Arbitration Law

Section A

Question 1

Introduction

In jurisprudence the discussion regarding legal reasoning and legal method hold immense importance and has been a significant challenge mainly for legal philosophers. The comparatively stumpy significance in legal reasoning methodologies may possibly be elucidated by the fact that this has been a less challenging portion of legal conjecture. Among legal methods the most important one is perhaps the dispute resolution approach. In Jurisprudence lawyers have their distinct approaches from developing legal reasoning of different cases to the resolution of the legal issues. The rule of law is based on the value of legal and logical reasoning. It rests on the quality of the methodological approach by lawyer in formulating the legal arguments. The rule of law advocates that identical cases must be decided and approached with similar means, each case must be decided after a thorough evaluation of its merits and that the processes involving decision making must comply with regulations pertinent to the evidence and procedures. Crafting the reasoning behind the decision making approaches transparent and exposed to scrutiny relocates the decisions from being subjective preference to being objective rationale.

Thus an essential means of achieving the rule of law is evaluating and articulating the different components of legal reasoning. It is also concerned with the interpretation concerned with understanding constitutions, regulations, statutes, harmonizing primary policies and principles. It is important in adopting and amending official set of laws and applying those rules to case.The paper outline the causes and points that must be kept into consideration while drafting arbitration clauses for both, Doyle and Berger Burger and Birger.

Discussion

Fracking is a process directly affecting environmental conditions. Hence the foremost issue that should e considered in the contract must surround all possible environmental affects and their consequences which will be shared by both the organizations.

This must be kept in mind in all possible ways. The marine and costal protection clause should also be added regarding the protection of marine life from potential industrial waste and about ensuring the conservation of species. Furthermore the clause must require measures to be taken in order to ensure clean and healthy living environment for marine animals.

The third millennium is unimaginable without the legal protection of the environment. In this task, in reducing the global environmental problems, the practical significance is comparative analysis of the environmental legislation of the countries of the world. Compare and contrasts the differences and similarities that the home countries of the two firms share before drafting clauses and settle on a middle ground agreeable to both of them.

Draft out the ethical dimensions of disputes that can likely trigger up. For every organization there is a code of ethical conduct and values. These ethics are values and principles used within an organization to manage its activities and decision within the framework of strategies that can serve in best possible interest to the corporation. The framework of the code of ethics directs the effective management of the organization in regards with its programs, policies, goals and decisions ...