Statutory adjudication under CIPAA 2012

Payment disputes in the construction industry has been something peculiar compared to many other industries. In the construction industry, it is common that payment is made progressively upon progress payment certificates. However, when an employer refuses to pay for whatsoever reason, this puts the contractor in a dilemma. This is because if the contractor stops or slows down work, the contractor may be found to be in breach if ultimately, it turns out that the employer has rightfully disputed the payment. At the same time, to go on with the work without payment pending time-consuming resolution of the dispute through courts with multiple layers of appeal or arbitration, could put the contractor in great financial distress. Not only that, the contractor may face the risk of continued default by the employer if he goes on to carry out the wor

Arbitral award and enforcement

Upon hearing the dispute, the arbitrator will make a decision known as an ‘award’. The term ‘award’ means an instrument embodying an arbitrational decision on a matter referred to him. It is the final judgment or decision in writing by an arbitrator or arbitrators and as between the parties and their privies.1 The Arbitration Act 2005 (‘Act’) defines ‘award’ as, ‘a decision of the arbitral tribunal on the substance of the dispute and includes any final, interim or partial award and any award on costs or interest but does not include interlocutory orders’.2 Where an award directs a sum to be paid, that sum shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as a judgment debt.3 In any arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members.4 The award shall be made in writing and shall be signed by the arbitrator. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall be sufficient, provided that the reason for any omitted signature is stated

Buyers’ Perceptions of the Risks of Internet Enabled Reverse Auctions

In addition to reducing the purchasing cost, Internet Enabled Reverse Auctions (RAs) are now being used by buyer firms toexplore new suppliers. The decision to use RAs is increasingly being recognized for its strategic importance to buyer firms.However, such decisions of strategic importance are presumably accompanied by equally serious risks. The first step tomanaging such risks is identifying what they are. Unfortunately, there is no validated check list of buyer risks that can assistfirms when using RAs. We have taken the first step towards addressing this issue by developing an authoritative list of theimportant risks associated with the use of RAs as a sourcing strategy. By employing a rigorous ranking type Delphi surveymethodology, we developed a comprehensive list of the key risks ranked by their relative importance. Implications of ourfindings for both researchers and sourcing professionals are discussed

Unusual sites of delayed metachronous metastases from renal cell carcinoma: a case series of five cases and review of literature

Renal cell carcinoma (RCC) is the most common malignant tumour of the kidney, representing 3% of all adult malignancies. Among men it is the sixth most common cancer while among women it is the ninth most common cancer. The mainstay of treatment for localized RCC is surgical resection with curative intent. The aggressive and often insidious nature of RCC is reflected by high recurrence rates of upto 20-40% after nephrectomy. Most commonly encountered sites of recurrent metastases include the lung, followed by bone, liver, brain, and local recurrence. Atypical sites of delayed metastases of RCC, although rare, have been reported in literature. We present our series of five cases where delayed metastasis has occurred at atypical sites including right sartorius muscle, right atrium and ventricle, urinary bladder, shaft of tibia and distal phalanx of hand upto six years later from the time of initial curative treatment of primary. The metastatic lesions in sartorius muscle, right atrium and ventricle, urinary bladder and distal phalanx were primarily managed by metastatectomy while that in the tibial shaft was managed by palliative targeted therapy with tyrosine kinase inhibitors. The key takeaway from this case series is that any primary neoplastic lesion in a patient with history of RCC should be evaluated with histopathology before definitive intervention is undertaken keeping in mind the notorious tendency of RCC to cause delayed metachronous metastases at unusual sites. In presence of solitary metastatic lesions at resectable locations, curative treatment can be offered by metastatectomy

Diagnosis and Management of Mandibular Condyle Fractures

In the maxillofacial region, mandibular condyle fracture accounts for about 10–40% of the trauma spectrum. This chapter deals with the etiology, classification, clinical features, diagnosis, and contemporary management of mandibular condyle fractures. Along with the regular management strategies, treatment protocols for geriatric and pediatric patients have also been discussed. The indications and contraindications of closed as well as open reduction and fixation of condyle fractures are analyzed in detail

Occupational stress: an analysis of the causes

Occupational stress may have an impact on the effectiveness of an organisation. Excessive workload or demand, stressful deadlines, long working hours, insufficient number of staff, lack of support from co-workers and supervisors, annoying co-workers, unsatisfied customers, and hazardous working conditions, among others are some of the underlying causes of occupational stress. Job uncertainty due to impending retrenchment, restructuring or management changes and hostile work environment could also give rise to occupational stress. Occupational stress often results in high dissatisfaction among the employees in terms of job mobility, burnout and poor work performance and less effective interpersonal relations at work. Excessive or unmanageable demands, insufficient support from co-workers and unsatisfactory working conditions may affect staff-motivation and productiveness. Longterm stress or traumatic events at work may have affect the workers physically and psychologically. In light of the above, this paper seeks to deliberate on the causes of occupational stress with reference to unmanageable workload, job insecurity, sexual harassment, workplace discrimination and employer’s unlawful conduct

Occupational stress: an analysis of the causes

Occupational stress may have an impact on the effectiveness of an organisation. Excessive workload or demand, stressful deadlines, long working hours, insufficient number of staff, lack of support from co-workers and supervisors, annoying co-workers, unsatisfied customers, and hazardous working conditions, among others are some of the underlying causes of occupational stress. Job uncertainty due to impending retrenchment, restructuring or management changes and hostile work environment could also give rise to occupational stress. Occupational stress often results in high dissatisfaction among the employees in terms of job mobility, burnout and poor work performance and less effective interpersonal relations at work. Excessive or unmanageable demands, insufficient support from co-workers and unsatisfactory working conditions may affect staff-motivation and productiveness. Longterm stress or traumatic events at work may have affect the workers physically and psychologically. In light of the above, this paper seeks to deliberate on the causes of occupational stress with reference to unmanageable workload,job insecurity, sexual harassment, workplace discrimination and employer’s unlawful conduct

AUTOMATED FREQUENCY COORDINATION (AFC) FOR OPEN PIT MINING

The techniques are described herein to facilitate the use of 6GHz frequencies in deployments, such as strip mines, where Access Point (AP) locations change, while still complying with Automated Frequency Coordination (AFC) requirements

Occupational stress: an analysis of the causes

Objective: This paper seeks to deliberate on the causes of occupational stress with reference to unmanageable workload, job insecurity, sexual harassment, workplace discrimination and employer’s unlawful conduct. Analysis: Excessive or unmanageable demands, insufficient support from co-workers and unsatisfactory working conditions may affect staff-motivation and productiveness. The main thing is to analyse that, the long-term stress or traumatic events at work may have affect the workers physically and psychologically. Method: Job uncertainty due to impending retrenchment, restructuring or management changes and hostile work environment could also give rise to occupational stress. Occupational stress often results in high dissatisfaction among the employees in terms of job mobility, burnout and poor work performance and less effective interpersonal relations at work. Findings: In the event of breach of this duty by the employer, apart from alleging constructive dismissal, the employee may be able to recover compensation for non-pecuniary loss such as mental distress or the effect of the dismissal on employee’s reputation or the chances of finding other employment. Result: The employer may also expose himself to a civil claim for negligence or a failure to provide a safe place of work. These causes of actions relate in deed to occupational or workplace stress, discussed in this article

MOVING/ROTATING ANTENNAS FOR WIRELESS ACCESS POINTS

Conventionally, the position and orientation of antennas for wireless access points depends on the position in which a wireless access point is oriented during installation and typically does not change unless the positioning of the wireless access point is changed. Thus, wireless antenna position/orientation typically remains static once an access point is installed. Techniques proposed herein introduce a sensor fusion approach for controlling the direction/orientation of wireless access point antennas in order to improve wireless communications for wireless networks