• International Commerce and Information Review
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• v.9 no.4
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• pp.141-158
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• 2007

The purpose of this paper is to examine the validity or effectiveness of the Arbitration Clause such as Model Clause I, and to confirm how other issues such as arbitrable "investment", appointment of arbitrators and law governing the agreement be reflected in the agreement. However, the parties should be sure that the arbitration clause is valid if they have checked whether, for their particular situation, the ICSID Centre has jurisdiction. For the validity of the Arbitration Clause, first the host country and the country which the investor belong to must be "contracting states" to the ICSID Convention. Second, the specific consent to arbitrate must be expressed in writing in the investment contract or in a national investment law or in an investment protection treaty. The issue of "nationality" of an other contracting state is determined by the place of incorporation or the location of the head office. In case the parties have doubts about a valid consent to arbitrate, Art. 41 of the ICSID Convention provides, regarding ICSID jurisdiction, that the tribunal shall be the judge of its own competence. It follows that ICSID Arbitration has an autonomous and exclusive character. As a consequence, domestic courts may not interfere with the question of ICSID's jurisdiction, which is called as "rule of abstention".

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.59
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• pp.81-112
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• 2013

This article intends to examine main features of revision in relation to the duration of cover in the Institute Cargo Clauses 2009 and the results of analysis are as followings. First, the cover, which had been "warehouse to warehouse", has been extended to what may be called "shelf to unloading". Thus the insurance attaches when the goods are first moved within the warehouse or place of storage at the named place for the purpose of immediate loading for the commencement of transit. Secondly, the new termination Clause 8.1.3 requires an election by the assured, or their employees, to use a vehicle or container, for storage other than in the ordinary course of transit. Thirdly, Clause 10.1, which deals with the assured's voluntary change of voyage, was amended to solve the problem that the words "held covered" could be misunderstood by an assured without specialist knowledge of English marine insurance law to be a guarantee of cover, even where cover would not be commercially available. Finally, Clause 10.2 is designed to solve the so-called "phantom ship problem", arising from the harsh decision in The Prestrioka. The new Clause 10.2 provides protection for an innocent assured in the situation of a phantom ship.

• Korea Trade Review
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• v.47 no.5
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• pp.59-74
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• 2022

The exemption clause of recurring shipments refers to the insurer's exemption in Short-term Export Credit Insurance for the additional shipment which was shipped on board while any foregoing shipment was unpaid beyond its due date over 30 days. The recurring shipments are constituted with two factors: the due date of the foregoing shipment and the shipment date of the additional export. The exemption clause of recurring shipments has been eased by extending the grace period for payment up to 60 days from 30 days for the transactions between exporters and importers having the history of payments which were made customarily in delay. This research argues that the current grace period is for the buyers who customarily delay their payments, and that the insurer introduce a grace period for shipment in favor of exporters for the additional shipment which was delayed in on-boarding due to reasons beyond the control of exporters. In consideration of the waiting time and the on-boarding time at ports for container freight, shipments are frequently delayed, which entails those shipments to be indemnified by the exemption clause of recurring shipments. Roll-overs and Blank Sailings also cause the container freight to be delayed in on-boarding. This research is expected to contribute to further development of Short-term Export Credit Insurance in K-SURE.

• Language and Information
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• v.19 no.2
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• pp.109-125
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• 2015

In this study, I attempt to show two points about Korean sluicing. First, the semantic source of the null subject of the copula phrase in Korean sluicing is a null pronoun. This null subject pronoun may refer to either the antecedent indefinite individual or the antecedent event of the preceding clause. Second, depending on the presence/absence of postpositions in the remant wh-phrase, sluicing constructions are classified into two different semantic types: i) an equative clause and ii) a predicational clause.

• Proceedings of the KIEE Conference
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• 1987.07b
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• pp.1097-1099
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• 1987

This paper describes a method which detects the phrase and clause in Korean sentences. By analysing modificatory relation of modifier and modified word in Korean, two rules are defined. (1) The rules of phrase and clause. (2) The rules of separation points. As the result of this method, the conceptual units are easily elicited from the Korean sentence.

• English Language & Literature Teaching
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• v.8 no.1
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• pp.223-239
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• 2002

This paper aims to describe the theme of English clause in terms of systemic grammar. For this I analyze the three subaereas of subject theme and the four subareas of nonsubject theme in the form of features. Each of the seven feature sets of the seven thematic subareas is described in the systemic model. Finally All of the subsystems are described in the framework of the system network in order to show the potential of options of thematic English clause available in a certain situation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.165-187
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• 2005

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitration agreement has become an accepted method of dispute resolution. However, the trend of dispute settlement has changed. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.

• Journal of Arbitration Studies
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• v.23 no.3
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• pp.127-147
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• 2013

Korea is, after China, the Asian country with the largest number of concluded investment treaties. One of the protections that Korean investment treaties frequently afford to foreign investors and their investment is the so-called "umbrella clause," which requires the host state of the investment to observe the commitments that it has undertaken toward the foreign investor or its investment. This is a potentially very powerful protection. Umbrella clauses, however, have proven to be amongst the most controversial provisions in investment treaties, giving rise to diverging interpretations by tribunals and commentators that are still not reconciled today.

• Proceedings of the KSPS conference
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• 2006.05a
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• pp.67-70
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• 2006

Prosody can be used to resolve syntactic ambiguity of a sentence. English relative clause construction with complex NP(the N1, N2, and RC sequence) has syntactic ambiguity and the clause can be interpreted as modyfying N1(high attachment) or N2(low attachment), Speakers and listeners can disambiguate those sentences based on the prosody. In this paper, we investigate the Korean English learners production on the prosodic structure of English relative clause construction. The production experiment shows that the beginner learners use the phrasing frequently and the advanced learners depend on both the phrasing and the accent. One of the characteristic of the Korean English learners' intonation is that the Korean accentual phrase tone pattern LHa is transferred to their production.

• 한국무역상무학회:학술대회논문집
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• 2004.12a
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• pp.149-170
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• 2004

Arbitration is a creature of contract. The parties agree that selective dispute resolution clause provides them with a choice to litigate or arbitrate certain disputes. Under the agreements, the parties had the option in the action. In the event any dispute arises between the parties concerning our representation or payment of our fees and disbursements which cannot be promptly resolved to our mutual satisfaction, you agree that dispute will be submitted to arbitration. Arbitration is a matter of contract and a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit. The selective arbitrations clauses are to be construed as broadly as possible, and arbitration will be compelled unless it may be said with positive assurance that arbitration clause is not susceptible of an interpretation that covers the asserted dispute.