• 무역학회지
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• 제42권4호
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• pp.139-157
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• 2017

투자협정상의 MFN 조항을 실체적인 규정 외에 절차적인 규정에까지 적용할 수 있는지에 대한 논의는 보호 범위를 결정하기 때문에 중요한 의의를 가진다. 그러나 투자협정마다 MFN 조항에서 대우의 범위를 조금씩 상이하게 규정하고 있어 이에 대한 해석의 차이가 존재한다. 그러므로 본 연구는 ICSID에서 판정한 중재사례에 초점을 맞추어 국제투자분쟁에서 외국인투자자가 원 투자협정상의 MFN 조항을 통하여 다른 투자협정상에 규정된 분쟁해결절차를 원용할 수 있는지를 분석함으로써 MFN 조항의 적용범위를 획정할 수 있는 기준들을 도출하여 유용한 시사점 및 실무적인 지침을 제시하고자 한다.

• 한국중재학회지:중재연구
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• 제12권2호
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• pp.263-302
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• 2003

Since new Korean arbitration law was modeledafter UNCITRAL Model Law on International Commercial Arbitration Law, the judicial review on the arbitral award is at most limited to fundamental procedural justice. Thus, drafting valid arbitration clause is paramount important to enforce arbitral awards in the new legal environment. A losing party in arbitral process would often claim of the invalidity of arbitration agreement to challenge the arbitral award. Especially, the validity of arbitration clause in the construction contracts is often challenged in Korean courts. This is because the construction contracts usually include selective arbitration agreement in multi-tiered dispute resolution clause that is drafted ambiguous or uncertain. In this paper selective arbitration agreement means a clause in a contract that provides that party may choose arbitration or litigation to resolve disputes arising out of the concerned contract. On the hand multi-tiered dispute resolution clause means a clause in a contract that provides for distinct stages such as negotiation, mediation or arbitration. However, Korean courts are not in the same position on the validity of selective arbitration agreementin multi-tiered dispute resolution clause. Some courts in first instance recognized its validity on the ground that parties still intend to arbitrate in the contract despite the poor drafted arbitration clause. Other courts reject its validity on the ground that parties did not intend to resort to arbitration only with giving up their right to sue at courts to resolve their disputes by choosing selective arbitration agreement. Several cases are recently on pending at the Supreme Courts, which decision is expected to yield the court's position in uniform way. Having reviewed recent Korean courts' decisions on validity and applicability of arbitration agreement, this article suggests that courts are generally in favor of arbitration system It is also found that some courts' decisions narrowly interpreted the concerned stipulations in arbitration law despite they are in favorable position to the arbitration itself. However, most courts in major countries broadly interpret arbitration clause in favor of validity of selective arbitration agreement even if the arbitration clause is poorly drafted but parties are presume to intend to arbitrate. In conclusion it is desirable that selective arbitration agreement should be interpreted favorable to the validity of arbitration agreement. It is time for Korean courts to resolve this issue in the spirit of UNCITRAL model arbitration law which the new Korean arbitration law is based on.

• Journal of Information Processing Systems
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• 제13권5호
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• pp.1149-1157
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• 2017

The satisfiability problem is always a core problem in artificial intelligence (AI). And how to improve the efficiency of algorithms solving the satisfiability problem is widely concerned. Algorithm IER (Improved Extension Rule) is based on extension rule. The number of atoms and the number of clauses affect the efficiency of the algorithm IER. DPLL rules are helpful to reduce these numbers. Then a complete algorithm CIER based on splitting rule and extension rule is proposed in this paper in order to improve the efficiency. At first, the algorithm CIER (Complete Improved Extension Rule) reduces the scale of a clause set with DPLL rules. Then, the clause set is split into a group of small clause sets. In the end, the satisfiability of the clause set is got from these small clause sets'. A strategy MOAMD (maximum occurrences and maximum difference) for the algorithm CIER is given. With this strategy, a better arrangement of atoms could be got. This arrangement could make the number of small clause sets fewer and the scale of these sets smaller. So, the algorithm CIER will be more efficient.

• International Journal of Advanced Culture Technology
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• 제8권4호
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• pp.161-166
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• 2020

The primary aim of this paper is to analyze the resultative adjunct clause, i.e., (thus/thereby/hence) ~ing participle and provide explicit syntactic, semantic and sociolinguistic explanation on the question what causes the cause-focused causal construction with resultative (thus/thereby/hence) ~ing participle in English. What comes first is either cause or effect clause. This study explores the recent style shift of causal constructions from the effect-focused pattern to the cause-focused pattern. In this study, we argue that the increasing number of the cause-focused main clause with a resultative ~ing participle clause shows the process of the style evolution improving speech/wring style in many respects including syntactic simplification, clarification of the sentence meaning with impact on the focused clauses, and improvement of the flow of speech/writing. The style shift found in the English resultative adjunct clauses, i.e., (thus/hence/thereby) ~ing participle constructions prove to be the style evolution from syntactic, semantic and sociolinguistic point of views.

• 무역상무연구
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• 제38권
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• pp.155-180
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• 2008

The purpose of this paper is to examine the major elements of Arbitration Clause in international investment contracts and to help the investor, especially foreign investors, considering these elements when they draft the contracts. First of all, to describe the extent of the arbitrable issues broadly is very important by using the phrase such as "disputes in connection with". Furthermore in order to be enforceable, the issues must be a subject-matter to be submitted to arbitration in accordance with the laws of the place of arbitration and the law application to the merits of the disputes (N.Y. Convention, Art. II). Second, the appointment of the arbitrators usually shall be based on the principle of freedom of contract. If the parties do not agree on the appointment, it is decided in accordance with the arbitration rules of the institution by the tribunal. Third, the procedural rules of the arbitration are the arbitration rules of the arbitration institution in case of institution arbitration, unless otherwise agreed. Forth, what is the most importance element of Arbitration Clause is the place of arbitration. In this case, also the principle of freedom of contract has priority. Unless otherwise agreed, Washington is the place of arbitration in case of ICSID Arbitration, but in case of ICC Arbitration, neutral third country may be the place of arbitration. However in case of ad hoc arbitration, both parties should indicate the place. If not, the whole arbitration may be paralysed by an uncooperative party. Besides the major elements, I examined the relation between the arbitration clause and award enforcement in terms of sovereign immunity. The enforcement of awards in the field of state contracts many encounter the problem of the sovereign immunity, which means that the State itself or the State enterprise is the contract partner. To avoid the this problems, it is advisable for the parties insert the clause such as ICSID Model Clause XIX.

• 인지과학
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• 제4권2호
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• pp.29-51
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• 1994

본 논문의 목적은 영어 관계절의 의미를 분석하여 컴퓨터의 자연언어 처리 및 기계번역에 사용될 수 있는 중간언어(interlanguage)형식으로 의미표시(semantic representation)하려는 것이다.이를 위하여 최근에 미국의 John.F.Sowa를 중심으로 개발되고 있는 개념구조론(Conceptual Structure Theory)에서의 개념도식(conceptual graph)을 이용하였다.우선 개념구조론을 고찰한 후, 영어 관계절을 제한적 의미와 비제한적 의미에 따라 다르게 기술하였는데,제한적 관계절은-표현을 이용하고,비제한 관계절은 동격의 의미와 부사적 의미,그리고 논평적 의미에 따라 다르게 기술하였다.

• 아태비즈니스연구
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• 제10권1호
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• pp.117-133
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• 2019

This paper examines the most-favored-nation treatment clause on the BITs concluded by China and examines the attitudes of China on the application of the most-favored-nation treatment clause to the ISDs by period as the scope of arbitration increases. Moreover, this study pointed out the problems that would be exposed if the most-favored-nation treatment clause applies to ISDs and then also suggested solutions. The conclusions of this study are as follows; if the Chinese government strictly restricts the applicable expansion of the most-favored-nation treatment clause to the dispute settlement procedure by considering only the position of the capital importing country, it implies a contradiction against the development trend of the arbitration system related to international investment disputes. Of course, in order to protect the rights of Chinese investors investing abroad, expanding the applicability of the most-favored-nation treatment clause to the ISDs procedure unconditionally may have a negative impact under China's dual status of being a capital-importing country and a capital-exporting country. Therefore, China should clearly define the scope of application of the most-favored-nation treatment clause, the completion of the local remedy for the host country in cases of BIT to be concluded in the future or amended, and also clearly define that the most-favored-nation treatment clause should not be retroactively applied into BITs already concluded as an exception of applicability of the most-favored-nation treatment.

• 무역상무연구
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• 제50권
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• pp.3-25
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• 2011

The purpose of this paper is to examine the use of LD Clause against the seller's breach of contract in connection with delivering the goods in the international sales contract, and international guarantee system using standby L/C or demand guarantee. For this purpose, the author, first, considered the outline of the buyer's remedies in cases that the seller had not performed his obligations in contract and the difficulties in the buyer's remedies. As alternatives for overcoming the difficulties, this author recommended the LD Clauses (Liquidated Damage Clauses) based on ICC Model International Sales Contract, and explained each Model Clause. To enhance the feasibility of LD Clause, this author suggested the guarantee system, like the standby L/C or demand guarantee. But these guarantee systems have several limitations in practical use. Thus, these guarantee systems would greatly contribute to Korean exportation in the future. The reason is that the Korean export structure would be more complex and the period of sales contract would be longer and longer, which result to in long-terms supply contracts. These changes would require the guarantee much urgently.

• 한국언어정보학회지:언어와정보
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• 제9권2호
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• pp.85-105
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• 2005

This study aims at investigating the 'verb-second' phenomena indicated in complex sentences of medieval Spanish. Especially, when the complex sentence is composed of a preposed adverbial clause and its succeeding main clause, the subject inversion is noticeable in the latter. The fundamental motive of this type of inversion is due to the 'verb-second' structure, in which a topic appears in the first position and the verb immediately after the topic. So it can be said that the subject inversion is a prerequisite for a verb to be located in the second position when the adverbial clause functions as a topic to the main clause, as is often the case with Germanic languages like German, Dutch, etc.. On the contrary, modern Spanish complex sentences do not show this phenomenon, with a strong tendency to locate a grammatical subject in the preverbal position. Therefore, medieval Spanish might be typologically closer to Germanic languages than to modern Spanish. In order to argue for this assumption, the formal and functional criteria by which the preposed adverbial clause could be defined as a topic NP will be examined across the comparition with left-dislocation structure.

• 무역학회지
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• 제42권2호
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• pp.391-410
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• 2017

매수인의 지급불능의 위험에 대응하기 위하여 매도인은 대금이 지급될 때까지 물품에 대한 소유권을 유보할 수 있는 조항을 계약에 명시한다. 그러나 소유권유보 조항은 Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd 사건이후 그 적용 범위가 확대되면서 매도인의 권리에 대하여 논란이 발생하였다. 이 사건에서 법원은 기본적인 소유권유보 조항보다 매도인에게 확대된 권리를 인정하였고, 매도인에게 확대된 권리를 부여한 조항을 'Romalpa' 조항으로 칭하였다. 이 조항에서 매수인의 지급불능시 매도인에게 부여하는 권리는 첫째, 매도인이 인도한 물품으로 매수인이 생산한 새로운 물품에 대하여 매도인이 권리를 주장할 수 있다는 것, 둘째, 매수인이 수취한 전매 대금에 대하여 매도인이 추급할 수 있다는 것이다. 그러나 법원은 이러한 권리가 영국회사법상 등록되어야 하는 담보(a charge)의 성격을 지닌 것으로 등록되지 않는 한 'Romalpa' 조항에서 명시한 매도인의 권리는 인정하지 않고 있다. 결국 SGA상 계약에서 명시한 'Romalpa' 조항에 따른 매도인의 확장된 권리는 보장되지 않고 있다.