Trnavská univerzita V Trnave Fakulta zdravotníctva a sociálnej práce Sprachkompetenz in der Wissenschaft Language Competence in the Science
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- Bu səhifədəki naviqasiya:
- Communication in the business environment
- Principles of the effective communication
- Barriers to effective communication
- Improvement of the effectiveness of communication
- Team work as part of effective communication
- INTERNATIONAL COMMERCIAL ARBITRATION ANDREA PELEŠČÁKOVÁ
- Key words
ADRIANA PÁPAIOVÁSlovakia, Economic University in Bratislava E-Mail: adinkoster@gmail.com Abstract In my article I would like to focus my attention on effective communication in business environment. The goal is to point out the importance of effective communication by means of the principles of communication. Effective communication not only influences but also forms the company. Knowledge of the effective communication has intense social and economic importance. The deeper view on influences of the effective communication has been uncovered, the stronger connections has been revealed. Considering the fact that effective communication is necessary for bussiness environment,it is a must to dedicate adequate attention to it. Key words: Effective communication. Principles of effective communication. Barriers to effective communication. Importance of effective communication. Business environment. Introduction Effective communication in an organization is one of the fundamental assumptions of its operation. Communication as a key factor of mutual belonging, whether personal or professional, directs the operation of not only the everyday life of the individual, but also has an impact on interpersonal relationships within the business environment. It affects the lives of all staff members, but also all employees affect corporate communications. Without mutual understanding, ideas, plans, opinions of the other party it is not able to streamline communication in a positive direction. Failures in communication are often the cause of problems in interpersonal relationships, in the management of the operation, as well as in the lower effectiveness of relatively proper set up of an information system. Effective communication helps the selection of objectives, finding ways to facilitate the fulfillment of the objectives, but also helps to solve problems or conflicts. Communication is an essential tool when evaluating people, their motivations, whether internal or external, as well as a guide to guide people in the business environment. The enterprise interacts with suppliers, with customers, with representatives of the government and, in particular, with the public. That is why it would be authoritative mastery of the principles of effective communication, improving their communication skills and use of effective communication techniques. Communication in the business environment Communication is one of the most important components of the business functioning. It is art, which we all are obtaining. Corporate communications shall be deemed to be an instrument of corporate culture and corporate values clarification. It takes place between the superiors by subordinates, between management and owners, collaborators, etc. Without an appropriate interpretation of the interests is impossible to achieve the business objective. Communication is a complex process where an individual listens to each other and expresses their thoughts, opinions and ideas. Allows you to affect individuals and groups, to modify their behavior to achieve effective changes. If the undertaking has consistent performance reporting, and if all of its employees work effectively and efficiently , there must be available a sufficient amount of information. Effective communication in business supports the positive communication atmosphere. In the past it was more widespread, to the effect that they were trying to reach out to the widest possible range of customers. The more contacts, the more valuable the business. Nowadays companies selected consumers much more cautious and mindful of the long-term cooperation. The aim of the business is reaching out to prospective customers, the motivation of the customer to purchase and the acquisition of his loyalty. In the past, a lot of businesses focused on the acquisition of new customers and one-off shops still. Today the emphasis is on long-term cooperation and the basis for obtaining the client is effective communication of the company. A direct form of networking, whether domestic or foreign customers, has a more personal and more trustworthy character. People require attention, the ability to respond to the offer, to express their views and positions on the field, in order to evaluate their own conclusions and also come into personal contact with the company and its identity. Effective communication Effective communication means to define the basic procedures to be followed in communicating. It is one of the major competitive advantages for your organization. Effective communication is influenced by several factors, including expertise, thinking, ability to react, the expression of refinement, behavior, and social principles and standards compliance pleasant behavior. In particular, it is important that the organisation intends to reach out to a group of people (used by various means, tools and techniques). External and internal communication must be effective. It is not possible to have a perfectly revised internal communication and neglect external, it is essential to have them both in mutual compliance. Effective communication enables you to:
Principles of the effective communication The principles of effective communication have been facilitating the achievement of the desired objective. These are the basic procedures to be followed in communicating. This means respecting certain rules, which contribute to the smooth transfer of information. By the principles any communication process hall be governed. The communication led to the goal being, it needs to respect certain principles,which contribute so much to the smooth transmission of the message and its meaning, as well as to the necessary communication atmosphere. (McLaganová – Krembs, 1998) The most common are referred to the following basic principles:
Under directness we understand the objective pursued by the communication. Straightness is the ability to talk directly to provide answers to almost all questions. Under the joint efforts of every member of the communication process, we understand the responsibility for the successful outcome of the communication. Among the principles are still relevant:
In particular, the following communication shortcomings may be demotivating:
Barriers to effective communication Communication takes place in a specific context and always in an environment that can in some cases cause a stem, or even failure of the communication process. A group of people without communication does not work, because it would be unable to coordinate its activities. The inability to communicate, but also an unwillingness to basic communication skills lead to shortcomings. Communication problems arise because the sender and the recipient properties are in conflict relationship. They may be caused by:
The most common communication problems and causes of inefficient communication in the business environment includes:
The result of the said communication problems can be a disruption of the communication system, interaction, neuspokojenie, deformation of the information needs, the disruption of the motivation, the launch of negative emotions, aggression but also a sense of helplessness, insecurity, fear and panic. Improvement of the effectiveness of communication However, barriers to communication process are clear to us, attention shall be paid to the ways in which to increase their effectiveness. Facts, that can improve the effectiveness of the communication are:
Effective communication is not easy. The effectiveness of communication, based on the systematic use of elaborated recommendations can greatly increase. Appropriate forms of communication will vary considerably depending on the situation, because there is no one best way to communicate. The communication strategy should be adapted, in particular, the right of communication to the beneficiary, and accessible, the primary communications channel. Team work as part of effective communication Effective communication plays an important role in the willingness of individuals to communicate. Individuals are grouped into teams and try to exchange their views and reach a common conclusion. The company has to act as a team. The whole company should work as an inseparable group. The process of communication needs a variety of support services. All the above mentioned factors are crutial. All of these activities can benefit from professional and social development of the company. Teamwork associates with modern society, leads to better decisions, improves the quality to lower costs and greater commitment to collaborators. The team is characterized by the special special features:
The very nature of teamwork is associated with added value, which can be caused by the following:
If we want the teamwork to be effective, it is necessary to select the appropriate communication and organizational framework. On the other hand, however, it must be said that under certain circumstances, can be the results of the communication worse for the team for various reasons. In this case, the negative synergy arises, which can be caused by a number of reasons:
A man cannot communicate, because behavior through which we communicate with other people is immediate feedback and communication act. Effective and productive can be only in so far as people are able to arrange and lay the foundations of his life, the material. Mutual getting to know one another, exposure of people to each other, creating a common social environment is important for all areas of life of the individual. Conclusion In any business communication it is a unique and focused part on other aspects of effective communication. Communication has a specific meaning, in particular, in economic practice, where people without an appropriate interpretation of interests fail to communicate. For raising the level of corporate communication, it is necessary to remove the barriers to communication. If employees are satisfied, the organization that can be used as a motivational resource. The effectiveness of communication affects many factors which are, in particular, caused by the behaviour of the human factor. Therefore, it is necessary to continually acquire knowledge on the subject, which can make a substantial contribution to the improvement of the level of effective communication, whether within the company or outside it, as well as to contribute to the efficiency of communication in business conditions. Bibliography: ARMSTRONG, G. – KOTLER, P.: Marketing. Praha: Grada, 2004 BOOHER, D.: Komunikujte s jistotou. Brno: Computer Press, 2003 DONNELLY, J.- GIBSON, J.- IVANCEVICH, J.: Management. Praha: Grada, 1996 KLEIN, H. M., - KRESSE, A.: Psychologie - základ úspěchu v práci. Praha: Grada, 2008 LUDLOW, R. - PANTO, F.: The Essence of Effective Communication. Hertfordshire, Simon & Shuster International Group, 1992 Mc LAGANOVÁ, P. – KREMBS, P.: Komunikace na úrovni. Praha: Management Press, 1998 MAJTÁN, M. a kol.: Manažment. Bratislava: Sprint, 2003 NAGYOVÁ, Ľ.: Efektívna komunikácia. SPU, 1999 SEDLÁK, M.: Manažment. Bratislava: Elita: 1997 SZARKOVÁ, M. a kol.: Komunikácia v manažmente. Bratislava: Ekonóm, 2002 INTERNATIONAL COMMERCIAL ARBITRATION ANDREA PELEŠČÁKOVÁ Slovak republic, Univerzity of Matej Bel, Faculty of law, Department of Commercial, Finance and Competition law
The author characterizes international commercial arbitration in comparison with other forms of alternative dispute resolution as well as litigation. The author emphasizes the advantages of international commercial arbitration and describes the recognition and enforcement of arbitral awards. Key words: International commercial arbitration. International law. Commercial law. Arbitral award. Introduction The sad truth is that nowadays the old principle pacta sunt servanda is long forgotten. We are not entering into contractual relationships with an intention to follow through. We are already looking for the leeks, for the ways how to breach it. With such deformation of not only legal principles but especially our morality, the number of cases in the courts are increasing day by day. This is not happening only within the Slovak republic but it’s a worldwide problem. Moreover, the courts often lack the technical as well as personal support to deal with the workload. Hence an idea was born. Alternative dispute resolutions. Everyone has the right to a fair trial but even our constitutionallows the case to be heard before another body aside from the courts. If the parties decide to settle their dispute without going to the court, why not provide them with the opportunity? Results Alternative dispute resolutions provide the freedom of choice when t comes to procedure. The parties are no longer obliged to meet all formal requirements needed for the court proceeding but can settle their dispute in an alternative way, e.g. via negotiation, mediation or arbitration. Negotiation is the most basic form of settlement. It’s based on an ideaofdiscussionbetweenthepartieswheretheyarewillingto reach an outcome beneficial to both of them. However, this is not easy in real life. As already stated in the introduction of this article, we are no longer trying to settle amicably, we don’t want to compromise. If negotation worked as it should, there would be no dispute and without a dispute there is no trial. Mediation is an alternation of negotation when a third party serves as a mediator. Legislators in Slovak republic are trying to promote this form of dispute resolution since it provides better results, especially in sensitive cases such as divorce and custody battles. However, in practice mediation is not yet very popular. Arbitration is the most similar to litigation out of all alternative dispute resolutions and is also used the most in practice, especially in the international forum. Arbitration is based on the agreement between the parties. The parties must always express their will to arbitrate their dispute. This manifestation must be in written form, usually in the arbitration clause or arbitration agreement. The parties can agree upon the language, place, arbitratorortribunal, law or principles, etc. There are almost no limitations to their choices. Arbitration can be divided into two categories. The ad hoc arbitration for specific dispute or associated disputes and institutional arbitration represented by the arbitration courts that operate perpetually. The pernament arbitration courts play a very important role, even more so when it comes to international commercial arbitration. The courts form principles which are then followed through the arbitration process to ensure its fairness. Some of those courts also serve as a supervisory body and overlook the arbitrations it self. For example, the International Court of Arbitration (ICC) mainly focuses on exercising control over arbitrations based on the ICC rules of arbitration. As a result of the growth of international trade, there are cases with connection to more than one legislation.This conflict of laws is primarily dealt with within the scope of international private law. However, even though the international private law may provide answers for the professionals in the field, it doesn’t solve the most basic issue, i.e.the insecurity of the parties. Even ifthepartiesweretoreachan agreement on choice of law according to the international private law, it’s usually an agreement putting one of the parties into a slightly worse position. The law of their choice would in most cases still be more familiar to one of them. Therefore, international commercial arbitration is a very popular mean of dispute resolution, especially in connection with cases containing international element. There are numerous advantages to the international commercial arbitration. The one that stands out the most is the enforceability. With other alternative dispute resolutions, the parties must be willing to accept the result and act upon it. However, arbitration awards are put on the same level as courts decisions and therefore, a receiver can enforce the arbitral award even againstthewilloftheparties.Inaddition, there are international treaties dealing with the cross-border enforcement of arbitration awards. The most important one is the The Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention which has up to 156 parties, therefore the recognition and enforcement is not only limited to the state territory or European Union. This is very important, especially considering the trade with states such as USA, Russia, China and Japan. While arbitration is the most popular out of all alternative dispute resolutions, its popularity in Slovak republic is not on the same level as internationally. This is unfortunate since international commercial arbitration is the best way how to deal with the disputes arising out of international trade quickly and effectively.
When the Act on arbitration was amended, it became possible for every legal entity to have its own arbitration court. This right was used mostly by the non-bank financial institutions which then resolved their disputes via their own arbitration court. It became unclear whether the right to a fair trial is followed in such cases since the court made upon the will of one party can’t be impartial. Many people lost their assets through such unfair judgements and so the Act was amended again. However, the faith in arbitration was uterly destroyed and is now hard to recover. Consumer protection is another trend obstructing the way of arbitration. Following this trend, the legislators have devided the arbitration into two separate categories: the commercial arbitration and the consumer arbitration. This is a very recent change and it is to soon to predicthowwillthearbitrationdevelopwithinthenewframework. While the consumers as the parties with a significantly lower resources are in need of legal protection, the current legislation, not only in the Slovak republic but also on the level of European Union, is too extreme and the law itself is suffering from this exaggeration. There is a very clear difference of opinion on the international commercial arbitration from the Slovak point of view and in the international sense. Yüklə 1,83 Mb. Dostları ilə paylaş:
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