• Title/Summary/Keyword: Arbitration method

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The Main Contents and Developmental Method of Arbitration Industry Promotion Law (중재산업진흥법의 주요내용과 발전적 운용)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.35-60
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    • 2017
  • Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. Parties often seek to resolve disputes through arbitration because of a number of perceived potential advantages over judicial proceedings: Arbitration is generally faster and more inexpensive (cheaper) than litigation in court. The Republic of Korea enacted the "Arbitration Industry Promotion Act" to develop arbitration. This law provides for the establishment and operation of arbitration institutions, training of arbitration experts, and support of arbitration studies and international exchanges. Effective operation of an arbitration institution has an important influence on the development of arbitration. Neutral and good arbitration experts improve the authority of arbitration. The academic study of arbitration theoretically develops the arbitration procedure. In addition, this paper referred to some additional factors that South Korea should have in order to become an attractive place of arbitration. Neutrality and fairness of the court of arbitration are highly important factors in arbitration. Therefore, the arbitration institution should be operated independently and clearly from the government to ensure neutrality and fairness. The parties of arbitration should also be free and able to defend their interests sufficiently in the arbitration proceedings. Lastly, coordination between this law and other laws is necessary.

Extending the Read Range of UHF Mobile RFID Readers: Arbitration Methods Based on Interference Estimation

  • Ahn, Si-Young;Park, Jun-Seok;Seong, Yeong Rak;Oh, Ha-Ryoung
    • Journal of Electrical Engineering and Technology
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    • v.9 no.6
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    • pp.2025-2035
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    • 2014
  • The read range of UHF mobile readers can be extended by a booster for mobile RFID readers (BoMR). But in an environment where multiple BoMRs are installed, the read success rate may be decreased due to signal interference. This paper proposes three arbitration methods based on interference estimation with the purpose of enhancing the read success rate. A central arbitration server manages global information in centralized arbitration method (CAM) without broadcast/multicast communication facility. In fully distributed arbitration method (FDAM), all the arbitration messages are broadcasted from a BoMR to every BoMR, and each BoMR decides with broadcasted global information. Events in FDAM are serialized naturally with broadcasted messages. Cluster Distributed Arbitration Method (CDAM) forms clusters with multicasted BoMRs and a selected BoMR acts as an arbiter in the cluster. Such effects as lengthened read range, improved the read success rates of readers can be obtained by the proposed methods without any hardware modification. In order to evaluate the arbitration methods, the RFID system is modeled by using the DEVS formalism and simulated by using the DEVSim++.

A Comparative Analysis of Costs in Arbitration between Korea and ICC (한국과 ICC 간 중재비용에 관한 비교 분석)

  • Ha, Choong Lyong
    • Journal of Arbitration Studies
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    • v.10 no.1
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    • pp.26-46
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    • 2000
  • International arbitration has been recognized as an effective dispute resolution method. Among the arbitration institutions, the ICC(International Chamber of Commerce) international court of arbitration is one of the most well-known and frequently chosen organizations to which international claimants have resorted, when they were confronted with international disputes. In this paper, costs in the ICC arbitration are compared with those in the KCAB(Korean Commercial Arbitration Board) arbitration. seeking efficient ways to reduce the costs while maximizing the quality of arbitral awards. Three main points about costs in the ICC arbitration and the KCAB arbitration are discussed and analysed, First, the cost structures are analysed and decomposed into manageable units. Second, the cost allocation is discussed to clarify its proportional responsibility among the arbitration parties. Third, how advances in arbitration costs are conducted is examined to explore a well established procedure of arbitration. In conclusion, the KCAB arbitration procedure has been found faster and cheaper than the ICC arbitration procedure in terms of time and costs, respectively. However, it can be cautiously suggested that the quality of arbitral awards made by the KCAB is not necessarily higher than that made by the ICC.

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Performance Analysis of Bandwidth-Awared Bus Arbitration Method (점유율을 고려한 버스 중재방식의 성능 분석)

  • Lee, Kook-Pyo;Koh, Si-Young
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.14 no.9
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    • pp.2078-2082
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    • 2010
  • The general bus system architecture consists of masters, slaves, arbiter, decoder and so on in shared bus. As several masters can't use a bus concurrently, arbiter plays an role in bus arbitration. In compliance with the selection of arbitration method, The efficiency of bus usage can be determined. Fixed Priority, Round-Robin, TDMA, Lottery arbitration are studied in conventional arbitration method. Conventional arbitration method is considered bus priority primarily, actual bus utilization didn't considered. In this paper, we propose arbitration method using bus utilization operating block of each master, we verify the performance compared with the other arbitration methods through throughput performance. From the result of performance verification, we confirm that proposed arbitration method, matched bus utilization set by the user 40%, 20%, 20%, 20%.

A Study on the Delay of Process Owing to Problems in Arbitration Agreement (중재합의 문제로 인한 중재절차 지연에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.43-62
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    • 2016
  • The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

A Study on Differentiation and Improvement in Arbitration Systems in Construction Disputes (건설분쟁 중재제도의 차별화 및 개선방안에 관한 연구)

  • Lee, Sun-Jae
    • Journal of Arbitration Studies
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    • v.29 no.2
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    • pp.239-282
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    • 2019
  • The importance of ADR(Alternative Dispute Resolution), which has the advantage of expertise, speed and neutrality due to the increase of arbitration cases due to domestic and foreign construction disputes, has emerged. Therefore, in order for the nation's arbitration system and the arbitration Organization to jump into the ranks of advanced international mediators, it is necessary to research the characteristics and advantages of these arbitration Organization through a study of prior domestic and foreign research and operation of international arbitration Organization. As a problem, First, education for the efficient promotion of arbitrators (compulsory education, maintenance education, specialized education, seminars, etc.). second, The effectiveness of arbitration in resolving construction disputes (hearing methods, composition of the tribunal, and speed). third, The issue of flexibility and diversity of arbitration solutions (the real problem of methodologies such as mediation and arbitration) needs to be drawn on the Arbitration laws and practical problems, such as laws, rules and guidelines. Therefore, Identify the problems presented in the preceding literature and diagnosis of the defects and problems of the KCAB by drawing features and benefits from the arbitration system operated by the international arbitration Institution. As an improvement, the results of an empirical analysis are derived for "arbitrator" simultaneously through a recognition survey. As a method of improvement, First, as an optimal combination of arbitration hearing and judgment in the settlement of construction disputes,(to improve speed). (1) A plan to improve the composition of the audit department according to the complexity, specificity, and magnification of the arbitration cases - (1)Methods to cope with the increased role of the non-lawyer(Specialist, technical expert). (2)Securing technical mediators for each specialized expert according to the large and special corporation arbitration cases. (2) Improving the method of writing by area of the arbitration guidelines, second, Introduction of the intensive hearing system for psychological efficiency and the institutional improvement plan (1) Problems of optimizing the arbitration decision hearing procedure and resolution of arbitration, and (2) Problems of the management of technical arbitrators of arbitration tribunals. (1)A plan to expand hearing work of technical arbitrator(Review on the introduction of the Assistant System as a member of the arbitration tribunals). (2)Improved use of alternative appraisers by tribunals(cost analysis and utilization of the specialized institution for calculating construction costs), Direct management of technical arbitrators : A Study on the Improvement of the Assessment Reliability of the Appraisal and the Appraisal Period. third, Improvement of expert committee system and new method, (1) Creating a non-executive technical committee : Special technology affairs, etc.(Major, supports pre-qualification of special events and coordinating work between parties). (2) Expanding the standing committee.(Added expert technicians : important, special, large affairs / pre-consultations, pre-coordination and mediation-arbitration). This has been shown to be an improvement. In addition, institutional differentiation to enhance the flexibility and diversity of arbitration. In addition, as an institutional differentiation to enhance the flexibility and diversity of arbitration, First, The options for "Med-Arb", "Arb-Med" and "Arb-Med-Arb" are selected. second, By revising the Agreement Act [Article 28, 2 (Agreement on Dispute Resolution)], which is to be amended by the National Parties, the revision of the arbitration settlement clause under the Act, to expand the method to resolve arbitration. third, 2017.6.28. Measures to strengthen the status role and activities of expert technical arbitrators under enforcement, such as the Act on Promotion of Interestments Industry and the Information of Enforcement Decree. Fourth, a measure to increase the role of expert technical Arbitrators by enacting laws on the promotion of the arbitration industry is needed. Especially, the establishment of the Act on Promotion of Intermediation Industry should be established as an international arbitration agency for the arbitration system. Therefore, it proposes a study of improvement and differentiation measures in the details and a policy, legal and institutional improvement and legislation.

A Study on the Utilization of Arbitration for Promoting Trade in the South American Market (남미시장 교역 활성화를 위한 중재 활용방안에 관한 연구)

  • Ahn, Tae-Kun;Kim, Sung-Ryong
    • Journal of Arbitration Studies
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    • v.26 no.2
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    • pp.91-114
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    • 2016
  • The purpose of this study is to promote trade between Korea and South American countries. Korea's trade with South America has decreased recently. This study analyzed the effects of arbitration on trade between Korea and South America. To this end, we conducted an analysis of the gravity model of trade between Korea and South America. The gravity model is a research method that is widely used to analyze the pattern of international trade. The dependent variables of the gravity model were trade in Korea and South America. The independent variables were GDP, population, and distance between Korea and South America. In addition, dummy variables were the FTA and whether to join the New York Convention or Washington Convention. Joining either Convention indicated the establishment of an international arbitration system. As a result, an arbitration system appeared to be effective in increasing trade. Depending on the results it shows the importance of utilizing the system of arbitration in South America. So this study analyzed the current status of arbitration in South America. To companies doing business in South America it provided the implications for an arbitration system there. Also it proposed a method for increasing trade for the Korean government and institutions.

Performance Improvement of 2nd Arbitration in the Lottery Bus Arbitration Method (로터리 버스중재방식의 2순위 중재 성능개선)

  • Lee, Kookpyo;Koh, Si-Young
    • Journal of the Korea Institute of Information and Communication Engineering
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    • v.17 no.8
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    • pp.1879-1884
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    • 2013
  • The general bus system architecture consists of masters, slaves, arbiter, decoder and so on in shared bus. As several masters can't use a bus concurrently, arbiter plays an role in bus arbitration. In compliance with the selection of arbitration method, The efficiency of bus usage can be determined. Fixed Priority, Round-Robin, TDMA, Lottery arbitration are studied in conventional arbitration method. In this paper, we draw the performance analysis of Fixed Priority, Round Robin, TDMA and Lottery bus arbitration policies due to the data traffic concentration and propose the methods of performance improvement.

Score Arbitration Scheme For Decrease of Bus Latency And System Performance Improvement (버스 레이턴시 감소와 시스템 성능 향상을 위한 스코어 중재 방식)

  • Lee, Kook-Pyo;Yoon, Yung-Sup
    • Journal of the Institute of Electronics Engineers of Korea SD
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    • v.46 no.2
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    • pp.38-44
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    • 2009
  • Bus system consists of several masters, slaves, arbiter and decoder in a bus. Master means the processor that performs data command like CPU, DMA, DSP and slave means the memory that responds the data command like SRAM, SDRAM and register. Furthermore, as multiple masters can't use a bus concurrently, arbiter plays an role in bus arbitration. In compliance with the selection of arbitration method bus system performance can be charged definitely. Fixed priority and round-robin are used in general arbitration method and TDMA and Lottery bus methods are proposed currently as the improved arbitration schemes. In this stuff, we proposed the score arbitration method and composed TLM algorithm. Also we analyze the performance compared with general arbitration methods through simulation. In the future, bus arbitration policy will be developed with the basis of the score arbitration method and improve the performance of bus system.

An Empirical Study on Busan firms' Perception of Usefulness of Arbitration System (중재제도유용성과 부산지역기업들의 인식도에 관한 실증적 연구)

  • Park Bong-Gyu;Shin Koon-Jae
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.27-54
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    • 2005
  • In the era of globalization firms must operate all useable resources into marketing activities to survive on the unlimited competition. However, firms face many kinds of disputes with counterparts because of aggressive marketing activities. There are two ways of solving these disputes : litigation and arbitration. As compared to litigation, arbitration is more popular because of such merits as the enforcement of arbitral award in foreign countries, the single trial system, the settlement by specialists, and the confidential proceedings. This paper examines trade firms' perception on the arbitration system and the effects of the advantages of arbitration and quality of arbitrators on the outcome of arbitration. The results show that the advantages of arbitration and quality of arbitrators influenced positively on the outcome of arbitration, but influenced negatively on the closed-door of arbitration procedures and a fair procedure of arbitrator. Though this paper has several limitations, this paper may contribute to figure out the relationship between arbitration merits and quality of arbitrator and outcomes as a first empirical paper and to suggest future research method and direction.

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