such rules is not automatically seen as biased ac- cording to 8 § SAA.

No description available.

The majority of companies in Taiwan are small and medium businesses, and most of companies are run by couples. Therefore, it is very common to see boss¡¦s wife in the company. Nonetheless the boss¡¦s wife puts different amounts of effort in the family field and the work field depending on the amount of her participation in managing family business and which stages of the family life cycle she is in. That is, the boss¡¦s wife frequently has a trade off between family and work life. The purpose of this study is to discover what kinds of conflicts the boss¡¦s wife experiences when looking after both work and family and how they cope with conflicts and thus balances their work and family life. This study has adapted case study method, a way of qualitative research to collect and analyze data. The propositions are as follows: Proposition 1: If the boss¡¦s wife takes her participation in family business, it is the extension of family responsibility, and they will be involved in managing the company. Proposition 2: Housekeeping is remained as the boss¡¦s wife¡¦s major responsibility. However, the boss and his parents will lower their expectations of housekeeping quality in order to lessen the loading of the boss¡¦s wife in the family field. Proposition 3: Motivated by family responsibilities, the boss¡¦s wife will look after both family and family business. Proposition 4: Prerequisites of maternity and intentions to take on the family role first, even if the permeability of family boundary is higher, the work and family conflicts come mainly from family interference with work, not vice versa. Proposition 5: One of characteristics embedded in the boss¡¦s wife¡¦ work is work-family boundary ambiguity. Proposition 6: It is because the boss is considerate to the fact that his wife is too busy to look after both the work filed and the family filed and vice versa, spouses can eliminate each other¡¦s role conflicts.

Conflicts between a married couple bring about impacts upon the family. As divorce rate surges, numerous researches have pointed to the confrontations between husband and wife as the highly relevant contributing factor. Domestic violence has gone from bad to worse over the past few years as well. This study is aimed to identify different levels of physical violence resulting from arguments between married female teachers and their husbands. It further explores the influence of the wife¡¦s altruistic or egoistic attitude on marital conflicts. Some married female elementary school teachers in Kaohsiung City have been chosen as the subjects of the study. Research has been done to find the link between the wife¡¦s altruistic/egoistic character and occurrences of domestic violence amidst conflicts. This study also examines how the subjects¡¦ personality traits and other personal backgrounds interplay with egoism or altruism, which determines the likelihood of domestic violence. A conclusion may be drawn that the more egoistic a married female elementary school teacher is, the more likely domestic violence is to erupt amidst conflicts with her husband. On the contrary, the more altruistic she is, the less likely violence is to happen. The severity of domestic violence varies with the teacher¡¦s years of service, the number of children, and the degree she holds. It is noteworthy that the higher degree the husband holds, the more likely the married couple may end up in physical clashes. The number of romantic relationships the subject had prior to the marriage suggests difference in the likelihood of the couple¡¦s arguments ending in violence. Namely, the more relationships she had, the more possible it is for the marriage to witness violent episodes. If the teacher generally gets along well with her husband, they are much less likely to be involved in physical fights when having an argument. Her expectations of the marriage also determine the possibility of violent incidents. In other words, the less she expects of her marriage, the greater the possibility of abusive occurrences, and vice versa. Analyses of the female teachers¡¦ backgrounds help identify contributing factors of domestic violence. Her years of service at school may result in difference in likelihood of violence, but no significant correlation has been detected. However, the number of children, the couple¡¦s highest degree, the number of romantic relationships prior to the marriage, spousal closeness, and her expectations of the marriage are all significant variables in the probability of domestic violence. Married female teachers¡¦ attitudes have been categorized as either altruistic or egoistic in the research to facilitate the analysis of their relevance to domestic violence amidst conflicts between a couple. By means of Chi-square analysis, the subjects can be classified into four types, ranging from extremely suited for matrimonial and familial life to self-centered. Each type has significant contributing factors that determine the significant differences in degrees of domestic violence.

The main purpose of the thesis is to analyze the phenomenon of conflicts between urbanism and ruralism, which reveals the development of early Chinese society and social collective consciousness, thereby comprehending the social meanings of Congwen Shen¡¦s novels; to explore the connection of themes of conflicts between urbanism and ruralism, tradition of the May Fourth realistic literature, and the early local realistic literature, and to interpret the literary meanings of Shen¡¦s novels. Besides the introduction and conclusion, the text is divided into three parts: Chapter Two is the ordination of sociologists¡¦ research on the transition of Chinese society from Ching dynasty to 1949, to serve as the frame of reference of Shen¡¦s novels for later-on discussion. Chapter Three is to apply Lucien Goldmann¡¦s literary critique to analyzing the binary opposite structure in Shen¡¦s novels and homologies of Chinese economy, politics, cultural transition, and collective consciousness. Chapter Four is to analyze the theme of urban and rural conflicts in Shen¡¦s novels, which may inherit from the tradition of realistic literature, to compare similarity and dissimilarity of the important local realistic literature in 1920s or 1930s, and to explore how the author and the social collective keep objectivism and subjectivism in balance, thereby evaluating the status of Shen¡¦s novels in early Chinese literature.

Thesis (M.S. in Operations Research)--Naval Postgraduate School, June 2004. / Thesis advisor(s): Thomas Lucas. Includes bibliographical references (p. 82). Also available online.

Thesis (M.S.)--Brigham Young University. Dept. of Civil and Environmental Engineering, 2003. / Includes bibliographical references (p. 85-89).

National Swedish environmental objectives and detailed development plans A good built environment - a change of perspectives The aim of this paper is to analyze if the environmental quality objectives ‘a good built environment’ can be implemented in the municipal detailed plans and/or how it is done today. In addition to a number of interviews with people within the academy and government, a document analysis of detailed development plans has been done. As of today, you can not completely do planning based entirely on the environmental objectives and it is perhaps not desirable. In the study it emerges that there are uncertainties in what the environmental quality objectives really are and how they should be used, therefore, is also the implementation of the objectives to some extent different in the detailed development plans (if they are used at all). Within the environmental objective ‘a good built environment’ and its sub-goals one can find both concrete and more unsolid goals, as part of this, goal conflicts arise and problems with implementing the various goals within detailed development plans. Some conclusions are that short-term economic goals stands in the way for a change in perspectives that is needed, if goal achievement should be reached.

The past ten years has been a decade of land wars in India. Rapid urbanization is spilling beyond city boundaries into the highways connecting large cities, instigating a frenzied consolidation and conversion of agricultural lands into urban/industrial lands. This process is fraught with conflict, as different social groups compete to stake their claims on the land value increments - the increases in land value due to the change in land use from agricultural to non-agricultural - of these newly converted highway lands. Against the backdrop of conflictual land consolidation processes, this dissertation examines the unique case of the Pune highways, located in the state of Maharashtra in India. Along some of Pune’s highways, agrarian landowners – sometimes voluntarily and sometimes with the mediation of bureaucrats – are pooling their fragmented agricultural lands, converting them to urban and industrial lands, and forming collective institutions of land ownership to own and control these newly converted highway lands. In other words, agrarian landowners along these highways are not being displaced from their lands. Instead, they are capturing some or all of the land value increments, and are benefiting from the urban transition. I examine the conditions that made these collective institutions possible in the Pune region, and the possibility and desirability of transferring these conditions to other regions elsewhere that are mired in similar land conflicts. My main finding is that the core of India’s land conflicts is a change in the valuation of land from fertility to location. This new, highway-induced restructuring of the land market interacts in complex ways with older caste-based forms of agrarian land control and these changes in land-based social relations is the source of conflict. India’s rapid urbanization along highways is taking place not within cities, but in-between cities, and is leading to new forms of politics that defies the urban-rural dichotomies. I also use Pune’s land conflicts and cooperatives as a window into the broader phenomenon of India’s 21st century transition from an agrarian to urban economy, and articulate the major elements of the new regional institutions that are needed for managing land markets during an uncertain urban transition.

The leader of preschool institutions has to deal with various conflicts which he/she has to participate in and even exercise the role of mediator between the employees while solving different institutional tasks and controlling relationships at work. Conflicts, their causes and solutions at work in educational system, beginning with preschool institutions, are not given proper attention, although this problem exists. The aim of present work is to analyze conflicts which rise at work in preschool institutions. The present paper consists of three parts. The first part discusses the notion of relationships conflicts at work, various classifications, functions and causes of the conflicts. The second part focuses on the analysis of how to regulate the conflicts at work, what is the influence of working atmosphere to the problem of conflicts, the specific features of the conflicts and their solutions. What is more, the same part deals with the methods of prevention of those conflicts given by various authors. The third part presents the analysis of relationship conflicts at work. In order to analyze the conflicts at work in preschool institutions, their causes and the behavior of employees and the leader solving them, the research was hold in February-March, 2006. The leaders and some of the employees (teachers and other service personnel) of Vilnius preschool institutions were given anonymous questioners. As the part of the questioners did not return after the first poll, the... [to full text]