International Commercial Arbitration Essays

International Commercial Arbitration Essays International Commercial Arbitration Essay International Commercial Arbitration Essay Student Number: 16476928 PART I: Question 1 (30 marks) â€Å"An international arbitration procedure is governed by the terms of the agreement between the Parties, by the Rules under which they have chosen to conduct their arbitration, and by the legislation of the jurisdiction in which they have chosen to arbitrate. † Discuss how these three elements interact from the drafting of the dispute resolution agreement through to the enforcement of the resulting Award. International arbitration is the process in which disputing parties from different states can elect to resolve their disputes. The outcome of this is a binding award that due to international law of the New York Convention, can be enforced in many countries. International arbitration awards are final and binding, and their enforcement in provided for by the New York Convention[1]. International arbitration is often described as a hybrid of dispute resolution, as it permits parties a uniquely broad flexibility in designing arbitral proceedings. The elementary factor of all international arbitrations is that it is consensual. Simply, without an agreement to arbitrate, there will be no arbitration. Consent is fundamental in the arbitration process and begins from the very first decision to enter into an arbitration agreement[2]. In addition, the terms of the arbitration agreement between the parties plays a primary role in governing the arbitral proceedings[3]. The inclusion of an arbitration clause in a contract streamlines the resolution of a dispute between the parties, as it sets out procedures from he beginning. By drafting a dispute resolution agreement that specifically accommodates the needs of each party, there is greater assurance of a successful negotiation. The terms between the parties and the Rules which they have chosen to govern their arbitration are highly influential in shaping the dispute resolution process and the outcome. By choosing pre-existing arbitration rules and procedures, as opposed to ad hoc, par ties may feel more secure in the outcome as they are using an established format that has already been proven workable. Pre existing rules offer parties support and guidance throughout the process which can be very significant in shaping this process, as well as the enforcement of the final award. In effect, an institutional arbitration entrusts the arbitration to a major institution, while ad hoc is conducted without this guidance or organisation. For this reason, ad hoc arbitration can be more flexible. [4] Arbitration Rules act as a predetermined system of guidelines and procedures to assist parties throughout their arbitration process. For example, the UNCITRAL Arbitration Rules are a set of procedural rules that afford model arbitration clauses for parties to use in their contract, procedures to be used for appointing arbitrators and policies to conduct arbitration proceedings, as well as requirements regarding the arbitration award. Arbitration clauses commonly state that the parties are bound by the specific Rules of the Arbitration provider that they have chosen. Consequently during the drafting of the dispute resolution clause, parties make a conscious decision on what Rules they want to conduct their arbitration under, as these are the Rules that will govern a future dispute if it arises. Many agreements may not expressly include or outline the provider’s rules, yet they are considered part of the agreement between the contracting parties. Arbitration agreements are often pursuant to a standard form arbitration clause from the institution which they choose to refer to[5]. Rules of each institution provide procedures and policies that are to be followed and adhered to in the event a dispute arises. Inevitably, they will thus govern, to an extent, the procedure conducted in the international arbitration. Many countries laws allow parties generous freedom in deciding the procedures that they would like to govern their arbitration. This is apparent as parties can adopt and incorporate procedural rules of a specific institution, which consequently have a significant influence on the arbitration procedure. Thus Rules chosen by the parties to conduct their arbitration are highly formative in determining the style of the arbitration procedure. As institutional Rules vary, so does the structural style of the arbitration. The freedom given to parties in drafting their arbitration agreement is vast, and is one that is often utilised[6]. While institutional rules outline procedures that are to be taken, detailed regulation of the procedure is up to what the parties agree upon and/or what the tribunal decides. The autonomy of the parties involved in the dispute is said to be a guiding principle in determining the procedures that are to be followed in international arbitrations[7]. The terms of the contract between the parties outlines the obligations that each party has agreed to perform. These terms are used to interpret and resolve any disputes which may arise, in conjunction with the arbitration Rules that have been chosen[8]. The terms of the agreement between the parties create the foundational contractual basis of the agreement. Refusal or failure to perform a contractual obligation will lead to a breach of one of these terms which consequently creates a dispute between the parties. It is then that the arbitration clause is invoked. The law that is applicable to the arbitration agreement is sometimes expressly chosen by the parties. Often the substantive law that governs the main contract between the two parties is the law which governs the arbitration agreement. [9] The procedural law that applies to the arbitration must not be overlooked, as it impacts greatly on the arbitration procedure. Procedural law under which the parties have chosen to arbitrate may require or stipulate specific arbitral procedures or restrain procedures. In addition the procedural law influences the enforcement of the arbitral award. Consequently any exceptions to the enforceability of arbitral awards must be assessed under application of the relevant procedural law in which parties have chosen to arbitrate[10]. There are only limited grounds in the New York Convention for refusing to recognise or enforce an arbitral award[11]. If an arbitration agreement is not valid under its governing law then it is not enforceable. Most of the trading states have legislation regarding arbitration that corresponds with the rule of the New York Convention, which states that arbitration agreements are ‘presumptively enforceable’[12]. If there is a valid arbitration agreement between parties, this confers jurisdiction upon the arbitration tribunal to arbitrate. As a result, the disputing parties are ‘contractually obligated to submit their dispute to arbitration. ’ It is this arbitration agreement, as well as the law governing the arbitration, which vests power in the arbitrators[13]. The New York Convention provides that procedures must be in accordance with the agreement between the parties, and it is this which illustrates the significance that party autonomy plays in the arbitration process. However it is also noted that limitations do exists on this autonomy as a result of mandatory provisions of the law of the state in which the arbitration is conducted. These mandatory provisions mostly designate the boundaries in which arbitrators and parties are to work within[14]. Globalisation has increased trade and investment which has demanded need for methods of resolving disputes which are then enforceable. International Arbitration meets this demand as it allows for flexible and accommodating dispute resolution which is governed by the choices and promises between parties. Arbitration offers flexible procedural rules and practiced legal principles to parties to resolve their disputes. The settlement of international disputes by arbitration is an invaluable feature of the world’s current legal landscape. Carefully drafted arbitration clauses allow parties substantial control over the resolution of their dispute[15], and thus the Rules under which they have chosen to conduct their arbitration play a pivotal role in the arbitration procedure. BIBLIOGRAPHY Clayton Utz ‘A guide to International Arbitration’ (2012) A Guide to International Arbitration- Second Edition. Emilia Onyema, International Commercial Arbitration and the Arbitrator’s Contract, (Taylor and Francis Group 2010) Gary B. Born , International Commercial Arbitration: Commentary and Materials, 2nd edition (Kluwer Law International 2001) Gary B. Born , International Arbitration and Forum Selection Agreements: Drafting and Enforcing, 3rd Edition (Kluwer Law International 2010) Gloria Miccoili, ‘International Commercial Arbitration’ The American Society of International Law. Jeff Waincymer , ‘Procedure and Evidence in International Arbitration’ (2012) Kluwer Law International. Julian M. Lew , Loukas A. Mistelis , et al. , Comparative International Commercial Arbitration, (Kluwer Law International 2003)Randy J . Aliment, ‘Alternative Dispute Resolution in International Business Transactions’ The Brief, 2009 Nigel Blackaby , Constantine Partasides , et al. , Redfern and Hunter on International Arbitration, (Oxford University Press 2009) PART II: (60 marks) 2. The dispute resolution clause is imperfect. Under which Rules will the Claimant likely have instituted arbitration proceedings? State your reasons. [3 marks] Claimant will likely have instituted arbitration proceedings under the ICC Arbitration Rules as they are referred to in the dispute resolution clause of article 47. The facts also state that the claimant filed its Request for Arbitration with the ICC Secretariat in Hong Kong. Also it is likely that the claimant will use the ICC Rules as they are applicable to different legal traditions and to disputes between parties from different parts of the world, regardless of whether they are members of the ICC or not. Furthermore the ICC Rules are purposed for the use of worldwide proceedings conducted in different languages and laws[16]. In addition, ICC Arbitrations can be held anywhere in the world and awards are enforceable in many of the world’s trading nations. By choosing to follow ICC Rules there is greater assurance of a nonpartisan framework to guide the dispute resolution process for parties involved in international commercial business transactions. 3. Draft a better arbitration clause for this Design Agreement. [4 marks] â€Å"Article 47: In the event of any dispute arising out of or in connection with the present contract, the parties agree to submit the matter to settlement proceedings under the ICC ADR Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for ADR or within such other period as the parties may agree in writing, such dispute shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration. The place of the arbitration will be Melbourne, Australia. The language of the arbitration will be English. The agreement is governed by Australian law, and all disputes arising out or in connection with this agreement shall be resolved in accordance with, the law of Australia. † Assume for the purpose of the remaining questions that the ICC Court accepts the case. 4. The ICC Court decides to appoint a sole arbitrator. Is the ICC likely to choose either Dr Sunderkay or Ms Ixtapa, or someone else? State your reasons. [3 marks] In cases such as this one where there is a sole arbitrator, the process for choosing the arbitrator is dependent on how the decision was made to have a sole arbitrator. In this case, the Court decided that there would be a sole arbitrator and thus the parties will not be granted any extra time to agree on an arbitrator but instead the Court will directly proceed to appoint a sole arbitrator[17]. The ICC is likely to choose someone else, pursuant to Article 13 of the ICC Rules as the disputing parties have not come to agreement about an arbitrator. Under the Rules, the Court must choose an arbitrator while considering their nationality, residence and other relations with the parties and persons in the dispute. The Court has wide discretion under Article 13 to exercise its powers in appointing the sole arbitrator. 5. Who decides which language is to be used in the arbitration proceedings? What is the decision likely to be, and why? [3 marks] Usually the language to be used in the arbitration proceedings is decided and specified in the arbitration agreement between the parties. However, in the absence of such agreement between the parties, the language shall be determined by the arbitral tribunal pursuant to Article 20 of the ICC Rules[18]. In this process, consideration is given to relevant circumstances, specifically the language of the original contract. In this case the decision is likely to be English as the contract appears to be in English. This will be a relevant factor in the decisions of the arbitral tribunal. As English is not the native language of both parties to the dispute, interpretation will be necessary, the costs of which are to be shared equally by the parties[19]. The choice of the language to be used in the proceedings must be carefully considered. Fairness is critical and enquiry must be made to ensure that one party is not disadvantaged by the decision, and that there is not too much delay in hearings[20]. Bearing in mind that the Terms of Reference, the procedural timetable and the procedural orders are to be drafted in the language of the arbitration, the decision of which language to use in the arbitration is a preliminary and critical step. 6. How is the president of the tribunal likely to be chosen and why? [3 marks] Where an arbitration is to have three arbitrators, the third arbitrator will act as the president of the arbitral tribunal. Generally this president will be appointed by the court unless parties have agreed to another process for this[21]. The president of the tribunal is chosen pursuant to Article 13 of the ICC Rules which outlines the ‘Appointment and Confirmation of the Arbitrators’. In choosing the president the ICC Court will consider the prospective arbitrator’s nationality and residence as well as the relationships he/she might have with countries which are involved in the arbitration process, as well as the prospective arbitrators availability and ability to arbitrate within the Rules of the ICC[22]. The Secretary General may authorize a person nominated by the parties to the dispute or a person pursuant to the agreement between the parties, as the president of the tribunal, provided they satisfy requirements in Article 13(2). If the Secretary General finds that a president of a tribunal should not be confirmed, this matter will be then submitted to the Court. Where it is up to the Court to appoint an arbitrator, such appointment shall be made upon proposal, and if this is not successful, can directly appoint any person who the Court finds to be suitable[23], the criteria of such suitability is established in Article 13(4). The president of the arbitral tribunal shall be of a nationality different to those of the parties to the arbitration. However, where circumstances allow and where neither party objects, the president of the Tribunal may be chosen from a country of which either party is a national[24]. As there is much disagreement between the parties surrounding the appointment of arbitrators and no agreement has been come to, it is likely that the Court will choose the president of the tribunal. Furthermore, the dispute resolution clause under Article 47 of the Futurocity Project Agreement states that ‘parties agree that their dispute shall be resolved†¦.. sing one or more arbitrators chosen by the ICC Court of Arbitration’. 7. The parties have agreed that the place of the arbitration (seat) is Melbourne Australia. The dispute resolution clause stipulates that â€Å"New York law is to govern†. Who will decide which procedural law to use? Which jurisdiction’s procedur al law will likely be used? Why? [3 marks] The procedural law of an arbitration is also referred to as the lex arbitri or the curial law. Procedural law is dependant on the seat of the arbitration. Distinction must be made between the Procedural law and the Substantive law. Procedural law establishes the role that local courts will have in the arbitration process. When an arbitration uses a set of procedural rules such as the ICC Rules, the effect of the procedural law is reduced. Pursuant to Article 19 of the ICC Rules, arbitration proceedings are to be governed by the ICC Rules, and where the Rules are silent, proceedings are to be governed by rules that have been chosen by the parties. If the parties to the dispute have not decided on the procedural law to be used, it will be the task of the arbitral tribunal. As the procedural law is likely to be chosen in conjunction with the seat of the arbitration, it is likely that the procedural law of Australia’s jurisdiction will be chosen in this case. The choice of procedural law is an important one and careful choice must be made. If parties do specify the procedural law to be used, it is easier if there choice is the same as the seat of the arbitration. The procedural law affects the enforceability of the award and thus is an important decision in the arbitration process. 8. Make a complete list of the Issues which the Tribunal will have to determine in order to decide this dispute. 8 marks] Is there jurisdiction? Does the Tribunal have jurisdiction over this matter? Have the mediation requirements specified in the arbitration clause been satisfied? Has there been an actual breach of the contract between Condesign and Statinvest? If there has been a breach? What kind of breach? Is it a fundamental breach? Who is responsible/liable f or this breach? Is it Statinvest or SSS Corp? Has the new government actually ‘decreed that Statinvest shall no longer be allowed to administer any internal project of Ruritania’, as alleged by the Respondent? What issues surfaced in the private half-day meeting that was attended by the CEO’s of the two parties? Does the Respondent owe damages and interest as claimed by the Claimant? Should the breach of the Respondent (if there is found to be a breach) terminate the second contract? Should the breach of the Respondent (if there is found to be a breach) discharge the claimant from further obligations with respect to the Futurocity Project? Who is in possession of the Letter of Credit? Is the Respondent obligated to return the Letter of Credit to the Claimant which was provided by the Claimant as Performance Guarantee for the successful completion of the Second Stage of the Futurocity Project? Who is responsible to pay all the costs Arbitration and should th ey fall soley on one party? Should the Claimant have known that the person Mr Dupont wrote to regarding the mediation had left Statinvest? And did this affect Statinvest’s participation in the mediation process? If above affected the mediation process, does it render the Request for Arbitration premature? Did the Claimant name the wrong party in the Request for Arbitration? Is SSS Corp the only proper respondent? Or is Statinvest also a respondent? What is the effect of the new currency restrictions in place since the Revolution on this dispute and this contract? Does the Respondent have a legitimate excuse out of the Design Agreement on the ground of legal impossibility? What should the language of the arbitration be? Assume for the purpose of the remaining questions that the Tribunal has decided that it has jurisdiction to hear this case. The tribunal is you, the sole arbitrator appointed by the ICC. 9. The Respondent writes to you requesting an order for security for costs, stating that the Claimant is a small company with a very weak credit history. If Respondent wins the arbitration, and obtains an order for costs, it is unlikely to be able to enforce that order, because the Claimant has no assets available to pay it. a) How do you deal with this request? [3 marks] It is appropriate to put costs protections in place where there is risk of one party not being able to meet costs that may be ordered at the time of the arbitral award. The Rules of leading arbitral tribunals adopt different approached to the issue of security for costs. The ICC Rules do not specifically deal with security for costs. However, Article 28 outlines the guidelines of ordering ‘Interim and Conservatory Measures’. This provision allows for broad scope for the sole arbitrator or arbitral tribunal to grant a measure such as the one requested by the Respondent in this scenario, as the tribunal considers appropriate. The wording of this provision allows for great flexibility, scope and interpretation. Therefore as sole arbitrator I would weigh up the relevant criteria to determine whether I will grant the request of the order for security of costs. In addition, Section 23K Model Law allows the arbitral tribunal to order security for costs ‘at any time before the award is issued’, while keeping in mind the criteria specified in Section 23K(2) ML. b) What criteria do you use in deciding whether or not to grant the order? [3 marks] In deciding whether to grant the order or not, the sole arbitrator must weigh up the negative and positives. Consideration must be placed on whether the claimant’s financial situation could possibly jeopardize the recovery of legal costs if they were to be awarded. In addition, an order for security for costs would serve to deter against frivolous claims made by the claimant. However security for costs also places considerable practical and financial constraints on the ability of the claimant to proceed with what may be legitimate claims. For such reasons it can be viewed as a limitation on the right to a fair hearing for the claimant. In addition the claimants financial capacity must be weighed up to assess whether it would be of great disadvantage to burden them with security of costs. In deciding whether to grant the order the tribunal must ask themselves if the claimant is already in financial difficulty[25]. Furthermore, if ordering security for costs, the tribunal must make sure that such an order is not solely made on the party’s nationality or its corporations international foundations[26]. c) What is your decision? [3 marks] As the sole arbitrator I would decide to grant the Respondent’s request for an order for security of costs. Alternatively I would refuse it. I will provide reasons for both answers in the below question. d) Give reasons for your decision. [3 marks] The reasons for granting the above order would be to safeguard the effectiveness of the international arbitration between the two parties. It would also allow for greater enforceability of arbitral awards, thus greater resolution of the international commercial dispute between the parties, while also supporting a fair administration of justice. On the other hand, I would refuse the above request as it may place the claimant at a great financial disadvantage. The claimant (Condesign) are already in financial distress as they have not been paid for the First Stage of the Futurocity design they completed. An order for security of costs may further unnecessarily burden the claimant and harm their chance at a fair arbitration proceeding. Furthermore, by granting an order for security of costs, could act to create prejudgment towards the claimant, which could place limitation on the claimant’s right to a fair hearing[27]. 10. The Claimant writes to you requesting that you order the Respondent to return to Claimant immediately the Letter of Credit, or at least that you issue an injunction preventing the Respondent from calling the Big Bank Trust Letter of Credit. a) How do you deal with this application? [3 marks] Pursuant to Article 28 of the ICC Rules, the Tribunal may order any interim or conservatory measure it deems appropriate, at the request of a party. The arbitral tribunal may do so, unless the parties have otherwise agreed. On the facts of this case, no such agreement appears present. Ordering the Respondent to return to the Claimant the Letter of Credit or issuing an in junction would fall under this provision. However if the arbitrator(myself) grants the measures requested above by the Claimant, it ay only grant the measure ‘subject to appropriate security being furnished by the requesting party’[28]. It is likely that the tribunal will not order the Respondent to return the Letter of Credit immediately, but rather issue an injunction. This would be a more appropriate interim measure at the early stages of the arbitration process, as interim measures are aimed to be ‘grants of temporary relief pending final resolution of a dispute. ’[29] (b) Assuming you decide to grant this application, do you address it to Big Bank Trust? If yes, why? If no, why not? [3 marks] Assuming this application is granted, I would address it to Big Bank Trust as at this early stage of the arbitration process there appears to be some deal of confusion as to who the true Respondent is and thus it would be a lot clearer to contact Big Bank Trust and place an injunction on the Letter of Credit, as the Respondent claims that it is no longer in possession or in control of the Letter of Credit. Therefore, until issues as to where the Letter of Credit is and who the true Respondent are decided, it would be most efficient to address the injunction to Big Bank Trust. 1. About 6 weeks before the hearing of this matter is due to begin, the Claimant’s lawyer emails you, stating that the wife of Condesign’s CEO is terminally ill and not expected to live more than 2 months. He does not want to be away from his wife at this time. The Claimant’s lawyer asks that you either (a) postpone the hearing for approximately six months; or (b) move the hearing from Me lbourne to Paris where the CEO’s mother is in intensive care in hospital. The Respondent acknowledges that in fact Paris is more convenient than Melbourne, but it refuses to change the seat of the arbitration. Respondent opposes any postponement of the hearing, saying that it wants this case disposed of expeditiously. What do you decide, and for what reasons? [4 marks] Changed circumstances of a party, in this case, of the Claimant, can render the arbitration procedure unworkable or impossible, and thus it may be so that in some circumstances changing the venue is necessary, to accommodate for this[30]. Article 18(2) of the ICC Rules provides, ‘The arbitral tribunal may, after consultation with the parties, conduct hearings and meetings at any location it considers appropriate, unless otherwise agreed by the parties’. This provision may allow the tribunal to conduct hearings at a location convenient for the Claimant, in respect of his changed circumstances. However it has been noted that a change of the initially agreed place of arbitration should be a carefully reviewed decision, as the place of arbitration is an important aspect of the arbitration agreement between the parties. On the other hand, just like any other contract, an arbitration agreement is subject to change and interpretation, and moving the hearing from Melbourne to Paris may be the only effective means of ensuring that the intentions and goals of the original arbitration agreement are honored[31]. Therefore I would likely move the hearing from Melbourne to Paris. 12. On the first day of the hearing, which is expected to last 5 days, the Claimant’s lawyer advises you that its â€Å"star witness† refuses to travel to Melbourne as he has a serious case of aviophobia (terror of flying). The Respondent’s lawyer says that according to IBA Rules you should simply strike out the witness statement of this â€Å"star witness† if Respondent does not have the chance to question the witness about his statement. How do you handle this situation? [4 marks] The IBA Rules are designed to be used alongside other rules that govern international arbitrations, such as the ICC Rules. The parties have not directly mentioned the IBA Rules in their dispute resolution clause, and whilst they are not binding, they still remain influential over the arbitration process. Specifically, when parties come from different legal cultures, as is most likely the case in this scenario, the IBA Rules become a very useful guiding tool. Pursuant to Article 4. 7 of the IBA Rules the Claimant’s ‘star witness’ whose appearance has been requested pursuant to Article 8. 1 IBA Rules, shall have their witness statement disregarded due to failure to appear for testimony without a valid reason. However Article 4. 7 provides that there is discretion for the Arbitral Tribunal to decide otherwise, in exceptional circumstances, to not disregard the witness statement. Consequently, it remains up to the discretion of the arbitrator to decide if the star witness has a valid reason for not appearing and whether exceptional circumstances have been evoked. Decision would need to be make surrounding the star witness’ serious case of aviophobia. In addition, Article 8. 1 states that ‘each witness shall appear in person unless the Arbitral Tribunal allows the use of videoconference or similar technology with respect to a particular witness’. Thus, this provision allows for alternative methods of questioning, and the Respondent could possibly question the witness over videoconferencing, rather than in person. Furthermore, pursuant to Article 22 of the ICC Rules, which outlines the Conduct of the Arbitration, it is up to the arbitral tribunal in all cases to act fairly to ‘ensure that each party has a reasonable opportunity to present its case’. Therefore, as the arbitrator, I would be striving towards conducting an equal and fair arbitration proceeding that would allow both parties to present their case and use their witness statements, which is provided for under both the ICC Rules and Model Law Rules (Article 18) which are applicable to Australian Arbitrations. As it is also important that the Respondent has the opportunity to cross-examine the witness I could allow for videoconferencing for this to happen, while allowing the ‘star witness’ statement to be admissible. 13. The hearing has ended and you have received post-hearing briefs and declared the procedure closed under ICC article 27. In reviewing the transcripts and your notes, you realize that there is an important question, which neither party has addressed in its arguments. You need to know the answer in order to make a logical and fair decision. What, if anything, can you do? [4 marks] Pursuant to Article 27, the arbitral tribunal has declared the proceedings closed and thus ‘no further submission or argument may be made, or evidence produced’. However this provision states that this may be possible if requested or authorized by the arbitral tribunal. Being the sole arbitrator I would consequently have authority to invite further submissions and evidence from the parties in an effort to make a logical and fair decision. 14. You have submitted your draft award to the ICC for scrutiny. A few days ater, at an international arbitration conference, you find yourself seated at the head table, next to Counsel for the Respondent in this case. Respondent asks you a few innocent questions about when you expect the award to be available. You reply vaguely that the award will probably be sent out â€Å"in a month or so†. Counsel then tries to engage you in a discussion of the merits of the case. How do you respond? [ 3 marks] Article 11 of the ICC Rules states, ‘Every arbitrator must be and remain impartial and independent of the parties involved in the arbitration’. The very nature of arbitration, and one of its most desirable features, is its fairness and impartiality. In addition, it is widely regarded that arbitrators ‘shall be and remain free from bias’[32] Specifically, for the duration of the arbitration process, the Arbitrator should seek to avoid any communication with a party or representative of a party, and if this said communication cannot be avoided, the arbitrator should seek to inform the other party of this[33]. Thus, when Counsel tries to engage me in a discussion of the merits if the case, I would refuse to continue discussion, and then I would explain the above guidelines regarding the ethics of Arbitrators, as well as inform the other party of this communication.

LANG Surname Meaning and Family History

LANG Surname Meaning and Family History The last name Lang originated as a descriptive surname given to an unusually tall individual, from the Old English lang or long, meaning long or tall. LANGE is a common German variant, while LANG is more prevalent in Scotland and northern England. LONG is another common English variant. Lang may also have originated as a Hungarian surname, from  lng, meaning flame, perhaps a descriptive name for a passionate individual, or for someone who worked with fire, such as a blacksmith. The Lang surname is also found in China,  adopted by descendants of the founder of  Lang City in the state of Lu. Lange  is the 26th most common German surname, while  Lang is the 46th most common.  Long is the 86th most popular surname in the United States. Surname Origin: German, Scottish, English, Dutch, Swedish, Danish, Chinese Alternate Surname Spellings:  LANGE, LONG, LUNG, LAING, DE LANGE Famous People with the LANG  Surname Fritz Lang  - Austrian-born film directorDavid Lange -  former New Zealand prime ministerJessica Lange  - American actressJosephine Lang - German composerAlgot Lange - Swedish explorerJoseph Lange - Vienna actor and painter; Mozarts brother-in-law Where Is the LANG Surname Most Common? According to surname distribution from Forebears, the Lang surname is most common in Austria, where it ranks 24th in the nation, followed by Germany (35th), Switzerland (61st), Luxembourg (104th), Liechtenstein (132nd), China (193rd) and Vietnam (203rd). The Lange spelling of the surname, on the other hand, is most common in Germany (26th), followed by Greenland (47th) and Denmark (107th). Lang is more common in the United States than Lange. WorldNames PublicProfiler indicates a similar distribution, with the greatest percentage of individuals named Lang in Austria, followed by Germany, Hungary, Switzerland, and Luxembourg. Lange is most common in Germany, especially northern Germany, followed by Denmark. Genealogy Resources for the Surname LANG Meanings of Common German SurnamesUncover the meaning of your German last name with this free guide to the meanings and origins of common German surnames. Lang  Family Crest - Its Not What You ThinkContrary to what you may hear, there is no such thing as a Lang  family crest or coat of arms for the Lang surname.  Coats of arms are granted to individuals, not families, and may rightfully be used only by the uninterrupted male-line descendants of the person to whom the coat of arms was originally granted. LANG  Family Genealogy ForumThis free message board is focused on descendants of Lang  ancestors around the world. There is also a separate message board for discussion of the Lange surname. FamilySearch - LANG  GenealogyExplore over 5.8  million results from digitized  historical records and lineage-linked family trees related to the Lang surname and variations such as Lange on this free website hosted by the Church of Jesus Christ of Latter-day Saints. LANG  Surname Mailing ListA free mailing list for researchers of the Lang  surname and its variations includes subscription details and searchable archives of past messages. They also host  a mailing list for the Lange surname. DistantCousin.com - LANG  Genealogy Family HistoryExplore free databases and genealogy links for the last name Lang. GeneaNet - Lang  RecordsGeneaNet includes archival records, family trees, and other resources for individuals with the Lang  surname, with a concentration on records and families from France and other European countries. The Lang  Genealogy and Family Tree PageBrowse genealogy records and links to genealogical and historical records for individuals with the Lang  surname from the website of Genealogy Today. References: Surname Meanings Origins Cottle, Basil.  Penguin Dictionary of Surnames. Baltimore, MD: Penguin Books, 1967.Dorward, David.  Scottish Surnames. Collins Celtic (Pocket edition), 1998.Fucilla, Joseph.  Our Italian Surnames. Genealogical Publishing Company, 2003.Hanks, Patrick and Flavia Hodges.  A Dictionary of Surnames. Oxford University Press, 1989.Hanks, Patrick.  Dictionary of American Family Names. Oxford University Press, 2003.Reaney, P.H.  A Dictionary of English Surnames. Oxford University Press, 1997.Smith, Elsdon C.  American Surnames. Genealogical Publishing Company, 1997. https://www.thoughtco.com/surname-meanings-and-origins-s2-1422408

Service-Learning or AIDS WALK Experience Essay Example | Topics and Well Written Essays - 1250 words

Service-Learning or AIDS WALK Experience - Essay Example The community received students with a perspective of professionals who had a purpose. Young and old, youth and elderly, the community members, enjoyed seeing the students walk from one corner to another attending to the sick, advising, teaching and activating for a better health in the society. To the students, they had a chance to explore the community needs and wants, apply the class work to practical service to the community and employ their skills in service delivery. The participants arrived at the starting point on time and were issued with T-shirts with the writings, â€Å"AIDS is Real† and â€Å"Anyone can be a victim†. The T-shirts were issued to all the people who had already bought their tickets to participate in the walk. We all were required to pay $ 20 per person to acquire the ticket. It seemed that people had bought the tickets in plenty since the walk attracted more than two thousand people. Everyone seemed jovial to participate in the walk. This walk was aimed at sensitizing the public about AIDS and raise money to assist AIDS victims. The walk started at 10 am and lasted for four hours. We all walked through the city streets in unison and felt as though we were a community. The walk organizers provided all the participants with bottled water and energy drinks, in the course of the walk. This walk had incorporated nearly all the celebrities and other public figures. As we all walked and ran through the city, the national army band thrilled all passersby and the participants. The band played lovely songs that motivated people to continue walking. At the end of the walk, we all converged at the City Hall grounds where the partners and facilitators took us through ways on how we should treat AIDS victims and how we should relate to them. At the start of the AIDS Walk, the participants had formed opinions about the service, partners and personal abilities. Most of the participants thought that the service targeted a specific ethnic group and that it was a disease for gay people. Needless to say, other participants had a mistaken assumption that the partners should help reduce the prevalence of AIDS through the use of drugs alone. The participants also had the misconception that people should not interact with AIDS victims. This makes AIDS victims feel alienated from the society making it extremely difficult for them to open up and share AIDS opinions with the public. Moreover, the participants underestimated their abilities before the start of the walk. Walking 10 kilometers seemed impossible to many of the participants, but they were all surprised. In addition, most of the participants believed that they lacked personal attributes of relating well with AIDS victims. After the walk, all the assumptions held by the participants were proved wrong. Notably, we all gained personal skills on how to treat and relate with AIDS victims. In essence, the students who engage in service learning gain the practical skills and their contexts to provide back to the community the learned skills as services in response to any identified community concerns. The aim of Service learning is to attain equilibrium between service and goals of learning (seifer 1988). This objective fosters critical thinking and ensures there is a connection between theory and experience or practice. The facilitators and the partners noted that AIDS was not a disease for a particular ethnic group and that anyone can be a victim. They cleared the air by indicating that

Doing Business in Spain Assignment Example | Topics and Well Written Essays - 2250 words

Doing Business in Spain - Assignment Example In this respect, a new business venture with the assistance of the marketing analysis is able to conduct operations in accordance with business opportunities (Katz, â€Å"Negotiating International Business – Spain†). Spain is a member of the ‘European Commission Community’ and the membership of European Union (EU) facilitated the country to conduct barrier-free trade operations. In this context, the country is able to perform business operations with better growth opportunities. Moreover, with the advent of globalization, the country has been able to perform sustainably with better transparency as well as efficiency (Katz, â€Å"Negotiating International Business – Spain†). The assignment intends to highlight an overview of Spain with regard to culture, education, labor market and economy. Additionally, an analysis is conducted with the aim of obtaining adequate information in relation to the business environments in the Spain on the basis of business culture, investment climate, major industries, legal aspects i.e. labor laws and other laws, business opportunities, process of starting a business in Spain. The analysis further helps to understand the significant areas about business opportunities. Spain is a member state of European Union and the country is officially recognized as Kingdom of Spain (Compare Infobase Ltd., â€Å"Spain Map†). Spanish culture is widely known for its Flamenco dance and music, beaches, bullfights and sunshine. Additionally, the people believes in developing relationship as well as respect (Don Quijote Salamanca S.L., â€Å"Spanish Culture†). Around 12% of the overall populations of Spain are foreigners of which around 47% belongs to European origin and rest is non-European. According to the article published by EURES, 60% of the overall populations of the country are identified as active workers. Spain has the fourth largest economy in the Eurozone in terms of business operations. Additionally, in terms of nominal

Competitive strategy that Easyjet have utilised

Competitive strategy that Easyjet have utilised The aim of this report is to analyse and evaluate the competitive strategy that Easyjet have utilised in order to develop their current competitive position in the low price no frills airline market. Objectives Definitions of competitive strategy Explain Porters generic strategy Analyse the competitive strategy of Easyjet Evaluate the competitive strategy of Easyjet Recommendation for the future of Easyjet Methodology Porters generic strategy Investigate the strategy clock Find out advantage and disadvantages by creating a SWOT analysis of Easy Jet Theories on Easyjet competitive strategy The Competition Various Recommendation for Easyjets future Where the information was found? University library Internet Journals Newspapers Books Overview From this report, Easyjet can be seen as one of the main airlines in its market, and although it has some tough competition Easyjet is becoming stronger. Its competitive strategies are ahead of the competition and are being very successful. This is proven through various theories such as Porters generic strategy, the strategy clock and a SWOT analysis of Easyjets competitive strategy. Introduction Background Easyjet is one of the best known European low price no-frills airlines. Which begun in 1995 by Greek entrepreneur Stelios Haji-Ioannou. He intended to make flying to Europe affordable for more and more people. Easyjet now calls itself the webs favourite airline. (Thompson, Strategic Management , 2001) The airline is based at Hangar 89, a bright orange building adjacent to the main taxiway at Luton Airport. In an industry where corporate HQs are generally considered to be the ultimate status symbol, it is the very embodiment of the Easyjet low-cost ethos. Objectives To identify and analyse the competitive strategy that Easyjet have utilised in order to develop their current position. To critically evaluate the competitive strategy that Easyjet have utilised in the development of their current completive position. Also make appropriate recommendations regarding Easyjet. Competitive advantage Competitive advantage is the means by which a company can outperform its competitors and more profits. (Lomax Raman, 2006) The ability to create more economic value than competitors (Barney, 2010) Competitive advantage is more generally based on the stability and continuity in relationships between different parts of the organisation (Lynch, 2008) Design is a form of competitive advantageà ¢Ã¢â€š ¬Ã‚ ¦ Good design allows things to operate more efficiently, smoothly, and comfortably for the userà ¢Ã¢â€š ¬Ã‚ ¦ Customers appreciate good design. While they cant necessarily point out what specifically makes it good, they know it feels better. Theres a visceral connection. They are willing to pay for it, if you give them a great experience. (Hackett, 2009) Porters Generic Strategies This set of strategies consists of three: segmentation strategy, differentiation strategy and cost leadership Cost leadership strategy pertains to mass production of standardized products to lower the cost. Manufacturing the product in high volumes or by bulk would lower the costs of the product because fixed costs are maximized. Differentiation strategy means creating products that are being packaged as unique. Customers believe that the features of the products are incomparable and superior compared to others hence the reason for its uniqueness. Segmentation strategy means products are focused on few, selected market or the specialized markets. The company creates the product to suit the tastes or demands of a specific market. (Porter, 1998) Main Findings Analyse Easy Jets competitive strategy Easy jet which is the UKs leading low cost airline, currently operating in over 400 routes with over 175 aircraft in 27 countries is a no frill airline, the concept started in the beginning of the 1970s in the USA and then this concept was followed by Airlines in Europe, and the rest of the world. Easy jet is known as No-frills airlines, where airlines that have offer low fares but eliminate all unnecessary services Easy Jet offers a no frills service at low fares. EasyJets generic strategy is a typical cost leadership strategy. The business philosophy of easyJet is that money can be made on any route where a carrier can fly three times a day to a low-cost airport, based on a minimum market size. The basis of commercial success for such strategy is maintaining a 30-40% cost advantage over established airlines. Easyjets low prices strategy can be defined as A low price strategy seeks to achieve a lower price than competitors whilst trying to maintain a similar perceived product or service benefits to those offered by competitors (Johnson, 2005) They believe to achieve competitive advantage through this strategy, the company need two basic choices, one is to find a segment where main competitors are not interested in. The other one is find this segment attracts price sensible consumers. (Johnson, 2005) They utilize this by doing the following; Easyjet is a Ticket less airline which mean All you need to fly is your passport (or suitable photographic ID on domestic flights) and there confirmation number, based on their time of check in at the airport, this determines the order in which they board the aircraft (Easyjet.com). Efficient use of airport. Easyjet flies to main destination airports throughout Europe, but gains efficiencies through rapid turnaround times, and progressive landing charges agreements with the airports By reducing turnarounds to 30 minutes and below, Easyjet can achieve extra rotations on the high frequency routes, by maximizing utilization rates of its aircraft. Theres no such thing as a free lunch Easyjet does not offer free food from company, passengers are given the choice as to whether they wish to buy themselves drinks or snacks from the in flight. (McCosker, 2003) The absence of business class means gaining seats and maximizes capacity. Though EasyJet does not provide the same kind of flexibility as business class in traditional airlines, it is possible to change flights for a premium of  £10, plus the difference in price. Punctuality is a priority Direct marketing and Internet sales Stelios recognized the potential for sales on the Internet before it had become widely available. At first a call center allowed customers to book over the phone, a more familiar communication channel available to all. By offering discounts for Internet bookings, Stelios shaped his customers purchasing habit with the result that 80% of reservations were made on the Internet in 1998. It reduces distribution charges from travel agent commissions and computer reservation system costs. Easyjets strategy was modelled on Southwest air, but Stelios claimed he had been inspired by Richard Branson and Virgin Atlantic. His approach to customers and people mirrors that of Branson. He flies on his own planes some three or four times a week and week talk to the passengers. He is regularly present at Luton (his headquarters) and willing to revolve passenger problems. (Thompson, Strategic Management fourth editon, 2001) Easyjet favours an informal company culture with a very flat management structure, which eliminates unnecessary and wasteful layers of management. All office-based employees are encouraged to dress casually. Ties are banned except for pilots! Remote working and hot-desking have been characteristics of easyJet since the beginning. One of the strategies which easyJet is persuading is a cost leadership. In persuading cost advantage, the goal of the firm is to become the cost leader in its industry or industry segment (Grant, 2002) The Easyjet product is, in reality, a package of service, many subcontracted in. Easy jet provides the planes and their crews, and markets and the sells the flights. As a company, it is focused. Check-in and information services, snacks (for passengers to by before they board the aeroplane), baggage handling and fleet maintenance are all bought in from specialists. (Thompson, Strategic Management , 2001) Competition for customers in this sector of the market is intense, Virgin express and Fly Thomas cook are just a couple from many have low-price , no frills subsidiaries, neither of which is reputed to be profitable. The largest of the rivals is Ryanair, over 25 years old and based in Dublin, carrying over 75 million passengers a year. When Stelios established the position of the Easyjet as one of leading low cost airline in Europe by adopting an efficiency driven operational model, creating brand awareness and maintaining a high levels of customer satisfaction (where we are now) he took a step further in his perused of the strategy to offer low cost airline to masses (where we want to be) which is based on key strengths (how we going get there) (Easyjet: The Web`s Favourite Airline, 2002) Another of the strategies persuaded by founder of Easyjet can be seen, as strategy is perspective, that is, vision and direction. (Mintzberg, 1994) Evaluate Easyjet competitive strategy Competitive advantage grows out of value a firm is able to create for its buyers the exceeds the firms cost of creating it (porter,1985)A company relative position within an no frill Airline industry is given by its competitive advantage which is cost leadership and differentiation, from other frills airline companies and with its choice of competitive scope. Introducing new technologies new or shifting buyer needs the emergence of a new industry segment and availability changes in government regulations are competitive advantages. Where Differentiation is the firms product, associated services, and other activities affect its buyers activities.   All the activities in the value chain contribute to buyer value, and the cumulative costs in the chain will determine the difference between the buyer value and producer cost. (Porter, 1985) Easy jet gains competitive advantage by performing strategically important activities more cheaply or better than its competitors. (Easyjet.com) Comp etitive advantage can come not just from great products or services, but from anywhere along the value chain. To understand how a firm fits into the overall value system includes the value chains of its suppliers, channels, and buyers. Generic strategies are useful because they characterize strategic positions at the simplest and broadest level. Porter maintains that company achieving competitive advantage requires and makes a choice about the type and scope of its competitive advantage.(Porter, 1985) Concerning competitive advantage, Easyjet concentrates on costs therefore achieves overall cost leadership. It inhabits a low cost Niche position. The low cost airlines developed sufficient lead times and competitive advantage to limit any new entrants to niche positions and we still do not believe that the full service airlines have the culture to successfully develop sustainable in house low fares subsidiaries (Binggeli, 2002) However, there are problems associated with the idea of sustainable cost leadership as this entails that Easyjet has the lowest cost compared with competitors over time. This is unlikely to be achieved simply by cutting back costs however their competitors i.e. Ryanair will do this too. The search of a cost-leadership strategy will require Easyjet to have a strong focus on cost management, scale economies, and have experience curve cost advantages through the maintainer of volumes. In reality, it can be questioned whether cost leadership is a separate strategy. (Sharp 1991)  [1]  stated, having a cost advantage is merely a facilitator to differentiate, usually on price, adding that low-cost form seeks to remove bases for differentiation, so as to offer a generic service to the entire market, therefore reducing differences between segments. Another type of strategy persuaded by Stelios Haji Ioannou is express by sentence (Casell, 2002) It could be argued that cost leadership can be a precarious strategy, which may speed up the move towards a commodity market in which; ultimately, no one benefits (Partridge, 1994) Strategy Clock The Strategy Clock is based upon the work of Cliff Bowman. Its another Suitable way to analyze a companys competitive position in comparison to the offerings of competitors. As with Porters Generic Strategies, Bowman considers competitive advantage in relation to cost advantage or differentiation advantage. Easyjet are situated highly in strategic option 1 (low price, low added value) The eight core strategic options are: 1. Low price/low added value Likely to be segment specific. 2. Low price Risk of price war and low margins/need to be a cost leader. 3. Hybrid Low cost base and reinvestment in low price and differentiation. 4. Differentiation (A) Without a price premium: perceived added value by user, yielding market share benefits. (B) With a price premium: Perceived added value sufficient to bear price premium. 5. Focused differentiation Perceived added value to a particular segment warranting a premium price. 6. Increased price/standard Higher margins if competitors do not value follow/risk of losing market share. 7. Increased price/low values only feasible in a monopoly situation. 8. Low value/standard price Loss of market share. The strategy clock diagram http://htmlimg3.scribdassets.com/9l9911lw1u1cczk/images/2-2c81643482/000.jpg (Scribd.com) Easyjet SWOT analysis Strength: Easyjet has a strong brand name in the low cost airline industry; the company also owns the general popularity among customers, business or leisure, for its low fares and high efficiency Most seats are sold through Internet. Ticketless airline makes Easyjet different from rivals. Flattened structure and casual culture give efficiency in management and operation. Easyjet is frequently able to benefit from the latest technology and working practices. Efficient use of airports and aircraft is another critical strength of Easyjet. The sound network helps the company to cut costs. Paperless operation has simplified and given the huge flexibility in the management working practices. Easyjet standardise on a single aircraft type and purchase new aircraft in bulk, thereby minimizing maintenance costs. The merger of Go accelerates the company growth Weakness: Easyjet is limited at the present time to regional operations, which does not allow it to develop a more balanced portfolio of services. Although EasyJets benefits from the deal with airbus in many ways, it also causes a problem the company will operate on a mixed Boeing/Airbus fleet. Staff training and coordination in future are crucial to the move For the elder people or the people who do not use the internet, it is not convenience to book on line. They really should have more ways to book There is no business class in airplane of EasyJet, which makes it lose some business travellers Opportunities: From a political perspective, the deepening and widening of EU provides new opportunities industry wide. New routes can be introduced to those countries that will join EU in near future. Furthermore, Airlines are now able to operate a base out of any European Country, which gives many more opportunities for expansion. Comparing to US market, the European market is still an immature market, which provides opportunities to all players. General slump forces most companies and individual keep in a tight budget, therefore low cost airlines now have more chance to fight their expensive rivals. Threats: The low-cost carriers are facing rising costs, particularly in the areas of fuel, airport charges and salaries. Unpredictable incidents (e.g. Iraqi war, SARS) give uncertainties in fuel supply, customers sentiment, etc. Competition from rivals is another threat, including new businesses copying low price and no frills strategy Recommendations This report has shown that Easyjet has done very well since it begun in 1995, it is dong almost everything correctly using their competitive strategies to become successful and stay ahead of their rivals. Although the huge profitable company that it has become, its important that they do not become over confident, and be aware of what their competitors are doing, they should always have enough capital to them to make radical changes if needed to. There are a number of ways in which Easyjet could improve to take the organisation forward and make the company more profitable and improving performance. Firstly Easyjet could cooperate with other easy business, such as Easycar which could do deals on transport and parking at airports, Easyfinance could offer a special rate for loans used on flights. Easyhotel could give discounts on hotels around the airports. This could not only help easyjet and making it better for customers but also increase other easy businesses. It could be very beneficial for Easyjet to build alliances with transatlantic operations. This would build a better relationship with the transatlantic operations meaning it could create more routs. Easyjet have over 400 routes which means they have many more routes which they could add. This would mean gaining more customers that couldnt reach destinations before in which other airlines visited. As fast as the internet has grown over the last few years, not everybody has it or know how to use, more often its elder people, whom could add a bigger market if Easyjet could find out a way to reach them and make a better way of buying flights for them. Although Easyjet do have a phone number to book flights it has been stated Telephone bookings are more expensive and are not encouraged (Lowfareflights) which is very off putting. Possibly free phone calls or some sort of broacher sent through the post could let the people without internet find out about Easyjet and be able to purchase with no hassle. As the number of low cost carriers is growing another possibility could be created some sort of loyalty scheme such as loyalty card or member card. The customer would then collect points whenever they travel with Jeasyjet, which would add up and when they have enough points, they could receive some sort of reward such as a discount on flights, free flights etc. This would benefit Eeasyjet as well as the customers because the customer would want to travel with Easyjet instead of another company because they know they can save points and be rewarded with Easyjet. Major companies in the UK such as Tesco using clubcard who introduced it in 1994 to gain customers loyalty, it proved to be very successful, making customers from other stores switch to Tesco as they knew they would b rewarded with this scheme. David Sainsbury, then chairman of J Sainsbury plc, rejected the idea of introducing a similar scheme. However, the effect that Clubcard had on Sainsburys sales led to the reversal of th at decision, with the launch of the Sainsburys Reward Card in June 1996. (Randall, 1996-06-23) This will therefore stop customers switching to Easyjets rivals. From this report, Easyjet can be seen as one of the main airlines in its market, and although it has some tough competition Easyjet is becoming stronger. Its competitive strategies are ahead of the competition and are being very successful. No company is perfect and always need improvements therefore Easyjet could become ever more successful and dominate the market despite of the stiff competition. Reference List

Bill Gates & Steven Jobs

Bill Gates & Steven Jobs The technology term today is growing rapidly in hi competitor between different companies, and between different company leaders, and in this essay I will compare two famous people in this field. These two famous persons are Bill Gats Steven Jobs . However, Gates and Stevens share some surprising similarities. Some of you may think that because Gates and Jobs work at the same field; which is technology. These two persons are similar because of three main reasons, they have the same characteristic, the same education situation, and the same failed of the job.One major similarity of these two persons is the special characteristics that they have. For example, both Steven Jobs and Bill Gates are intelligent innovative thinkers who have always new things to show and give to the world, and also both of them are known as the best-known entrepreneur of the personal computer revolution in the modern age. Moreover, Bill Gates has this energetic spirit which spread to cover all the people who are surrounding him, and also Steven Job had this special thing which admires the others and encourages them. Therefore, because of these special qualities that they both have they become famous and popular.Another similarity between Gates and Steven is the situation that they both had in their education. They both had been dropped from the college and then they complete studying by their self. Actually, Bill Gates had been dropped from Harvard University because he had some problems in studying in the sophomore year. On the other hand, Steven Jobs had been dropped from Reed University because he had some problems in covering the tuition fees. Moreover, Steven Jobs and Bill Gates have big similarity because of the same field that the both work in which is technology.To illustrate, Steven Jobs worked at Apple, and he is the best known as co- founder, chairman, and chief executive officer of Apple Inc. In contrast, Bill Gates is the best known chairman of Microsoft company , and everybody know well that these two companies are the greatest in technology From the information given, we can say that these two persons are the largest contributors of the modern technology revolution. Also, we can infer that there a lot of similarities between them which represented in characteristic, education, and the field of job. Therefore, these people perpetuate their names for their big achievements that they did.

Edisons Portrayal Essay - 1072 Words

Edison’s Portrayal A dreamer, an inventor, and above all, Thomas Edison was an ambitious and ruthless businessman who manifested the deep determination to take over the electricity market. Edison’s portrayal in Moran’s book â€Å"The Executioner’s Current† holds much more realistic and in depth aspects of his personality, than shown in the short excerpt, â€Å"They Transformed the World† pertaining to â€Å"America’s greatest change-makers.† On top of being an inventor, as shown in the excerpt, Moran’s portrayal of Edison displays him as an aggressive and competitive businessman by using the media and press to influence public opinion, as well as by pushing for the Electrical Execution Act. nbsp;nbsp;nbsp;nbsp;nbsp;Edison knew he could persuade the†¦show more content†¦Edison announced, â€Å"Just as certain as death, Westinghouse will kill a customer within six months after he puts in a system of any size. He has got a new thing and it will require a great deal of experimenting to get it work practically. It will never be free of danger†1 Through these tactics, he did indeed accomplish his mission of alerting the public, and it was not about to end. After receiving the attention of the public due to the speech, Edison published a pamphlet entitled â€Å"A Warning from the Edison Electric Company†. This red pamphlet included attacks on competitors such as Westinghouse, who Edison claimed was a patent violator. (Moran 58) Edison’s attack was on-going and continued as the newspaper consisted of an article, â€Å"Edison Predicted It†. â€Å"’It’ was the New York Board of Health’s conclusion that the only way to light safely by electricity was to control, by ordinance, the strength of the current.†1 (Moran 58) Edison manipulated the public to think that by using by the AC power it would succumb to death due to the dangerous tension. 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