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Examining The Efficiency of Arbitration Advantages in the United Arab Emirates in light of the Arbitration Law
No full textDue to the constant progress of the arbitration rules and the exceptional demand and acceptance of disputants to resort to arbitration, due to its several advantages and due to the issuance of the relatively new arbitration law. It was necessary to conduct this research which aims to assess the adequacy of the benefits of arbitration in the United Arab Emirates, in light of the arbitration Law. The aim of this study is to ascertain the benefits of arbitration and comprehend the regulatory framework implemented by the UAE legislature to enhance its economic and legal leadership position in the region and worldwide, by leveraging the advantages of the arbitral process.
The present dissertation has yielded significant findings and conclusions. Specifically, it has been determined that the Arbitration Law has duly acknowledged the latest trends in arbitration and has incorporated various provisions that govern the arbitral proceedings in accordance with the parties' autonomy, confidentiality, timely process, equal and fair process, and enforceable judgments. These provisions had been interrelated with the roles of parties and their agreement, the tribunal selected by the parties, the provisions of the arbitration law, or the competent court
Nullification of Arbitral Award Under UAE Law Dissertation
No full textThe UAE Arbitration community has welcomed the new UAE Arbitration Law enacted on 2018 which adds popularity to UAE as an internationally recognised environment for Arbitration as parties normally elect to opt out from Courts and choose Arbitration to resolve their disputes mainly due to is fast decisions and procedures’ flexibility compared to Court litigations, however for the Arbitral Awards to be executable, it must be enforced by recourse to the Courts who has the power to affirm, annul or grant leave for correction of Arbitral Awards based on certain grounds set out by the Law and the Courts interpretation thereto. There is little researches on the subject following the enactment, but was not supported and enriched with Court cases dealing with the new Law and its effect mainly on nullification and enforcement of the Arbitral Awards the issue that this study, which concentrate on all nullifications’ triggers during all the stages of the Arbitration process from signing the Arbitration agreement until obtaining the Arbitral Awards, aims to analyse it and how UAE Courts are dealing with nullification of Awards based on the New Law to help the Arbitration community understand and avoid any trivial or major mistakes that probably will lead to annulment of their Arbitral awards by analysing all possible triggers that may lead to the same and the methods to avoid them, all through excessive Court cases review and analysis for the past (4) years since the New Law came into force. As of date of writing this paper, the Courts have shown great appetite on avoidance of nullification of the Arbitral Awards and settled important principles on their interpretation and decisions worth considering, albeit with some unfavourable judgments to the Arbitration Community as it the case with any other litigation matters
Preventive Maintenance Using Recycled Asphalt: Review
No full textThis open access book presents contributions on a wide range of scientific areas originating from the BUiD Doctoral Research Conference (BDRC 2022)The article addresses the importance of using recycled asphalt with the integration of road maintenance procedures in the road network. The road network is considered the main element of any national infrastructure development plan. The research aims to study and highlight the using recycled asphalt as a suggested sustainable method for road maintenance procedures. Therefore, the study elaborates on the historical use of recycled asphalt, its advantages, and disadvantages. Besides that, maintenance process categories to ensure the suitable type that helps provide the best quality of the network. Since roadway pavement assessment is based on quality as well as different characteristics parameters such as rutting, cracking, pavement quality Index, and roughness in addition to other parameters. The primary method used in this study is the review of existing literature. It can be concluded that the use of recycled asphalt in road maintenance can become a viable and sustainable alternative to current road maintenance practices
Factors Affecting Internal Audit Effectiveness: Evidence from GCC Region
No full textThe role of the internal audit (IA) function in companies has evolved dramatically over the last two decades, and has become increasingly important to support audit committees and senior management. An effective IA provides audit committees and senior management with insights, assurance, and opportunities to improve the company’s internal control, risk management, and governance processes. However, IA effectiveness is influenced by many factors. This study aimed to examine factors that influenced the effectiveness of the IA function in publicly listed companies in the Gulf Cooperation Council (GCC) countries and examine the moderating effect of senior management support. Specifically, the factors that examined in this study were IA independence, IA size, IA staff competence, the relationship between IA and the audit committee, adopting a risk-based audit by IA, adopting a quality assurance and improvement program by IA, the role of IA in leading combined assurance implementation, cooperation between IA and external auditor, and senior management support. Existing literature emphasizes the need for research to examine factors that influence the effectiveness of the IA function, especially as few studies have been conducted on this topic. To the best of the researcher’s knowledge, this is the first empirical academic study in this area that covered all the GCC countries. This study contributes to the IA literature in different ways. First, by testing the relationship between the role of IA in leading combined assurance implementation and IA effectiveness. Second, by examining the moderating role of senior management support in the relationships between the aforesaid factors and IA effectiveness. Third, by testing new relationships, to the researcher’s knowledge, this is the first study that examines the relationship between IA role in leading combined assurance implementation and IA effectiveness, also this is the first study that examines the moderating role of senior management support between the relationship of IA effectiveness and the following factors: IA size; IA relationship with audit committee; adopting risk-based audit by IA; adopting a quality assurance and improvement program by IA; IA role in leading combined assurance implementation. In addition, this study expands the application of agency theory and institutional theory, also expands the literature and provides new insights into the factors that affect IA effectiveness and the moderating role of senior management support.
This study employed a quantitative deductive approach. Data were collected by using a web-based questionnaire that was completed by 207 chief audit executives working in the GCC publicly listed companies. The results revealed that IA independence, IA size, IA staff competence, adopting a quality assurance and improvement program by IA, and the role of IA in leading combined assurance implementation were factors that positively and significantly affected IA effectiveness. Whereas, the relationship between IA and the audit committee, adopting a risk-based audit by IA, cooperation between IA and external auditor, and senior management support were factors that did not significantly affect IA effectiveness. Moreover, the results showed that senior management support, as a moderator between the examined factors and IA effectiveness, strengthened the relationships between IA effectiveness and IA independence, IA staff competence, and adopting a risk-based audit by IA. However, the results showed that senior management support as a moderator dampened the relationships between IA effectiveness and the relationship between IA and the audit committee, adopting a quality assurance and improvement program by IA, and the role of IA in leading combined assurance implementation. In addition, the findings suggested that senior management support did not play a moderating role in the relationships between IA effectiveness and IA size and cooperation between IA and external auditor.
Furthermore, this study drew on the agency and institutional theories, and contributed to the internal auditing knowledge by applying these two different theories to identify factors that affect IA effectiveness and determine the importance of these factors in shaping IA effectiveness. Moreover, this study applies agency theory to explain the relationship between senior management and IA and explain the moderating role of senior management in reducing information asymmetry between senior management and the board through the support provided by senior management to IA function and interactions with factors that influenced IA effectiveness. In addition, this study contributes to institutional theory by emphasizing the isomorphic behavior of IA functions in companies and considering a broad set of factors and their influence on IA effectiveness. Finally, this study offered several policy implications for IA practitioners, audit committees, senior management, and external auditor, also offer policy implications for policy-makers, and regulators in the GCC countries that may help them to enhance corporate governance legislations
Effects and Perceptions of Game-Based Formative Assessment on Vocabulary Acquisition in EFL Primary Classrooms in the UAE
No full textIn foreign language classes, vocabulary acquisition plays a crucial role in improving learners' language skills as it directly impacts their ability to communicate effectively in the target language. However, many EFL students face challenges in acquiring vocabulary which has created a recurring issue in language learning. This mixed methods study investigated the effects of GBFA (Quizlet) on EFL students’ vocabulary acquisition. It also aimed at investigating students’ perceptions about the use of GBFA (Quizlet) for vocabulary learning and explored EFL teachers’ perceptions about using GBFA (Quizlet) in teaching the new vocabulary words among EFL primary age students in a private school in Abu Dhabi/United Arab Emirates. The quantitative data was gathered through employing pre- and post- tests as well as a questionnaire. While the qualitative data was obtained by conducting semi-structured interviews with 6 EFL primary teachers. Constructivist learning theory, input-process-outcome game-based learning model, computer assisted language learning (CALL), mobile assisted language learning (MALL), and technology acceptance model (TAM) were used as theoretical frameworks to understand the impact of GBFA, specifically Quizlet, on students’ vocabulary learning to get a holistic picture of students’ as well as teacher’s perceptions of the implementation of Quizlet for vocabulary learning. The findings revealed that there was a significant effect of employing Quizlet on students' vocabulary acquisition. The questionnaire responses indicated that the majority of students had positive perceptions of Quizlet, considering it user-friendly, easy to navigate, and beneficial for enhancing their vocabulary learning. Students also expressed a strong intention to continue using Quizlet for vocabulary learning. Furthermore, the interviews conducted with EFL teachers confirmed a consensus among them regarding the positive effect of Quizlet on vocabulary learning. Limitations and recommendations were addressed based on the main results of this research
Reducing Delays in the Construction of Infrastructure Projects: A Case Study of Applying Agile Methodology Best Practices in Railway Project in the UAE
No full textThe infrastructure project sector in The United Arab Emirates is considered one of the most advanced and developed in the region. Infrastructure projects have a massive impact on the country's economic development and growth. Usually, these projects are costly, take many years to construct, and effects millions of people. The successful completion of infrastructure projects is essential, as it can improve economic growth and quality of life in the UAE. However, 50% of the construction projects in the UAE face delay due to the complex and dynamic environment of these projects. Infrastructure projects require a more fixable framework than the Traditional Project Management framework commonly utilized in this sector.
This research paper explores the Agile Project Management (APM) framework practices and tools to identify the best APM practices that can be adopted in a Traditional infrastructure project in the United Arab Emirates to develop a Hybrid project management framework. Also, the factors causing the delay and the Agile enables projects can implement to help the adoption of APM practices in infrastructure projects. All of this is explored using a survey conducted on a Railway project in the UAE. The survey finding shows that all the proposed APM practices can assist in reducing the time overrun, and a Hybrid framework is developed according to the research findings; this framework focuses on applying the agile practice in the execution phase, where most of the delay factors occur, and applying traditional project management practices in the initial phases of the project is more effective in establishing a well-detailed project schedule.
Using the hybrid framework in infrastructure projects can help improve performance, communication, and adaptability to changing requirements. The developed Hybrid Framework model is suggested for infrastructure projects in the United Arab Emirates
Implementation of Reliability Maintenance (RCM) for Extending Life of Compressors in Ship Repair Yard
No full textThis study aims to investigate the implementation of Reliability Centered Maintenance (RCM) for extending the life of critical aging assets using in the case study on the compressor used for compressed air supply in the shipyard. RCM is the systematic and proactive technique to optimize the maintenance strategy of assets or systems based on the function, failure, and consequences. RCM helped to prevent and mitigate the potential failure and its effects on the system performance, safety, economy, and the environment, and it extended the asset's life. This study has followed a seven-step RCM methodology to implement the study. This study also used tools like failure mode, failure mode effect, and critical analysis through FMECA and the Risk priority number (RPN) to consider the failure mode and select the most suitable maintenance task. This study also proposed the reliability cycle for the continuous improvement process in RCM. This study found that RCM also helped to determine critical equipment or elements that eliminate failures, keep the equipment healthy for a longer period, and extend assets' life. Moreover, this study also determined some of the challenges and limitations of the RCM implementation, such as budget and resource constraints, management support and commitment, data quality, and the availability of empirical evidence. This study concluded with some recommendations for overcoming these challenges and their limitations, like constructing the cost of benefit analysis that obtains stakeholder involvement and feedback, developing a clear and consistent procedure for the implementation, and conducting more research to provide with further evidence for the RCM's ability to extend asset life
The Impact of Teacher Leadership on School Improvement: Exploring the Experiences and Views of School Leaders and Teachers in Private Schools in Sharjah
No full textThe research study investigates the Impact of Teacher Leadership on School Improvement by exploring the experiences and views of school leaders and teachers in private schools in Sharjah. The study explores teachers' and school leaders’ perceptions and views of teacher leadership and its impact on school improvement. It investigates the strategies applied by school leaders to promote teacher leadership. The study adopted a mixed-method research approach utilizing two closed-ended surveys (quantitative data) shared with school leaders and teachers and a semi-structured interview with school leaders (qualitative data). The study was conducted in two American private schools in Sharjah. The school leaders’ survey was sent to 21 school leaders, while the teachers’ survey was sent to 128 teachers. Six school leaders were interviewed in this study to explore their views of teacher leaders and investigate the strategies they applied to promote teacher leadership in their schools. The quantitative data was analyzed by SPSS Software. The study shows that teacher leadership has a vital impact on school improvement through collaboration between teachers and sharing good practices through professional development sessions and initiatives. Lead teachers act as a bridge between teachers and school leaders; they help communicate teachers’ voices and have them take a better role in decision-making at school. Teacher leadership can enhance parents’ involvement in the school by utilizing the parent-teacher association. The study revealed roadblocks to teacher leadership, such as a lack of resources, time, and sometimes school policies. At the end of the study, the researcher highlighted some possible limitations and recommendations that future researchers can utilize in planning their study.
Keywords: teacher leaders, school improvement, empowerment, leadershi
The Impact of Institutional Support, Cluster Involvement, and Absorptive Capacity on Innovation and Market Performance in Industry Clusters in the UAE
No full textWhile industry clusters can enhance a firm’s resources and improve performance, judging the role such clusters play in developing countries, such as the UAE, without assessing the pertinent institutional factors surrounding these firms and their capabilities provides an imperfect portrayal of such clusters. The existing literature regarding industry clusters often overlooks the role of the cluster facilitators in supporting firms through the institutions they create and the knowledge they enrich for their members and further neglects the concept that firms within clusters are heterogeneous in terms of their capabilities; hence, they do not capitalise on the benefits equally. This research explores the effect of institutional support and cluster involvement on the innovation performance of the firms within industry clusters in the UAE while considering a firm’s absorptive capacity as a mediator. This research relied on the institution-based view (IBV), the resource-based view (RBV), and dynamic capabilities theories to develop the conceptual framework and adopts a quantitative approach. Data was collected from 225 companies within various industry clusters in the UAE and analysed using Structured Equation Modelling (SEM). Unexpected findings revealed that the institutional support and cluster involvement are insufficient to improve innovation performance directly. Industry clusters may improve a firm’s innovation performance through the mediation effect of the absorption capacity of firms which partially mediates the relationship between cluster involvement and innovation performance and fully mediates the same relationship with institutional support. This research is among the first attempts to integrate the IBV, RBV, and dynamic capabilities theories to explain how industry clusters can improve clustered firms’ innovation performance. On a practical note, the findings highlight the importance of cluster involvement and the progressive development of organisational learning systems to exploit the benefits of being located in an industry cluster
