• Journal of KIBIM
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• v.11 no.1
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• pp.1-10
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• 2021

Blockchain is a secure technology that enables transactions between parties without risking data corruption. Besides cryptocurrencies, blockchain technology is being widely adopted in various forms by diverse industries. One promising application is construction contracts. Given that construction projects are executed under strict contractual requirements, blockchain technology-based contracts can ensure that contractual requirements are executed among parties to the contract. The objective of this study is to apply blockchain technology to smart construction contracts and determine their potential feasibility in construction management. In this study, a prototype smart construction contract is presented and its applicability is explored. We conclude that smart construction contracts can be effective as a contractual tool to enhance payment flows in the construction process.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.19-36
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• 2017

This paper reviews and analyzes the U.S. cases and statutes on the writing requirements of arbitration agreement. In order to discuss the legal aspects of writing requirement on arbitration agreement in the U.S., it is necessary to delve into both the contractual aspects of arbitration agreement and statutory specifications of the writing requirements of arbitration agreement. Statute of frauds and parole evidence rule were reviewed and employed to find legal implications on the writing requirement of arbitration agreement. Relevant cases were analyzed to verify how the courts have been responded to the conflicts regarding the validity of the arbitration contract with respect to writing requirement. International treaties absorbed into the U.S legal system were also reviewed and commented to analyze their implications on the writing requirement of arbitration agreement, including the UNCITRAL Model Arbitration Law and the New York Convention.

• International conference on construction engineering and project management
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• 2022.06a
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• pp.304-311
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• 2022

Construction inspection is a crucial stage that ensures that all contractual requirements of a construction project are verified. The construction inspection capabilities among state highway agencies have been greatly affected due to budget reduction. As a result, efficient inspection practices such as risk-based inspection are required to optimize the use of limited resources without compromising inspection quality. Automated prioritization of textual requirements according to their criticality would be extremely helpful since contractual requirements are typically presented in an unstructured natural language in voluminous text documents. The current study introduces a novel model for predicting the risk level of requirements using machine learning (ML) algorithms. The ML algorithms tested in this study included naïve Bayes, support vector machines, logistic regression, and random forest. The training data includes sequences of requirement texts which were labeled with risk levels (such as very low, low, medium, high, very high) using the fuzzy logic systems. The fuzzy model treats the three risk factors (severity, probability, detectability) as fuzzy input variables, and implements the fuzzy inference rules to determine the labels of requirements. The performance of the model was examined on labeled dataset created by fuzzy inference rules and three different membership functions. The developed requirement risk prediction model yielded a precision, recall, and f-score of 78.18%, 77.75%, and 75.82%, respectively. The proposed model is expected to provide construction inspectors with a means for the automated prioritization of voluminous requirements by their importance, thus help to maximize the effectiveness of inspection activities under resource constraints.

• IE interfaces
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• v.7 no.2
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• pp.25-30
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• 1994

ISO 9000 is a series of several standards(ISO 8402, 9000, 9001, 9002, 9003, 9004,...). ISO 9000 is a standard explaining fundamental concepts, defining important terms, and providing guidance for selecting among the other standards. ISO 9001, the most comprehensive standard to ensure quality in design, development, production, installation, and servicing. ISO 9002 is used to assure conformance to specification, installation and servicing. ISO 9003 has the least requirement among three standards and applies to inspection and final testing. ISO 9004 is a standard developed for internal use only and not applicabe to contractual arrangements. In this paper, quality system requirements for ISO 9000 series are also specified.

• Journal of Arbitration Studies
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• v.9 no.1
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• pp.115-137
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• 1999

The UNCITRAL, during its thirty-two session in 1999 discussed certain issues and problems identified in interactional commercial arbitration practice. The issues discussed include certain aspects if conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; arbitability ; soverign immunity ; consolidation of more than one case into one arbitral proceedings ; confidentiality of information in arbitral proceedings ; rasing claims in arbitral proceedings for the purpose of set-off ; decisions by "turncated" arbitral tribunals liability of arbitrators ; power by the arbitral tribunal to award interest ; costs of arbitral proceedings ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the state of origin. Among those issues discussed, most of States agreed that the issues relating to certain aspects of conciliation proceedings ; the legislative requirement of a written form for the arbitration agreement ; enforceability of interim measures of protection ; and discretion to enforce an award that has been set aside in the State of origin should have priority over other issues. The UNCITRAL may wish to consider the desirability of preparing uniform provisions on any of those issues, possibly indicating whether further work should be towards a legislative text (such as a model legislative provision or a treaty) or a non-legislative text (such as a model contractual rule).

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.221-243
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• 2007

A party to a contract is bound to perform its contractual duties. But outside events may make performance impossible, physically or legally. In such a situation a party may wish to plead "force majeure" as an excuse for failure to perform. The laws of most countries have provisions which dealt with force majeure. These provisions, however, vary from country to country and may not meet the parties' requirement in international contracts. Therefore, parties to international contracts are frequently in need of contract clauses on force majeure. There are many force majeure clauses in standard forms or individually negotiated. The ICC has drawn up provisions which aim at providing assistance for parties when they are making contracts. The force majeure clause grants relief from contractual sanctions and includes provisions for suspension and termination of contract. The purpose of this study is to examine "ICC Force Majeure Clause 2003" in the international sales contract. For this purpose, firstly this study deals with the major contents of the ICC Force Majeure Clause 1985 and 2003. Secondly this study considers the related provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. Thirdly this study compares ICC Force Majeure Clause 2003 with the relative provisions under CISG, PICC, PECL and the force majeure clause in Model International Sale Contract. It should be noted that the parties often need to adapt the content of this clause so as to take account of the particular circumstances of the individual contract. This paper contributes to help the parties to a contract to draft the meaningful "Force Majeure Clause" containing more precise and elaborate provisions.

• Proceedings of the Korean Society for Agricultural Machinery Conference
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• 1993.10a
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• pp.538-545
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• 1993

Individual farming involving small land parcel (0.5 to 1.0ha) is declining because it is uneconomic and unable to incorporate modern technological innovation to improve its production efficiency. A centrally managed medium scale mechanised rice share farming was implemented at Permatang Pauh, Sebeerang Perai, Malaysia in 1988-1991 for eight seasons on a contiguous 57 ha rice land rented from 100 owners. Ten participants were chosen to participate in this project which perpetuated from revolving fund of MR 165.000. The objective of the project was to overcome problem of production efficiency and to provide a stable income to farmers operating on a medium and full time basis. Mechanisation was given prime emphasis to optime and reduce labour requirement and meeting the targeted crop scheduling. Direct seeding and mechanical transplanting methods of crop establishment were adopted. Land preparations, crop establishment and crop care were done using machineries purchased by the group. Selected participants were trained to operate machineries which composed 2 and 4 wheel tractors, mechanical transplanters, motorised seeders and sprayers. Harvesting and transportation of rice to the mills were done on contractual basis using combine harvesters and bulk handling via 3-4 ton lorries respectively. The net clean yield (less 10-20 percent deduction at rice mills) obtained in such project has contributed to stabilise the production and income of participating farmers.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.14
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• pp.103-152
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• 2000

English contract law has traditionally taken the view that it is not the duty of the parties to a contract to give information voluntarily to each other. In English law, one of the principal distinctions between insurance contract law and general contract law is the existence of the doctrine of utmost good faith in insurance law. The doctrine gives rise to a variety of duties, some of which apply before formation of the contract while others apply post-formation. This article is, therefore, designed to analyse the overall structure and problems of the doctrine of utmost good faith in English marine insurance law. The results of analysis are as following : First, the requirement of utmost good faith in marine insurance law arises from the fact that many of the relevant circumstances are within the exclusive knowledge of the assured and it is impossible for the insurer to obtain the facts to make a appropriate calculation of the risk that he is asked to assume without this information. Secondly, the duty of utmost good faith provided in MIA 1906, s. 17 has the nature as a bilateral or reciprocal, overriding and absolute duty. Thirdly, the Court of Appeal in Skandia held that breach of the pre-formation duty of utmost good faith did not sound in damages since the duty did not arise out of an implied contractual term and the breach did not constitute a tort. Instead, the Court of Appeal held that the duty was an extra-contractual duty imposed by law in the form of a contingent condition precedent to the enforceability of the contract. Fourthly, the scope of the duty of utmost good faith is closely related to the test of materiality and the assured is required to disclose only material circumstances subject to MIA 1906, s. 18(1) and 20(1). The test of materiality, which had caused a great deal of debate in English courts over 30 years, was finally settled by the House of Lords in Pan Atlantic and the House of Lords rejected the 'decisive influence' test and the 'increased risk' test, and the decision of the House of Lords is thought to accept the 'mere influence' test in subsequent case by the Court of Appeal. Fifthly, the insurer is, in order to avoid contract, required to provide proof that he is induced to enter into the contract by reason of the non-disclosure or misrepresentation of the assured. Sixthly, the duty of utmost good faith is, in principle, terminated before contract is concluded, but it is undoubtful that the provision under MIA 1906, s. 17 is wide enough to include the post-formation duty. The post-formation duty is, however, based upon the terms of marine insurance contract, and the duty lies entirely outside s. 17. Finally, MIA 1906, s. 17 provides expressly for the remedy of avoidance of the contract for breach of the duty. This means rescission or retrospective avoidance of the entire contract, and the remedy is based upon a fairly crude 'all-or-nothing' approach. What is needed in English marine insurance law is to introduce a more sophiscated or proportionate remedy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.3-29
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• 2009

The PECL have been drawn up by an independent body of experts from each member state of the european union under a project supported by the european commission and many other organizations. Salient features of the general provisions of the PECL, freedom of contract and pecta sunk servanda, good faith and fair dealing, most of the PECL are non-mandatory. The CISG uses the term fundamental breach in various setting. The concept of fundamental breach is a milestone in its remedial provisions. Its most important role is that it constitutes the usual precondition for the contract to be avoided(Art. 49., Art. 51., Art. 64., Art. 72., Art. 73). In addition, where the goods do not conform with the contract, a fundamental breach can give rise to a requirement to deliver substitute goods. Furthermore, a fundamental breach of contract by the seller leaves the buyer with all of his remedies intact, despite the risk having passed to him(Art. 70). Basically, PECL, PICC generally follows CISG, it was similar to all the regulation's platform though the terms and content sometimes differ. For example regarding to the non-performance and remedies, in the case of non-performance, that is the PECL/PICC term analogous to breach of contract as used in the CISG. Furthermore the PECL/PICC used fundamental non-performance refered to in PECL Art. 8:103 ; PICC Art. 7.1.1. correspond generally to the concept of fundamental breach referred to in CISG Art. 25. The main significance of the fundamental non-performance, in any systems, is to empower the aggrieved party to terminate the contract. The need for uniformity and harmony in international commercial contracts can be expected to lead to growth of international commerce subject to the CISG, PICC, and PECL. It is hoped that the present editorial remarks will provide guidance to improve understanding between the contractual party of different countries in this respect and following key-words.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.31-55
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• 2009

This study attempts to provide a comparative overview of the liability systems Korean law and the PELS adopt, that is, the approaches taken by Korean law and the PELS to deal with various irregularities of contractual performance. In addition, it examines in a comparative way the questions of what is the position of the seller's liability for his delivery of defective goods under the chosen liability system and what is the legal nature of the seller's liability. The study finds that the dual liability system taken by Korean law has caused some complexities as to the matter of which liability is applicable in some borderline cases. The problem in such complexities is originated in that the remedies available and the limitation period applicable are differentiated in accordance with one's different categorization among three types of default under the general liability and defective performance under the seller's guarantee liability. In this light, the study argues that the unified liability system under the PELS is superior because its concept of non-performance embraces in a unitary manner all the aspects of default including defects in quality, quantity and title. In addition, it finds that Korean law has suffered endless debates on the question of what are the true contents of the same remedies of rescission and damages provided under the seller's guarantee liability as under the general liability. The debates have been come along on the basis of the traditional presumption among some of civil law jurisdictions that two liabilities be different in terms of not only their legal nature but also their contents of remedies. The study argues that the problem may be circumvented, first, by another way of thinking that the unified liability in Korean law is inferred from the specification of the identical remedies for both the general liability and the seller's guarantee liability under the KCC, second, by the preposition that the requirement of fault be depended upon what remedy the buyer seeks to claim rather than what liability he does to rely on.