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Question
A court assumes arbitration was intended unless it can say with positive assurance that the arbitration clause was not intended to include the particular dispute.
Answer
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Related questions
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How might corporate managers promote a culture of open communication within a corporation?
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Why should businesses promote openness in communication?
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What are the four observations made by the Spanish journal Boletn Crculo about business ethics?
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Is the concept of due care a formalist or consequentialist concept? What are the difficulties in applying this to business actions?
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In the context of the social contract theory, explain the ethical principles proposed by John Rawls.
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Civil rights leaders in their quest to promote civil rights and equality often held peaceful marches and non-violent sit-ins that they understood to be at times illegal. Their justification for their actions was to promote and give focus to inequities with the ultimate aim of reducing discrimination and establishing equal rights for all. Were these leaders acting ethically? Fully explain your answer citing the ethical theory you believe to apply.
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How would a formalist and a consequentialist view an employer secretly monitoring an employees e-mail messages?
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How does the 2008 economic recession illustrate the potential problems of economic interdependence?
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Which of the following belongs to the category of involuntary stakeholders?
A. The employees
B. The top management
C. The shareholders
D. The suppliers
E. The community
Q:
Which of the following statements is true about the role and effect of profits on ethical corporate behavior?
A. In many modern business corporations, the responsibility for profit making is decentralized.
B. Making a profit usually deteriorates the common good.
C. Profit earning is the least important goal in the contemporary business environment.
D. A decline in the Protestant ethic reduces the emphasis on corporate profit.
E. In many situations, focusing on profits hinders managers from engaging in any unethical behavior.
Q:
Plato wrote that immoral behavior often flows from _____.
A. apathy
B. ignorance
C. thoughtlessness
D. boredom
E. anger
Q:
Which of the following is a national group of senior business leaders that has identified a general list of topics that organizational codes of business ethics should cover?
A. The Corporate Deciders
B. The Business Roundtable
C. The National Business Ethics Survey
D. The Board of Review
E. The Springfield Armory
Q:
In which of the following situations is there a conflict of interest?
A. A judge who occasionally shops in a store that is involved in a case before the same judge
B. A real estate agent representing the buyer and seller of a house with permission from the buyer and seller
C. An agent of one principal who secretly works for another whose interest competes with that of the first principal
D. A bank regulator using a credit union
E. A lawyer discussing a case with his or her boss
Q:
Which of the following statements is true of consequentialism?
A. It focuses primarily on individual rights.
B. It views lying as an unethical practice.
C. It is found in the way in which managers use cost-benefit analysis to evaluate alternative courses of action.
D. It is primarily a duty-based view of ethics.
E. It asserts that individuals have rights, and that these rights should not be infringed, even at the expense of society as a whole, because they have an intrinsic moral value to them.
Q:
The primary goal or end of business leaders is to produce a profit. This orientation reflects _____.
A. deontology
B. formalism
C. consequentialism
D. the Protestant ethic
E. Darwinism
Q:
The dominant form of consequentialism is _____.
A. utilitarianism
B. hedonism
C. libertinism
D. narcissism
E. Marxism
Q:
According to the Ethical Norms and Values for Marketers from the American Marketing Association, which of the following ethical values states that a marketer should accept the consequences of the marketing decisions and strategies taken by him or her?
A. Honesty
B. Responsibility
C. Fairness
D. Openness
E. Respect
Q:
Which of the following is a similarity between ethical and legal systems?
A. Both systems are institutions of the state.
B. In both systems, the motivation to observe moral values comes from within an individual.
C. Both systems are based on utilitarian views.
D. Both systems consist of rules to guide conduct and foster social cooperation.
E. In both systems, ethical behavior is based on just meeting minimum legal requirements.
Q:
Each state has its own licensing regulations for arbitrators.
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An arbitrator must satisfy the licensing requirements put forth by the American Arbitration Association.
Q:
Most state statutes authorizing voluntary arbitration accept an agreement to arbitrate even if it is oral in form.
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A party involved in arbitration can withdraw from the arbitration process and resort to litigation if the members of that party think the process is not going well.
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To avoid the various expenses of litigation, disputing parties can agree to have a third party decide the merits of their dispute.
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Focus groups give attorneys insight into possible jury reaction to evidence and point up weaknesses in a case.
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The fact that the losing party in a lawsuit usually also has to pay court costs is an added incentive to settlement without litigation.
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Concentrating on the seven elements of interest-based negotiation proposed by Roger Fisher, William Ury, and Bruce Patton can help remove some of the barriers created by positional negotiation.
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In the context of negotiating styles, collaborating is the hardest to demonstrate even though it is a common response in a negotiation.
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When negotiating, the chances of a negotiated settlement through positional bargaining are high because positional bargaining focuses on the underlying conflicts.
Q:
A dispute arises when one party makes a claim that another party denies.
Q:
What are the four grounds that section 10 of the Federal Arbitration Act provides for vacating an arbitration award?