Emotionally Disturbed Children May Significantly Benefit From Individualized Education Programs

Many emotionally disturbed children are eligible for special education if their emotional condition occurs over a period of time to a significant degree and it adversely affects their educational performance. According to the federal Individuals with Disabilities Education Act (IDEA) a child with an emotional disturbance must exhibit one or more of the characteristics: ” an inability to learn that cannot be explained by intellectual, sensory, or health factors, and inability to build or maintain satisfactory interpersonal relationships with peers and teachers, inappropriate types of behavior or feelings under normal circumstances, a general; a pervasive mood of unhappiness or depression and/or a tendency to develop physical symptoms or fears associated with personal or school problems.”

Each state in the United States has regulations of their own to carry out the policies in IDEA. Some parents find it confusing that each state is allowed to determine what to name their categories of disabilities. For example; children with emotional and/or behavioral disabilities may be categorized under many different names, such as; emotionally disturbed, behaviorally disordered, significant identifiable emotional disability, emotional/behavioral disability and likely others I am unaware of. Regardless of what the disability category is called, if your child qualifies he or she is entitled to an Individualized Education Program (IEP) with annual goals and objectives, services and accommodations and modifications.

I have worked with many children with emotional disturbances who were in a self-contained classroom setting or integrated into the general education population with pullout and/or inclusion support. The diagnoses of the children I have worked with most often over my career as an educator are children with bi-polar disorder, anxiety disorder, reactive attachment disorder, obsessive-compulsive disorder and depression. Some children with emotional disabilities are stabilized through medication and private therapy and their emotional disability does not negatively affect their education for long periods. Other children with these diagnoses tend to exhibit many behaviors as well as learning difficulties because of their emotional disabilities.

If your child qualifies for special education under the category of emotional disturbance, many interventions may be used in either the general education or special education setting to assist your child in experiencing more educational success. Some of the most common are: individual psycho-educational counseling, general group counseling or topical group counseling such as anger management or social skills, classes or participation in curricula in social skills, study skills and life skills, having a check-in/check-out person, graphic organizers to help with organizational skills, a designated “cool down” place to can go if the child gets overly angry, anxious or emotional, designated seating, testing and/or instruction in a smaller environment and a regular home-school communication system.

If you have a child with an emotional disability who has experienced significant struggles with school for an extended period of time and meets one or more the criteria listed in the first paragraph of this article, you may want to request, in writing, a special education evaluation from your child’s school to determine their eligibility.

A Home Based Business Could Be Your Road To Financial Freedom

Are you ready to reinvent yourself with a home based business? Or are you just tired of not knowing where the next paycheck is going to come from? You are not alone. It is scary out there for sure. In these uncertain times, how much thought have you given to starting a home based business?

Many people have. But sometimes that is where it begins and ends. Not sure where to turn, or even how to investigate the possibilities, many people put the dream of a home based business on the backburner and then never get around to it at all.

There are solutions, though. Especially online. Affiliate marketing has skyrocketed in recent years as people find new income potential on the internet. And it is true; there have been some cyberspace millionaires. But there have also been many failures, as people get confused on what to sell and maybe even more importantly, how to sell.

Selling on the web is a completely different ballgame. And it can quickly get overwhelming. That is why a business-in-a-box can be so attractive. And if you get the right one, you can have a home based business that might enable you to live the life you have always dreamed about.

YourNetBiz, or YNB for short, is one of those business-in-a-box that is showing a tremendous growth. It is an all-in-one, turnkey operation, loaded with information and offering coaching and training that is easy to grasp and, just as important, a breeze to implement. The tools included in this home based business enable you to create multiple income streams, as well as utilize any existing customer base you might have.

In addition, you will be able to develop residual income as well. This is important, because residual income is basically passive, hands-off income that you forget about. There is more than one home based business out there that only offers 1-time sales. These businesses will simply not offer you the income possibilities that YNB does.

You will be able to generate 75 to 100 leads per week with the YourNetBiz home based business. And despite these hard-hitting economic times, there is a hungry marketplace out there. Many people are looking for new ways to succeed, and with YNB, you will help them to do just that. Imagine how that would make you feel. You not only benefit financially, but you also get the marvelous feeling of knowing you are helping others achieve their dreams, too.

Even people who are brand new to internet income have already succeeded with YNB. You do not need to be an IT guru to understand and put into action all the priceless training that comes with it. That means with this home based business you can begin working towards a life of financial freedom sooner than you thought.

Fight the Economic Meltdown With a Home Based Business Opportunity

Home based business is better any day than a conventional nine to five job. Many people have been losing their jobs in the last year due to the heavy recession all across the globe. People have started looking for other options that could save their families from a financial crisis. The best way to deal with this economic catastrophe is to start a home based business opportunity.Have you ever thought why home based business is the choice of millions of people? Quite a large number of people find it to be the best model to work on. In United States itself more than 36 million people are working from home. What qualities and benefits of this model attract millions of people?Get to Spend More Time with Your Loved OnesWorking from home gives you personal freedom and that is what attracts a lot of worldwide population. You get extra time to spend with your beloved ones. Picnics, outings, shopping and other activities can be managed easily which you normally don’t get to do in between a conventional nine to five job. This does not mean that you have less work or you can take your business lightly.Home business gives you flexibility in scheduling your life and so that you get a chance to spend fruitful time with your family and loved ones. You have the liberty to decide what is good and bad for your own company which you don’t get in your normal job. You can learn a lot and utilize your time the way you want to, for the benefit of your business.Be Your Own BossIn a conventional job, you may feel that your boss is an evil person sitting right on your head with a whip in his hand. People love the thought of being their own boss in a home business. You can work the way you want to and feel comfortable doing it even while wearing your pajamas.As a matter of fact when your business expands, you will need to hire people. In that case you will be the boss who takes the responsibility of your organization and employees. You will need to learn how to make your own decisions which will help your business grow. You will be able to achieve a greater control over your life.What will help you to succeed in your home based business?Home business is definitely better than the normal office jobs, but it is not an easy task by any means. About 90 to 95 percent of people fail in their home based business. They do not realize what it takes to sustain in the market and build a profitable business.
You have to be disciplined in life in order to build a successful business.
Dream big to stay motivated all the time. It takes courage to dream big.
You will need to keep an open and positive frame of mind to be able to see new opportunities.
Dogged determination to keep you going through any situation is a pre-requisite for any kind of business.
Positive attitude will help with in your personal growth and benefit your home business opportunity as well.

Lucrative Home Based Business to Earn Handsome Money While Staying at Home

There are many home based businesses that help you to earn a handsome amount while staying at home. Various factors are responsible for the success of a lucrative home based business. The amount you invest, the demand for the business in the area, the skill to market the business, management abilities etc. are some among the factors. Let us discuss some of the home based businesses which are highly profitable.Event or Meeting Planner – An event or meeting planner is responsible for coordinating events and meetings for companies, associations etc. handling all the arrangements including reserving rooms, picking up guests from air port, taking care of food and entertainment etc. Sales meetings, conferences, trade shows, fund raising functions, hospitality events etc are skillfully organized by an event planner. The tasks are wide and varied like establishing meeting objectives and design, finalizing the site and required facilities, preparing the budget, establishing registration procedures, arranging food and drinks, getting the meeting materials printed, doing the necessary advertisements etc. In order to succeed in the business, it is important to have a keen eye for the details. It is also necessary to have several contacts in the travel, transportation and hotel industries. Negotiations skills and handling crisis with patience are qualities to be developed to become successful in the field.Business Plan Writer – Those who have a combination of business acumen, writing skills and creativity can take up business plan writing service. The main role is to develop a blueprint regarding various plans for development, market positioning, financial needs and investment costs to either start up a new business or expand an already existing one. A sound business background, ability to understand the business, sound knowledge of financial statements etc are needed to be become a successful business plan writer.Medical Transcriptionist – Medical transcription business is available for those who are interested in typing and the medical lingo. It is the job of a medical transcriptionist to document the medical records dictated by a healthcare professional. People with excellent listening skills, fast typing speed and aptitude for science and language can succeed in this field.

4 Advantages to Going Green in Your Home Based Business Or MLM Business

Green is in! The environmental movement is at the forefront of every major trend right now. Cities, businesses, and homes are all going green. We even get tax breaks for buying green cars and building green houses. And, we should! With global warming, pollutants, and environmental conditions being responsible for mutations and birth defects this is the best movement we could ask for! So, how do you capitalize on it in your home based business or MLM? Go green and use this movement to your advantages. Here are the top 4 advantages to going green in your home based business or MLM:Advantage #1: Going green in your home based business or MLM sends an important message.Having a positive influence and using and providing quality, healthy products is highly valued by others. MLM’s and home based businesses create networks – networks of people who use a service or product and like it enough to tell others. Those people use the service or product and like it enough to tell even more people. And, so the cycle goes of promoting, using, and believing in products and services that are good for us, for our businesses, and for the Planet. We are creating behavior and habits that will be around for years to come. It will influence the youth population and will make a positive difference in our environment.Advantage #2: Going green in your home based business or MLM is cost effective.It may cost a bit more up front to develop green products but in the long run you’ll make more due to increased sales and demand. Green Squad Consulting in San Francisco supported this theory when it declared that it may cost on average 3% more to build a green building but you’ll save 30-40% on utility costs. Consumers value and understand green products. And, the trend is only gaining momentum.Advantage #3: Going green in your home based business or MLM provides a loyal customer base.Eco-entrepreneurs not only create and sell value-based products, but they tend to be very loyal to these products. People who purchase eco-friendly products have a strong sense of community, open communication channels, and tend to share ideas and product recommendations. Green businesses generally have a higher brand image and attract more new clients and as a result see higher profits.Advantage #4: Going green in your home based business or MLM gives you an entrepreneurial advantage.The environmental movement is huge. Embrace it and become healthier and wealthier. Green businesses and products improve a business image, attract more new referrals or clients, and reap higher profits because people are generally happier, healthier, and more productive. An online home based business or MLM that has green products is especially smart. According to Forrester Research, online retail sales will go from $172 billion in 2005 to $329 billion by 2010. Take advantage of these two huge movements (ecommerce and the green movement) with a green Internet MLM or home based business.Find the right home based business, and to learn why 97% of home business owners fail and how to be a part of the 3% who succeed, – you can’t afford not to!

A Lucrative Home Based Business Option

Are you looking to start a lucrative home based business? When it comes to careers where you can be your own boss, there are a lot of different options that are out there. Having the ability to be your own boss is huge, and many people really enjoy having the opportunity to and run their own business. It means a lot to them to have the flexibility and know that the only person that they are reporting to is themselves.With all the great at home career opportunities as your means to a lucrative home based business, you may need to check out different business opportunities to see what is out there that will work for you. If you are still unsure, you may want to seek out a wealth mentor to help you choose. Then give a low investment opportunity a shot. This means you really won’t have much to lose by trying it out.Lucrative Home Based CareersWhen it comes to looking for careers that can also be high income home based careers, you have a lot of choices. It may be a business idea that you have come up with on your own, or it may be something that is through a company but gives you the ability to work from home. For a lot of people when they are looking to earn income at home, they often overlook a plethora of business opportunities that can now be operated from home.One can be a travel agent, an insurance agent, run a jewelry company, run a landscaping company, run a construction company, or even do tasks such as medical transcription from home. Really. The choices are unlimited; so if there is something that you enjoy and you think it is something with income potential for from home income, test the market to see if it can be profitable.Why to Be your Own Boss of your own Lucrative Home Based Business?For home based entrepreneurs, there are many benefits to operating your own business operated from home. A lot of people enjoy the flexibility that comes from “working for themselves.” If you don’t want to work at certain times, you don’t have to work. You make your own hours or hire someone else to do the work. However, it is important to understand, that chances are, you are going to put a lot of time into running an at home business so that you are actually earning an income from home.Most people who earn significant income from home actually work more hours than those people who are out working a 9-to-5 job, especially during the early days of the business. However, you will have flexibility. The other thing is that you are able to make your own decisions. There is no hierarchy that you have to follow; there is no boss over your head that you have to report to. It is you that you answer to. That is always a great feeling, but the greatest feeling comes from knowing your business can be labeled a true lucrative home based business that earns you huge sums of money each month. That money gives you financial and time freedom.Earning an income from home is a great idea, and there are many different great at home business ideas that you can consider. Find one that fits you, personally and financially, so you can comfortably put it into play. See how much home income you can make, you may be blown away at how successful it is for you.

Home Based Business Success Secrets

Running a successful home based business can be challenging because as entrepreneurs we are constantly pushing the boundaries and breaking barriers.But there are at least three key challenges that you will encounter as a home based business entrepreneur and in this article you will discover the best home based business success secrets that can fit.The option of building a successful business out of your home can make “work” seem far less disheartening, matching convenience and controlled comfort with much less overhead.Plus the added bonus is that the income potential is much higher as a business owner and you will not be trading time for a wage but instead creating leverage in your life and home based business. You can drive your kids to school in the morning and wake up at the time you want. And if you are thinking that running a home based business is too solitary, be sure to realize that home based business does not mean homebound.In fact, you will find that many home based business companies do very well without any kind of retail office space, because they don’t depend on traffic off the street, but rather spreading their message out into the world for new customers to enjoy. So let’s dive in to what it takes to thrive with a home based business even during the recession while everyone else is crying in their soup.Here are the three most daunting challenges and how to overcome them:1- Lack of Focus: This is by far the biggest problem I see among novice home based business owners. See as entrepreneurs we naturally have a sort of “Shiny Object Syndrome” where we get easily distracted by time-sucking projects that often do not contribute to the bottom line. It’s imperative that you focus primarily on high-value activities that contribute to the businesses bottom line. One way to maintain higher control over this is by using a timer to work, and do pre-determined activities in 33 minute blocks. Then take 5-10 minutes break and resume with another 33 minute block of focused work. This strategy demands focus on high value activities and allows for time to rest and regenerate.2- Mindset Shift: Many times as entrepreneurs we suffer from the shiny object syndrome referenced earlier and this can cause both a victim and consumer mindset. Both of these mindsets erode your ability to run a successful home based business because they are destructive. As a successful entrepreneur you will adopt a mindset of make it happen or else and focus your efforts on activities that add to the bottom line. Adopt a mindset of a marketer and business owner as if you had invested $100,000 into your home based business, rather than buying each and every offer that pops up in your inbox.3- The Right Formula: The last challenge in this article is having the right formula to success. Now, understanding the numbers of your business is very important because in order to reach your income projections you have to understand how many leads and sales it will take you each month and each week. Understanding the numbers is crucial in determining how to adjust over the course of the weeks and months of the year. Also, my advice in finding the right formula is to be selling something that can make big commissions so that it requires far less sales to hit your targets. This Top Tier model has allowed me to effectively double my existing online business just by adding one model.Now, I hope you will do what is necessary to create a successful home based business because I guarantee that it’s worth it in the long run.

Accessing Real Estate Internet Marketing Practices of the Top 50 Real Estate Companies

In December 2008 a detailed analysis of the Top 50 Real Estate Companies’ Websites, recognized by Real Trends Report “The 500 Largest Brokers in the U.S. (Ranked by Closed Transactions sides for 2007).” Real Trends is a leading source of analysis and information on the residential brokerage industry.

The main objective of the analysis was to highlight the SEO practices of major Real Estate Companies as well as emphasize with real examples, the importance for all Real Estate Companies to place SEO at the top of their marketing agenda.

What is SEO?

SEO (SEARCH ENGINE OPTIMIZATION) is the process of making a website and its content highly relevant for both search engines and searchers. SEO includes technical tasks that make it easier for search engines to find and index a website for the appropriate keywords. Web SEO helps a website gain top positioning for relevant words and phrases. If a website is not found on page 1 or 2 of a search engine, then that website will not enjoy website traffic, online exposure, and online profitability.

After viewing countless websites every month, ranging from small sites to large multi-page web-sites, while doing a variety of SEO research to try to identify what’s working and what’s not cutting it for Real Estate websites, there were a few issues that come up frequently. These Optimization factors were divided into 7 SEO CATEGORIES.

Note: The categories that are discussed in this report only touch the surface of what is required to gain top Search engine placement. Like Real Estate, the SEO world is constantly changing and it takes a true professional to keep up with new SEO trends, tools and practices..

Measurements

This study evaluates the websites of the Top 50 Real Estate Companies as recognized by a re-port published by Real Trends entitled “The Largest 500 Brokers in the U.S. – Ranked by Closed Transactions Sides for 2007″

The following factors were considered:

Traffic Ranking
Number of Search Terms a website ranked for
Google Page Rank
Number of Pages indexed by Google
Meta Descriptions
Page Titles
Website Validation Errors
Real Estate Landscape

Real estate is about building relationships. Nowadays, these relations start online. The need to embrace the Internet is evident in most industries, but for Brokers and agents, optimization and the Internet is paramount and a core factor for success. Having an online, visible and prominent website voice and an online platform to showcase your listings and make your services known to sellers is crucial.

According to the 2007 National Association of REALTORS® Profile of Home Buyers and Sellers, 84% of all homebuyers used the Internet as an information source.An astounding 84% of ALL buyers identified the Internet as a source in their home search. This percentage amount included 87% of first-time buyers, 82% of repeat buyers, 79% of new home buyers and 85% of buyers of previously owned homes.

With a plethora of Real Estate Websites to choose from, can home buyers and sellers easily find your site?

In today’s challenging market and economic downturn, every dollar spent needs to have relevance. Advertising and marketing costs are on the rise and what used to work no longer does. Media today has become fragmented and gone are the days when companies launched a campaign on TV and reached masses of consumers. Traditional media vehicles such as newspapers, magazines and TV, simply do not make the phone ring like they used to. This is because consumers today are bombarded with thousands of marketing messages every day and they have almost become immune to traditional media. People use the internet as their resource.

Studies indicate that the Internet has become the go-to source for home buyers and sellers. The Internet provides a 24/7 source of information and buyers and sellers can browse and look for WHAT they need, WHEN they need it, without having to be distracted by hordes of other irrelevant marketing messages.This means that you need to position your Company and Agents’ website for top rankings in the search engines.

Top Real Estate companies have relied on name recognition, but with a host of major companies to choose from, clearly only a few would get “top-of-mind” awareness. Subsequently, even the most established companies need to optimize their websites to constantly maintain their market position.In a world dominated by the Internet, what matters most is not having concrete processes for your marketing and sales funnels but a SEO Real Estate optimized website that potential clients will find in the first place.

Real Estate Companies are overwhelmingly neglecting SEO, and thus missing out on a massive opportunity to boost their profits and thrive in today’s market and economic situation.

Legal Protection for Foreign Direct Investments (FDIs) in Nigeria

For healthy and continuous in flow of Foreign Direct Investments (FDIs) to Nigeria, the country has over the years put in place friendly legal framework for Foreign Direct Investments (FDIs) protection.

In this Foreign Investors’ Guidelines for Doing Business in Nigeria Series, we shall be examining the legal mechanisms put in place for the purpose of encouraging an increasing FDIs inflow and ensuring foreign investors’ confidence in the country.

We shall be discussing foreign investors’ protections ranging from certainty of arbitral proceedings and other dispute resolution mechanisms in the country.

The fact with modern economic systems is that no country can be an island economically; Foreign Direct Investment (FDI) protection is very essential to the successful attainment of foreign investors’ business objective(s) and economic development of any economy.

There are steps that host countries can lawfully take in the exercise of their sovereignty and power can lead to depriving foreign investors of reaping the fruits of their investments.

Host government actions that can affect foreign investment adversely includes nationalization; the act of a government taking control of a private enterprise and converting it to state or public ownership.

Expropriation; the act of a government taking possession of or otherwise meddling with privately held assets or property for the use and benefit of the public, or in the public interest.

The legislative and administrative acts of the government as government action can also have adverse effects on foreign investors’ businesses in Nigeria.

This is the indirect or creeping form of expropriation. The only difference is that, it mode of operation shifted attention from the physical and actual taking-over of an investor’s assets to the legislative and administrative acts of the government.

While not depriving a foreign investor of the ownership of an asset in this type of government control, it is capable of significantly reducing the value of properties and investments of the foreign owner.

Foreign investors don’t like investing in country’s with risk such as arbitrary revocation of a license; permit or a concession after the investor has made the requisite investments.

The advancement and expansion of international business relationships and the importance of foreign direct investment to the economic development of Nigeria has made the country to put in place some foreign business protection laws for the purpose of encouraging foreign investors.

Nigeria has performed greatly in providing protections to potential foreign investors.

Investment Treaties

In spite of the provisions of Section 12 of the Nigerian Constitution, investment treaties entered by the country are binding on, and enforceable against Nigeria upon ratification under the principle of ‘pacta sunt servanda’.

Also, by a literal application of Article 31 of the Vienna Convention on the Law of Treaties which provides that a treaty shall be interpreted in good faith in agreement with the ordinary meaning to be given to the terms of the treaty.

Bilateral Investment Treaties (BITs): Nigeria entered into its first Bilateral Investment Treaty (BIT) with Germany in 1979 which came into force in 1986.

According to finding from my investigation Nigeria has entered into 28 Bilateral Investment Treaties (BITs) between 1986 and November, 2015.

Of the total number, 13 are currently in force, 14 are signed and 1 repealed. The Bilateral Investment Treaties (BITs) currently in force are the ones entered into with Finland, France, Germany, Italy, Netherlands, Romania, Serbia, Spain, South Korea, Sweden, Switzerland, Taiwan, and United Kingdom.

The 14 BITs which have been signed by Nigeria but are yet to enter into operation were signed as far as back as 1996.

In addition to the usual investment protection standards, these BITs provide that a contracting state shall not damage by irrational or unfair means the maintenance, management, disposal of investment in its territory of nationals or companies of the other Contracting Party.

And the same recompense for losses suffered due to a safety event made to a domestic investor shall be allowed to the investor from the other contracting state.

These BITs also provide for the right of subrogation allowing foreign investors to obtain suitable investment insurance and for these investment insurance providers to seek remedy on their behalf from Nigeria.

The BITs that are presently in force have also made satisfactory requirements for the standard investment protection. These include fair and equitable treatment, umbrella clauses, most favoured nation status, national treatment, obligations against arbitrary and discriminatory measures and security.

Multi-lateral Investment Treaties (MITs): Economic Community of West African States (ECOWAS) treaty is one of the famous MITs Nigeria have entered. The ECOWAS treaty was signed on 28th May 1975; it came in into force on the 20th June, 1975.

The treaty currently has 15 signatories who are member states of ECOWAS.

Article 2 of the Treaty gives ‘Community Enterprise’ status to businesses whose equity capital is owned by two or more member states, and citizens or institutions of the Community.

Article 16 of the Treaty provides that Community Enterprise shall be accorded favourable treatment with regards to incentives and advantages, and shall not be nationalised or expropriated by the government of any member state except for valid reasons of public interest, and subject to the payment of prompt and adequate compensation.

Organization of Islamic Conference (OIC) investment treaty is another MIT Nigeria has entered into in relation with providing favourable conditions for foreign investments in the country.

OIC is a treaty with an Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organization of the Islamic Conference, which came into force in September, 1986.

Chapter 2 of the Treaty mandates all member states of the Organization of Islamic Countries to provide adequate security and protection to the invested capital of an investor who is a national of another contracting member state.

The terms of protection specifically include the enjoyment of equal treatment, undertaking not to adopt measures that may directly or indirectly affect the ownership of the investor’s capital or investment and not to expropriate any investment except it is in the public interest and on prompt payment of adequate compensation.

Host states are further obligated to guarantee free repatriation of any capital and returns due to an investor.

Conventions to which Nigeria is a Signatory:

The country is signatory to a number of Conventions which have been entered into for the purposes of protecting foreign direct investment.

The most significant convention in this regard is the Convention for the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

International Centre for the Settlement of Investment Disputes (ICSID) as an arbitral institution under the World Bank Group is a fully integrated, self-contained arbitration institution that provides standard arbitration clauses, arbitration proceedings rules, arrangements for venues, financial arrangements and administrative supporting including the appointment of arbitrators to parties.

Convention for the Settlement of Investment Disputes between States and Nationals of Other States (ICSID) primarily provides for the settlement of investment disputes between investors and sovereign host states.

It has also taken the necessary legislative measures to make the Convention’s resolution effective in Nigeria by enacting it as a domestic legislature in the International Centre for Settlement of Investment Disputes (Enforcement of Awards) Decree No. 49 of 1967.

Another significant investment protection convention Nigeria has entered into is the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

New York Convention was adopted by the United Nations in June, 1958 and it mandates domestic courts in signatory countries to give effect to arbitration agreements, and to also recognise and enforce valid arbitral awards given in other signatory states.

The New York Convention in other words is particularly significant for the enforcement of arbitral awards resulting from non-ICSID investment arbitration proceedings.

In an attempt to bring into conscious awareness the legal guidelines to undertaking business in Nigeria to intended foreign investors, we shall specifically be reviewing domestic legislations and investment treaties which collectively make up the legal framework for foreign investment protection in the country.

The Domestic Legal Framework:

The notable investment legislation in Nigeria is the Nigerian Investment Promotion Commission Act, CAP N117 Laws of the Federation of Nigeria (“NIPC Act”).

The NIPC Act provides the fundamental and suitable legal framework for the protection of foreign investors in the country. Part 5 of the NIPC Act provides that foreigners may invest and participate in any enterprise in Nigeria.

They are assured unrestricted transfer of funds attributable to the investment such as profits, dividends, payments in respect of loan servicing, and the remittance of proceeds obtained from the sale or liquidation of assets or any interest in the venture through an approved dealer in freely convertible currency.

Section 25 of the NIPC Act clearly provides that no enterprise shall be expropriated or nationalised without prompt payment of compensation; the same section also provides a protection clause to an investor to claim “creeping” expropriation by establishing that the acts complained of indirectly results to expropriation or have expropriatory tendency.

Lastly, the NIPC Act provides that disputes between a foreign investor and any government in Nigeria arising from an investment shall be submitted to arbitration within the framework of any investment treaty entered into between the government of Nigeria and any state of which the foreign investor is a national.

It further provides that where there is a disagreement between the Nigerian government and the foreign investor on the mode of dispute settlement, the dispute shall be submitted to ICSID for arbitration.

Foreign investor is thus at liberty in Nigeria to institute arbitration proceedings against a government even after bringing a claim or counterclaim against the government in a court or domestic arbitration.

Another domestic legislation that provides protection to foreign investors is the Foreign Exchange (Monitoring and Miscellaneous Provisions Act) CAP F34.

Section 15 of this Act provides that any person may invest in any business venture with foreign currency or capital imported into Nigeria through an authorized dealer who will issue a Certificate of Capital Importation to the foreign investor.

Sub-section (4) of the same section in addition guarantees unconditional transferability of funds in freely convertible currency of any such monies arising from an investment made in Nigeria with foreign currency, including dividends and profits, payments in respect of loan servicing, and remittances of the proceeds of sale or liquidation of assets.

A similar provision on repatriation is also found in Section 18 of the Nigeria Export Processing Zones Act, CAPN107 (“NEPZA Act”).

Section 18 of the NEPZA Act provides that foreign investors who invest in outlined businesses within an export zone shall be eligible to remit profits and dividends earned in the zone and repatriate foreign capital investment at any time with capital appreciation of the investments.

Other foreign investors’ protection laws are the Arbitration and Conciliation Act. The act gives foreign investors the opportunity to determine the mode of settling disputes that may arise out of their investments without resort to litigation in domestic (Nigeria) courts.

With the anticipation that such settlement will unfailingly and efficiently protect and enforce the rights of foreign investors and their investments provides a framework for domestic arbitration it also makes provisions for international commercial arbitration which is more preferable by foreign investors.

Section 56(2) (d) defines ‘international arbitration’ to include any arbitration that the parties have expressly agreed in the arbitration agreement to treat as international arbitration. The Act provides that every arbitration award is capable of enforcement under the New York Convention.

What It Takes to Succeed in the Legal Career

Legal careers and legal jobs are becoming one of the most dynamic and rewarding career choice; as our legal system has become an integral part of our daily lives. Either minor or major, we need legal expertise and guidance for every right that we possess.

We live in an information age, where people are aware of their fundamental rights and duties, so lawyers and other legal professionals must know how to have success for a client. A meaningful law career that solves client’s needs, leads not only to career satisfaction and a sense of achievement; but, it also can result in a high income earning potential.

More and more bright young aspirants are considering law as their prime career choice to become as successful as the lawyers and professionals they idolize. But not all who begin with high hopes succeed. So, what could be the most important qualities to obtain success in a legal career and the legal profession?

In his book, The Science of Getting Rich, Wallace Wattles notes that those who “thinks in a certain way” will succeed pure and simple. Hence, let’s take a look at the things that successful legal professionals embrace. If you do these things in that same way that the successful legal practitioner does, you will, in fact, succeed. Here, then, are a few ingredients that will lead to success in any legal job:

Communication: A legal professional is bound to have exemplary communication skills. Communication skills cover your written, oral and listening skills. In the legal profession one has to interview suspects, witnesses, clients and all sorts of people in order to extract any and all information associated to their case; not only that but he also needs to analyze that information on various fronts to verify the veracity of the information received. Therefore, working and improving upon your communication and listening skills is essential to your success in a legal career. Any seminars, books or training devoted to increasing your communication abilities will inevitably lead to success.

Empathic and Rational: Being empathic in the legal profession means the capacity to understand and know emotionally what a client has experienced and the ability to put oneself in clients’ shoes. Note I did not say to be sympathetic. Sympathetic means you feel sorry for your client. Empathy involves the quality of appreciating your client’s situation. At the same time a legal professional should have a rational mind and clear thinking, because as my mother used to say “rule your life with reason.”

Out of the Box thinking: Legal professionals must have the ability to find what is hidden and present the best choices for their clients. Typically, clients are in conflict with an adversary. The creative legal professional can break deadlocks through creative solutions that lead to mutually beneficial solutions

Specialized Knowledge: One needs to have expert knowledge in their area to work in any profession, but in this is especially so in the legal profession. The top legal professional must not only master the legal knowledge of the sector he represents but also he must gain the knowledge vital to the industry itself. As they say – “Hundred men with guns cannot steal as much as a lawyer with his words”, so to choose the right words and phrases one must be knowledgeable. For example, if you are a litigator that represents a company in the oil industry, then you must know every detail of the oil industry to prepare a strong and winning argument for the case; similarly for any client a legal professional must have a thorough knowledge of every detail associated to a client’s work.

Confidentiality: Legal ethics demand strict confidentially with your client. If you cannot observe this basic cannon, then you cannot find success in the legal profession. Maintaining confidentiality is the foremost task of a legal professional. Attorneys, paralegals, legal receptionists, all gain confidential information and it must be kept secret. Violating the attorney client privilege is tantamount to losing a client’s faith, which can be fatal in any legal position.

Commitment: There is a saying that “A Lawyer would do anything to win a case.” Commitment is required in any and every legal profession. Fighting a case for a client is like treating a patient; clients in the legal world have just one expectation of ‘success’ and to fulfill it, one must be committed to his work. Most of the famous and highly reputed people in legal careers forget about everything else, sometimes they overlook their personal commitments; it’s just 40% what they work at officially and 60% of the unofficial work that makes the difference. Success in the legal profession requires preparation-a lot of time in research and drawing up all the necessary documents. Perseverance is the key; one must be willing to work without any boundaries to time in a legal job.

Diplomatic: It is said rightly that “He is not a lawyer who can’t take two sides”. There are no friends or foes in legal profession; one must say the right words at the right place and the right time. Being diplomatic makes your overall personality favorable, even for those who disagree as to what you say or believe; also, it makes you a good negotiator, which is a routine task in any legal profession. You should be diplomatic if you are trying to find success in legal careers.

Persuasive: Whether a lawyer, attorney, paralegal or a legal assistant everyone in legal the profession should be persuasive. It requires a great amount of skill and practice to persuade a judge, jury or even client to your position. Every client expects their legal consultant to be aggressive, they do not pay you to sleep and be shy; you must learn to persuade to get success in legal careers.

Patience: You need to be patient in order to be successful in legal profession. If you don’t succeed at first, try again; you will not get your way the first time around. You will need to write letter after letter, draft motion after motion, in order to succeed for your clients. Practicing a legal job requires a lot of waiting. Waiting around courthouses for your case to be called. Waiting around for decisions on appeals to be handed down. It is said rightly that – “If you are a legal professional, either you will learn to wait or you will simply grow old before time.”

Last, but not the least, Love of argument: Legal professionals debate constantly; with courts, with adversaries, with companies and even with their own clients and associates. If you love to advance your position, not just occasionally or at work but day in and day out, and if you are difficult to beat in arguments; then you definitely have what it takes to excel in legal careers.


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