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Tvistinvestering inom skiljeförfaranden : Särskilt om dess påverkan på kostnadsansvaret och fördelningen av förfarandekostnaderna / Third Party Funding in Arbitration and it's Impact on CostsBark, Karoline January 2020 (has links)
In recent years, international literature and debate has acknowledged the fact that increasingly third party funders, partially or fully, finance a party’s arbitration costs. This essay examines whether a party whom is financed by a third party funder could be seen as having incurred costs and if so, to what extent these costs should be reimbursed by the losing party. This essay also examines if a third party funder in Sweden may be responsible for arbitration costs and if so, on what possible grounds. The essay analyzes the new dilemma of so-called ”hit and run”- arbitration and the relevant principles and interests of its discussion as a way to find a satisfying solution to the complex situation. By examining these matters, the essay uses a traditional dogmatic legal method in order to clarify applicable law and practice. The prevailing consensus amongst practitioners as well as academics, is that how a party chooses to finance its’ arbitral costs should not affect the tribunal’s allocation of costs. The mere existence of a third party funder does not automatically give rise to an exception from chapter 18 of the Swedish Code of Judicial Procedure. Instead, costs should be allocated based on the parties’ conduct of the arbitral proceedings. Article 8 in chapter 18 of the Swedish Code of Judicial Proceedings provides minimal guidance as to whether a party should be considered to have had costs when a third party funder has paid the costs. Instead, from international case law and doctrine its possible to draw the conclusion that a funder whom has a right to be reimbursed for its investment by the financed party is sufficient for the party to be considered to have had costs. However, the reimbursement for the investment to the funder is not a reimbursable cost for the financed party. In the situation that a funded impecunious party loses the arbitral proceedings, the financed party may have no economic possibility to reimburse the counter party. Neither are there explicit provisions that allows for an arbitral tribunal to issue a costs order against a third party funder since the funder is not a party to the arbitration. However, based on case law (NJA 2014 p 877), a third party funder could be responsible for a non funded counter party’s arbitral costs in a subsequent court proceeding (a claim for compensation from the funder). One of the circumstances needed in order for that subsequent responsibility to kick in is that the main purpose of financing the party must have been to avoid the Swedish Code of Judicial Proceedings’ provisions on allocation of costs. The English equivalent is often referred to as alter ego or veil piercing.
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Does the e‐commerce development affect the warehouse and logistics market? / Påverkar e‐hand elsutvecklingen lager- och logistikmarknaden?Nguyen, Binh, Kemkes, Maria January 2016 (has links)
“Property owners who start to understand the new demands from the e--‐commerce companies and start handling the risks it implies can probably have a lot to win.” Johan Franzén, Catena The e--‐commerce sector is growing rapidly as a result of the current digitalization,changing the society's day--‐to--‐day consuming patterns. E--‐commerce companies have a unique set of characteristics, creating new demands within the warehouse and logistics segment in the leasing market. Leases with durations between 10--‐15 years have traditionally been common for warehouse and logistics properties. However the current trend is towards lease agreements with shorter lease duration. This report intends to analyze how the e--‐ commerce expansion affects the warehouse and logistics market, and to determine if the statement regarding if there is a gap between different players in the market holds. The selection of participants in the study consists of e--‐ commerce companies, property owners and third--‐party logistics companies. In addition to this, interviews have been held with a variety of property consultants as well as with a professor in retail and logistics. Using a Qualitative method, the aim to examine the different market participants’ views and perceptions on the subject. The result of the study clearly shows there is an asymmetry between the different participants active within the segment. The e--‐commerce companies demand lease agreements with shorter lease duration, whilst the property owners prefer longer lease durations in order to decrease the risk. Furthermore, shorter lease duration affects the transaction market and property value considerably. The demand for city logistics is increasing and the demand for central warehousing will remain. Finally, it becomes more common with automation in the warehouse and logistics space.
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Noise impact - a liveable or unbearable disturbance - A case study in noise impact during the construction phase of Citybanan and Norra länken. / Bullerpåverkan - uthärdlig eller outhärdlig störning. En fallstudie om bullerpåverkan under konstruktionsfasen av Citybanan och Norra länken.Strömberg, Caisa January 2011 (has links)
Noise is today defined as an unwanted sound that invades the lives of many people in their homes and at work. During a construction phase a large amount of noise is generated that often leads to community complaints. The construction business has to face this issue today when larger infrastructure projects are performed in highly dense areas. Therefore the aim of this Master’s Thesis is to investigate the effect construction noise has on humans and the perceived annoyance in the concerned studied areas, which Bilfinger Berger is contractor for. The impact was studied on both the third party around a construction site on Södermalm, Stockholm and on Bilfinger Berger’s employees on the site. The work concerns three areas, which are situated in the inner city of Stockholm and represent contracts of the infrastructure pro-jects Citybanan and Norra länken. The extensive noise emission during an infrastructure project is affecting the surrounding environment both due to the high noise level that is generated from a number of machines and work activities. Also due to the extensive time frame a project of this kind has. Therefore it is a complex problem to handle and essential for both contractor and client to handle properly. By using appropriate mitigation measures through both the planning stage, the construction phase and clear information towards all parties the impact can be reduced. Through a literature study among the existing science and observations of which mitigation measures are used today to reduce the noise level on sites, a base of theoretical knowledge could be built up for this study. The real noise impact among the affected parties was performed through a survey, which gave results that could be evaluated and discussed. The results from the surveys show that the third party around the workplace is definitely affected by the noise generated from the production. It is also possible to assume that the most affected are persons, which spend a lot of the daytime at home, and therefore feels the noise very disturbing and has to adapt their life after the project’s progress. Through the survey among the employees at Bilfinger Berger a certain acceptance exist towards the noise even if they feel disturbed by the noise. The conclusion drawn from this is that the human attitude to noise impact becomes more positive if they have the knowledge about why and how it arises even if the noise has the same impact on everyone. Therefore the noise issue has to be raised in future projects, even during the tender phase when noise is always easier to control in an earlier stage.
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RTP redirection using a handheld device with MinisipSantillana, Oscar January 2007 (has links)
This report presents several different techniques for diverting RTP streams when using a handheld mobile device. This device is running a version of Minisip as the SIP user agent. An introduction to the SIP protocol is given to provide some background to the reader prior to focusing upon the main goal: redirecting RTP streams. A set of requirements are defined and an RTP media transfer mode is chosen based upon these requirements. The requirements are derived from a study of a Linux cellular phone’s mobile device features and capabilities. Minisip was ported to this platform and a series of tests conducted to evaluate the design decisions made. These tests show that the best method of redirecting RTP media streams is third party call control (3PCC). / Den här rapporten presenterar flera olika teknikerna för att dra RTP strömar när man använder en mobil anordning. Den här anordningen löper en version av Minisip som den SIP användare agent. En introduktion till SIP protokoll är gjord för att ge läsaren någon bakgrund på focusen ovanför det huvudsakliga målet : omdirigerande de RTP strömarna. En set av bestämd behov är definierad och en RTP media transfer sätt är vald på grund av de här behoven. Behoven är härrörda från en studie över en Linux mobiltelefon. Minisip var installerad till den här plattformen och en serie av test dirigerad för att utvärdera de gjorda designsbesluten. De här testen visar den bästa metoden för att omdirigera RTP media strömar är den tredje part kalla kontrollen (3PCC).
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Innovation och utveckling inom TPL - En undersökning om relationer och samarbetens påverkan på innovation och utveckling mellan TPL-aktör och kundBirgersson, Anton, Vinkvist, Rasmus, Landgren, Henrik, Svensson, Simon January 2020 (has links)
Under slutet av 1900-talet började producerande företag fokusera på sina kärntjänster och valde därför att lägga ut de aktiviteter som kunde genomföras billigare av någon annan på en tredje part. Då antalet aktörer inom branschen för tredjepartslogistik sedan tilltagit har konkurrensen på marknaden skapat ett behov för ökad förståelse vad gäller relationer och samarbete som en del i innovation- och utvecklingsarbetet. Syftet med denna studie har därför varit att ur fyra olika TPL-aktörers perspektiv undersöka hur relationer och samarbeten påverkar innovation- och utvecklingsmöjligheter inom TPL-verksamheten. För att kunna besvara studiens syfte består den teoretiska referensramen av vetenskapliga artiklar som behandlar det studerade ämnet. Artiklarna som använts är hämtade från flera olika databaser och de specifika sökningarna innefattar sökord som: TPL, LSP, 3PL, relationship, customer adaption, innovation, network theory samt strategic development. Det empiriska materialet har samlats in genom kvalitativa intervjuer med representanter från de studerade företagen. Med hjälp av den teoretiska referensramen samt det empiriska materialet har företagen sedan kategoriserats utefter roller och interaktionsgrad. Företagens nuvarande relationer har studerats för att sedan undersöka hur de kan utvecklas för att öka innovations- och utvecklingsmöjligheterna, genom nära interaktion med kunderna. Utifrån studiens resultat kan det konstateras att TPL-aktörernas roller varierar beroende på hur de agerar på marknaden. De studerade företagen kan även agera som dirigent på marknaden oavsett vilken roll företagen besitter. Vidare konstaterar studien även att avtalslängden hindrar företagen att skapa ömsesidiga och varaktiga relationer. För att skapa dessa viktiga relationer fastställs det att företagen inom TPL-verksamheten bör agera som en aktör vars relationer stämmer in på kategorierna integrated service agreements och in- house logistics solutions. Företagen kan därefter, med hjälp av tre tillvägagångssätt, arbeta med sina relationer för att utveckla sin egen innovationsförmåga. Studien konstaterar slutligen att företagens innovationsförmåga hindras av den stora prisfokuseringen som finns inom TPL- verksamheten. / In the late 1900s, producing companies began to focus on their core services and therefore chose to outsource the activities that could be carried out cheaper by someone else to a third party. As the number of companies in the third-party logistics industry has increased, the competition in the market has created a need for increased understanding of relationships and collaboration as part of the innovation and development work. The purpose of this study has therefore been to examine, from the perspective of four different TPL companies, how relationships and collaboration affect innovation and developmental opportunities within the TPL business. To answer the purpose of the study, the theoretical frame of reference consists of scientific articles based on the studied subject. The articles used was taken from several different databases and the specific searches include keywords such as: TPL, LSP, 3PL, relationship, customer adaptation, innovation, network theory and strategic development. The empirical material has been collected through qualitative interviews with representatives from the studied companies. With the help of the theoretical frame of reference and the empirical material, the companies have since been categorized according to roles and degree of interaction. The company’s current relationships have been studied to explore how they can be developed to increase innovation and development opportunities, through close interaction with customers. Based on the results of the study, it can be concluded that the roles of the TPL companies vary depending on how they act in the market. The studied companies can also act as orchestrators in the market regardless of the role of the companies. Furthermore, the study also finds that the contract length prevents companies from creating reciprocal and lasting relationships. To create these important relationships, it is stipulated that companies within the TPL business should act as an actor whose relationships fall into the categories of integrated service agreements and in-house logistics solutions. The companies can then, with the help of three approaches, work with their relationships to develop their own innovation capacity. Finally, the study finds that companies’ innovational ability is hindered by the large price focus that exists within the TPL business.
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Third-Party Administrators in Public-Private Partnerships: A Multiple Case StudyHaug, Beata Ewa 01 January 2015 (has links)
Local public agencies turn to public-private partnerships (PPPs) to allow greater participation by private firms in delivering public services. In the last 25 years, private organizations had been reluctant to form PPPs with local government agencies because of the complex procurement processes and the bureaucratic business environment. Guided by the decision theory and complex adaptive systems theory, the purpose of this multiple case study was to identify what information leaders within third-party administrators (TPAs) need regarding the contracting process in the formation of PPPs. The data collection process consisted of face-to-face interviews with 4 executive leaders of 3 Wisconsin state licensed TPAs and examination of contracts and plan service agreements (PSAs) between TPAs and local government agencies. Dada was analyzed using the Yin 5-step data analysis method and cross-case analysis. The results indicated that TPA leaders must understand collaborative leadership, key players, roles and responsibilities, and specialized services in the formation of a PPP; change and transfer of controlling interest, and understanding the strengths and weakness of contract provisions are complex business systems that influence the decision to form a PPP; ERISA and compliance with applicable federal and state laws are critical contract stipulations to consider in the formation of PPPs; that market assessment, health care reform, and transparency between private and public partners are critical in the formation of PPPs. The implications for social change include new insights for PPP leaders that may enhance the effectiveness of social services and save taxpayers' money.
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Cybersecurity in the Retail Industry: Third Party ImplicationsUwakweh, Ozioma I.F 02 November 2020 (has links)
No description available.
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Construction Logistics Solutions in Urban AreasJanné, Mats January 2018 (has links)
More and more people are living in, or moving to, urban areas than ever before. This attraction to urban areas means that new houses and work places are needed. Building new houses or renovating older housing stock is a natural way for a city to evolve. However, the end products of construction projects are produced at their place of consumption. This means that a multitude of materials and resources need to be delivered to, and removed from, each construction site. This leads to new transport flows being created in urban areas. In urban areas, these transports are subjected to space limitations, environmental demands, accessibility demands and noise restrictions. This has led to a situation where material deliveries to construction sites needs to be coordinated and managed in ways that reduce their impact on the urban transport system and at the same time ensuring efficient construction projects. In essence, construction in urban areas faces two problems; the urban transport problem and the problem of coordinating multiple construction stakeholders. One way to address these problems is through the use of construction logistics solutions such as terminals (e.g. construction logistics centres) and checkpoints. The aim of both types of solutions is to control and coordinate construction transports. In the construction industry, these solutions are however, still a rather new phenomenon. This means that how these solutions are perceived by different stakeholders, and the effect the solutions have on material flows and costs, needs to be explored further. The purpose of this thesis is to explore how construction logistics solutions can be used as a means to coordinate material flows to ensure efficient construction and reduce disturbances on the urban transport system. To achieve this purpose, the following research questions have been addressed: RQ1: How are different stakeholders in the construction industry affected by construction logistics solutions? RQ2: How will the use of construction logistics solutions affect material flows and costs in urban construction projects? To answer the research questions two main methodologies have been used; case study research for the empirical studies and literature reviews for the analysis of the case studies as well as for understanding how supply chain management, logistics, and third-party logistics affects the inter-organizational relationships of the construction industry. The main findings of the research are firstly that construction logistics solutions do have a role to play in the coordination of different construction stakeholders. Adding this new node will force construction stakeholders to address coordination issues in order to ensure that material deliveries arrive to construction sites on time. This also implies that new inter-organizational relationships will evolve, where communication is key. However, this may not be an easy task as it will call for an attitude adjustment towards a more open and collaborative environment. Secondly, adding a construction logistics solution can reduce some unnecessary friction between construction stakeholders and third parties. Coordinated material flows can lead to a reduction in the amount of material delivery vehicles that travels to site, thus alleviating some of the congestion in the urban transport system. This will not reduce all friction between construction projects and third parties, but it is a step in the right direction. Thirdly, a construction logistics solution must come with a set of regulations and a governance strategy from the initiator of the solution. This governance strategy must be clearly stated and communicated to the affected stakeholders. To alleviate animosity towards the solution, flexibility and stakeholder involvement is key. If the directly affected stakeholders are consulted on the function, chances are that they will be more accepting of the solution.
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The determining trends of the retail payment marketBERGQVIST, CHRISTIAN, PETTERSSON, ERIK January 2016 (has links)
The retail payment market can be seen as a high velocity market, where the rate of change is high. The future for the retail payment market is uncertain to a large extent. A relatively new phenomenon is the entrance of third party payment providers (hereafter; TPP) who are utilizing the incumbent banks account infrastructure in order access information or initiate payments. A legislation named PSD2 will increase the TPP’s possibilities to utilize the bank’s infrastructure. This makes it possible for TPP to offer new innovative solutions to the end customer. The incumbent actors on the retail payment market have not been successful in regards to innovation, which have given fintech companies room to grow, both in size and numbers. However, the incumbent actors do still possess a strong position, but are frequently challenged by new startups who also want to initiate payments. Historically, the entrance barrier to the retail payment market have been high and the incumbent actors have had an oligopoly position. It has resulted in a lack of competition and a low innovation rate. However, this is starting to change because of new initiatives from EU, where the aim is to increase competition and facilitate a well- functioning retail payment market. Therefore, the increased competition from fintech startups is a relatively new phenomenon and most actors in the retail payment market think it is a beneficial evolution, except few representatives from the incumbent players who are worried that their existing competitive advantages will be outdated. This study provides a picture of how the retail payment market can develop in the future. By determining the most critical trends, it becomes clear what is driving the retail payment market and how the dynamic between actors is changing. In order to get the necessary insights to fulfil the purpose, 18 interviews have been conducted with different stakeholders to the retail payment market. The variation of perspectives of the interviewees give this study a depth that in the end enhance the validity of the result. It is hard to predict the future in a market characterized by high velocity, hence, it is important to understand what trends have the strongest influence on the market. By analysing the interviews, six trends were identified as having a huge impact on the payment market. 1. Merchants are pushing EU to regulate to their favour 2. Access to the information created when conducting payments 3. Incumbent banks have a hard time adopting to new changes 4. New technical solutions enable more actors to create payment solutions with global coverage 5. Actors without payment as core business enter the market 6. New regulations, such as PSD2, aims to increase competition on the retail payment market. Two of these six trends have been identified to be particularly uncertain and having a huge impact on the development of the retail payment market. Furthermore, these two trends are characterised by a dichotomy and the development of them will influence the market in four distinctively different ways. The first dichotomy is whether it becomes easy to be compliant with new legislations, or not. The study shows that if it becomes a heavy burden being compliant with PSD2 and using the technical standard for XS2A, the market will be characterized by economies of scale. If it on the other hand becomes is easy being compliant with PSD2 and initiate payments through XS2A, the overhead costs will decrease and the benefits of scale shrink. The second dichotomy, is whether actors without payment as core business will enter the market, or not. If payments can be seamlessly integrated in other applications, for instance a shopping experience, it is likely that payments will be initiated by actors who does not have payment initiations as core business. However, if it becomes hard to initiate payments on the banks account infrastructure, the attractiveness of having payments as a value adding service fades.
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Cost-Based Decision Making Model for Regional In-House Versus Outsourcing LogisticsLee, Henrik Darren 01 December 2015 (has links) (PDF)
This thesis proposes a model for selecting between insourcing logistics for local distribution and outsourcing these functions to a third-party logistics (3PL) company. Supply chain optimization, as well as global supply chain management, are topics that are now well-covered; local distribution, despite its integral function in an organization, is much less researched. Models exist for network design and optimization, but the practical application of these network models may call for decisions and considerations that are not covered in these optimization models.
A breakeven analysis selection model between using in-house logistic system and 3PL is derived, considering various regional parameters. The model is subsequently tested with sample parameters. Using this system as a basis, the thesis then moves on to analyze the potential of employing in-house logistics where, based on client density, outsourcing to 3PL is initially thought to be more cost-efficient.
The proposed model can be used for the evaluation and selection of logistics systems. In addition, the model can be used for decision making regarding inventory decentralization.
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