Individual assessment Case study 1

  • Your company is currently discussing a contract for the construction of solar panels with the Government of Vindalubia.
  • Your company is requested pay a motivation fee for the Minister of Energy of Vindalubia in order to facilitate the signature of the contract with the Government of Vindalubia.
  • The CEO of the company asks you to look into this issue.
  • Do you pay the motivation fee? Why? What are the legal aspects you will take into consideration in order to justify your decision?
  • Please prepare a document explaining your decision, your arguments and the legal reasons for your decision



Assessment Case study 1 Answer


We will disagree with paying the motivation fee and considering it as bribery. We will notify the CEO. An act done with an intent to give some advantage inconsistent with official duty and the rights of others. It includes briberybut is more comprehensive;because an act may be corruptly done, though the advantage to be derivedfrom it be not offered by another, this is considered as well as corruption.

The forms of corruption are diverse in terms of who are the actors, initiators, and profiteers, how it is done, and to what extent it is practiced.

The Convention does not utilize the term “active bribery” (to avoid it being misread as implying that the briber has taken the initiative and the recipient is a passive victim). Moreover, that could lead the further company dispute.We will also refer to The OECD Convention.

  • Article 1

Each Party shall take such measures as may be necessary to establish that it is a criminal offense under itslaw for any person intentionally to offer, promise or give any undue financial or another advantage,whether directly or through intermediaries, to a foreign public official, for that office or a third party,so that the official act or refrain from acting concerning the performance of official duties, from obtaining or retaining business or another improper advantage in the conduct of international trade.

We will refer to the United Nations Convention of 2003 Convention Against Corruption

  • Active and passive corruption by a public official

Passive corruption or bribery has been described as the acceptance of any undue advantage by a public official in exchange for performing a corrupt act relating to his or her public functions. Active corruption could be described as the granting of any undue advantage by a public official for himself or herself in exchange for performing an act of fraud relating to his or her public functions. Both offenses can be committed either directly or indirectly.

  • Article 15

The article prohibits passive and active corruption and mandates the States to take measures to establish as criminal offenses.

  • The elements constituting rushing offense are those promising or offering or giving something to a public official.
  • An undue advantage may be something tangible and intangible, whether monetary or non-pecuniary. The unfair advantage, however, must be linked to the official’s duties.
  • Passive bribery requires soliciting and accepting the bribe to constitute an offense.

The primary reason for my decision against the payment of the above mentioned ‘motivation fee’ is that the demand or the ‘request’ for the amount of such a sum of money for the facilitation of the business contract falls in the domain of bribery. The demand for a motivation fee is an attempt of solicitation and extortion from the office of the Minister of Energy to enable the company to construct solar panels with the government of the country. Solicitation is defined as the ‘demanding of a bribe, whether or not coupled with a threat if the demand is refused.’

Resisting such demands and ‘requests’ of solicitation and extortion are imperative for the leadership and executive management of the company to foster and maintain a culture that promotes and encourages ethical and moral business practices within the organization. Apart from the moral and ethical obligations, specific legal considerations also call for the resistance against attempts of solicitation for securing business contracts. One of the major international projects that are aimed at enabling the companies and businesses to resist solicitation during business transactions is the RESIST Program, which is a joint venture between the ICC, UNGC, PACI, and Transparency International (ICC, 2019).




Individual assessment Case study 2


  • Your company signed a contract for the construction of solar panelswith
  • the Government of Vindalubia (fictitious state).
  • Your company paid a ‘motivation fee’for the Minister of Energy of Vindalubiato facilitate the signature of the contract with the Government ofVindalubia.
  • A few months later, the Government of Vindalubia terminated the
  • The CEO of the company is really concerned about this issue. CEO asks you to look into
  • What should the companydo?
  • What are the methods of resolving the dispute?Why?
  • Pleaseprepareadocumentexplainingyourdecisionandthereasonswhy? you propose your answer.



Assessment Case study 2 Answer


International business contracts and transactions are incredibly susceptible to a range of global factors and influences that can easily result in the termination of such agreements. It is, therefore, imperative for a company to prepare and plan for conflict resolution in case of international business contracts, especially in the context of dealing with a foreign government. A dispute resolution clause is a vital aspect of a global business contract that outlines the steps and legal procedures that need to be taken to arrive at a possible and viable solution to the conflict.

The company should verify that contract in detail. The contract should be sufficiently precise so that difficulties of complying with the contractual provisions are unlikely, but also flexible enough so that foreseeable contingencies fall within the scope of the agreement. If the company desires an ongoing commercial relation, they may wish to specify that disagreements be initially addressed by re-negotiation, mediation, or conciliation, or other forms of dispute resolution mechanisms as an alternative to court or arbitral proceedings.

A well-drafted contract will also contain a clear and precise clause specifying the dispute resolution technique agreed upon by the parties.

International arbitration is the most common way of solving international business disputes.If the company failed to provide for a specific dispute-resolution mechanism in their contract, they might try to agree after a dispute has arisen.

One of the most fundamental and significant ways, in order to solve business conflicts and disputes between contracting parties, is through the process of international arbitration. It is considered to be more effective in the context of decision enforcement than litigation in the instance of a global business conflict. The company should discuss the possible terms and aspects of an arbitration process with the officials and representatives of the government of the country. The two parties should decide on which arbitration rules and frameworks to follow to solve the business conflict. Some of these arbitration rules include the

  • UNCITRAL Model,
  • Washington Convention,
  • ICC Arbitration Rules etc.

Apart from deciding the governing rules, the parties should also agree on other aspects of the arbitration process, including the choice of arbitrators, the duration and obstacles of the process, and the place of arbitration. Additionalprocedures for solving the business dispute include negotiations, the establishment of a dispute review board, conciliation and mediation,etc. However, reaching an agreement on elements such as the place of arbitration, the applicable law to the merits of the case, and the selection of the arbitral institution and the range of the arbitral tribunal may be complicated(Redfern & Hunter, 2004).



Individual assessment Case study 3


  • You recently joined your company as the Chief Compliance
  • The company is a medium-sized company based in Riyadh doing business in the construction
  • TheCEOofthecompanyisreallyconcernedbecausetheCompanydoes nothaveaComplianceandEthicsTheCompanypreviously haddifficultexperiencesinnegotiatingcontractswithnewclientsand subcontractors.
  • TheCEOasksyoutoproposeanewComplianceandEthicsProgrammetobediscussedatnextTheCEOalsowantsyoutomakeproposalsforaCorporateGovernanceofthecompanyifthiscanfacilitate thesettingupof thenewComplianceandEthicsProgramme.
  • Please prepare a document detailing your proposed Compliance and Ethics Programme and a new Corporate Governancestructure.
  • Explainthereasonsforthisnewprogram,theobjectivesandthelegalbackground.


Assessment Case study 3 Answer


The establishment of an effective corporate governance structure is necessary for the compliance and ethics program to function efficiently. Some of the proposals for corporate governance are as follows;

  1. Establish clear Vision and Mission and Values to be communicated through all levels of employees.
  2. Establish clear objectives and goals
  3. Establish clear measures for evaluating the performances of senior managers and executives of the company.
  4. Most of the members on the board of directors of the company should be independent actors. An independent nomination committee and a distinct process for monitoring the performance of the directors should be established.
  5. Policies should be drafted to develop a clear and distinct code of conduct for the company. The system of conduct should serve as the guiding framework for all business decisions and activities of the organization.
  6. An independent audit committee should be set up to maintain the integrity and transparency of the financial activities of the board and the organization’s business dealings.
  7. A capable communications team should be established with the sole objective of disclosing all the relevant data and information regarding company activities to the shareholders in a timely and efficient manner.
  8. An independent remuneration committee should be established that designs and maintains fair and just compensation procedures for higher management (ASXGC, 2007).
  9. A Risk Management Committee should be setup, The Committee should have overall responsibility for monitoring and approving the risk policies and associated practices of the Company. The risk management committee will also be responsible for reviewing and approving risk disclosure statements in any public documents or disclosures.

The establishment of a corporate governance structure along with a compliance and ethics program will help in developing a code of conduct for the company, which will govern and monitor all organizational policies and practices. The primary objective of the ethics and compliance program is to effectively protect and safeguard the interests of all the stakeholders associated with the organization. The program will not only enable the employees to carry out their work practices in an effective and ethically compliant manner, but it will also facilitate the shareholders of the company and streamline the business practices with their interests by establishing values of transparency, integrity and disclosure. The corporate governance structure and the compliance and ethics program will also help with the effective planning and implementation of risk management practices (Jackson, 2010).

The Organization for Economic Cooperation and Development (OECD) has developed a framework for organizations and business that provides a guideline for establishing compliance and ethical practices within the company. Such principles include development and promotion of transparent and effective policies and business strategies, clear and distinct division of responsibilities, protecting the interests and rights of shareholders, ensuring the equitable treatment of all stakeholders of the company, provision of equal opportunities to all shareholders to obtain effective redress in case of violation of their rights, ensuring effective and efficient disclosure and transparency practices, establishing monitoring and evaluation mechanisms and accountability activities within the company, and ensuring that the board of directors and the managerial leadership of the company performs its duties effectively (OECD, 2004).




  • (2007). Corporate governance principles and recommendations.
  • (2019). Resisting Extortion and Solicitation in International Transactions (RESIST). Retrieved December 30, 2019, from ICC – International Chamber of Commerce website:
  • Jackson, G. (2010). Understanding corporate governance in the United States: An historical and theoretical reassessment. Arbeitspapier, Unternehmensmitbestimmung und Unternehmenssteuerung.
  • (2004). The OECD principles of corporate governance. Contaduría y Administración, (216).
  • Redfern, A., & Hunter, M. (2004). Law and practice of international commercial arbitration. Sweet & Maxwell.



Different methods of assessment get used in educational systems
Different methods of assessment get used in educational systems

Different methods of assessment get used in educational systems all around the world. The question that arises, however, is whether the means of assessing students employed in schools are the right measure of their intelligence or not.

Assessments are kept in an educational system to promote student learning. That might not always be the case. Increasingly, assessments have become a rat race for gaining more marks, whether they get scored justly or not. Students often cheat or get their work done by someone else entirely, to score a better grade.

This makes us question the entire notion of assessments and their types. The purpose of this paper is to discuss the different forms of assessments and their pros and cons with regard to reliability and validity.

The first and perhaps the most common type of assessment are “fill in the blank,” multiple-choice questions with four answer choices, and true and false queries. All of these methods are targeted at checking whether the student has the basic factual knowledge regarding a concept. Over here, students do not have much space for writing long answers or to make something up. They are either right or wrong, so unless they very accurately understand the subject, they are more likely to give wrong answers.

So, the overall advantages are that they are easier to check for the teacher; students can get tested on broad concepts in a precise manner; the level of understanding of the students can get determined. On the other hand, the disadvantages are that there isn’t much space for the student to think aloud about the concepts getting taught in class, there is no margin for human error, the students could get the answers right by luck or via unfair means. In the case of the latter, this assessment type doesn’t seem to be the correct way of telling where an individual student’s level of understanding lies (Weimer, 2015)

A “Matching” test, as the name suggests, gives two lists of items to students where they have to match an item from the first list with an element of the other list. Such tests are usually done when the examiner is testing a course that includes a lot of dates, names, places, and events.

The advantages of this testing method are that it isn’t time-consuming to construct a paper on it, the results are very reliable, and there is less chance for error in marking the paper, which shows the students’ objective skills and knowledge.

While the disadvantages are as follows: this testing method is not appropriate to test knowledge that requires a deeper analytical understanding of concepts. Students might not apply their knowledge but just intuition and guesswork to match the answers.

So, guesswork may lead to the correct answers in which case; the method is not an accurate measure of the students’ scope of knowledge about a particular subject. It can be said, perhaps, that this testing method is only efficient with regards to the nature of the course getting taught (Stecher, 1997).

A portfolio is a very objective type of assessment. It includes different forms of works compiled by the students, which may consist of written work or presentations. It cumulatively shows a student’s performance. Portfolios are considered to be relevant even out of the education system as they represent how much an individual has achieved in his professional life. Individuals have a way to present their achievements and skills via a portfolio creatively.

From the perspective of an education system, portfolios allow a more diverse form of assessment. They will enable the teacher to understand the student’s personal creative and analytical skills, and also his knowledge over the subject getting taught. Since portfolios are also long-term, the gradual progress of the student throughout the semester can get analyzed. Portfolio assignments may also require group work or consistent guidance from the instructor, so this assessment type also encourages healthy interactions amongst students and teachers. The drawbacks of portfolios are that they are time-consuming and often cumbersome to create for the student and equally more difficult for the teacher to check and mark. They require comprehensive grading criteria (Wright, 2015).

One-to-one discussion is a type of oral assessment. It is used to test the students’ confidence and command on a particular topic. How much he can answer face to face based on his deep understanding regarding the subject getting taught. The advantages of this assessment are that they don’t require the time taking tasks of writing down a paper or checking it.

Everything gets done on the spot. It helps build the confidence of students and allows them to showcase their knowledge and intelligence in front of an audience. There is no chance of cheating to get the right answer. Disadvantages are that some students who suffer from stage fright are likely to score poorly when in fact, they could’ve scored well if the assessment was on paper. So in this way, the method becomes unreliable to judge every single student accurately (Iqbal, 2010).

All of the different assessment types vary in reliability and validity in judging the students’ knowledge level accurately. It can be said that both these factors also vary with the nature of the subjects getting taught. For example, multiple papers will not be the best assessment type for a subject like literature, which requires a lengthier display of the themes discussed. Validity is a measure for accuracy in the answers given, and reliability intends to show the consistent performance of the students. Assessment types such as multiple choices, fill-in-the-blanks, true and false have more “valid” results but are not “reliable” methods as they do not show consistent performance. On the other hand, Portfolios may not be as valid because their grading criteria are more extensive and subjective. 

But they are more reliable because they show the consistent performance of the students. Overall, from the information shared in this essay, it can be concluded that portfolios are the best assessment type relative to the rest(Iqbal, 2010).


Iqbal, I.Z., Naqvi, S., Abeysundara, L. and Narula, A.A., 2010. The value of oral assessments: a review. The Bulletin of the Royal College of Surgeons of England92(7), pp.1-6.

Weimer, M., 2015. Advantages and disadvantages of different types of test questions. Retrieved from FACULTY FOCUS: https://www. facultyfocus. com/articles/educationalassessment/advantages-and-disadvantages-of-different-types-of-testquestions.

Stecher, B.M., Rahn, M.L., Ruby, A., Alt, M.N., Robyn, A. and Ward, B., 1997. Using alternative assessments in vocational education. RAND-PUBLICATIONS-MR-ALL SERIES-.

Barbara D. Wright. 2015. Advantages and Disadvantages of Assessment Techniques. Retrieved from:

Pellegrino, J.W., Chudowsky, N. and Glaser, R., 2001. Knowing what students know: The science and design of educational assessment. National Academy Press, 2102 Constitutions Avenue, NW, Lockbox 285, Washington, DC 20055.



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