• Title/Summary/Keyword: Doubts

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A Comparative Study on the Qualifications and Challenge of Arbitrator in Commercial Arbitration (상사중재에서 중재인의 자격 및 기피에 관한 비교연구)

  • Lee, Kang-Bin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.36
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    • pp.111-140
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    • 2007
  • This paper intends to review the qualifications of arbitrator, the disclosure of disqualifications by arbitrator, the challenge grounds of arbitrator, and the challenge procedure of arbitrator under the arbitration laws and rules. There are no provisions for the qualification of arbitrator in the UNCITRAL Model Law on International Commercial Arbitration. Under the UNCITRAL Model Law on person shall be precluded by reason of his nationality from acting as an arbitrators. Under the UNCITRAL Model Law when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties. Under the UNCITRAL Model Law an arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. Under the UNCITRAL Model Law the parties are free to agree on a procedure for challenge an arbitrator. Failing such agreement, a party who intends to challenge an arbitrator shall send a written statement of the reasons for the challenge to the arbitral tribunal within 15 days after becoming aware of the constitution of the arbitral tribunal or any circumstance that give rise to justifiable doubts as to his impartiality or independence. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. In conclusion, an arbitrator has a responsibility not only to the parties but also to the process of arbitration, and must observe high standards of conduct so that the integrity and must observe high standards of conduct so that the integrity and fairness of the process will be preserved.

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A study on the Duty of Arbitrator's Disclosure - Laying stress on the precedent of Korean supreme court - (중재인의 고지의무에 관한 고찰 - 한국 대법원판례를 중심으로 -)

  • Shin, Han-dong
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.3-20
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    • 2011
  • An arbitrator is an impartial person chosen to decide the issue between parties engaged in a dispute. But the arbitrator appointed by a party or arbitration institution shall be impartial or independent and should disclose to the administrator any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. If, at any stage during the arbitration, new circumstances arise that may give rise to such doubts, the arbitrator shall promptly disclose such circumstances to the parties and to the administrator. Upon receipt of such information from an arbitrator or a party, an party must challenge any arbitrator whenever circumstances exist that give rise to justifiable doubts as to arbitrator's impartiality or independence. Under these circumstance, there were two cases declared by the Korean Supreme Court in relation to the cancellation of the arbitration award. One arbitral case was cancelled for the reason of the having been arbitral procedure without disclosure arbitrator's impartiality, and the other case was refused to cancel the ward for the reason of the having been arbitral procedure without challenge an arbitrator. There are not, however, the standard to decide what is definitely the arbitrator's impartiality or independence and the difference on qualification between arbitrator chosen by an party and neutral arbitrator in korean arbitration law and rules. Nevertheless, korean court require arbitrator to be impartial and independent and the arbitration parties to challenge arbitrator' impartiality or independence.

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Offer Calculus to High School Students: The Use of Technologies Can Clear up People's Doubts

  • Wang, Gaoxia;Zhu, Yan
    • Research in Mathematical Education
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    • v.6 no.2
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    • pp.117-122
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    • 2002
  • From the beginning of the 20th century, calculus is gradually offered to high school students in many countries. However, in Chinese high school, the instruction on calculus is nearly an untouched field. Many people don't believe that high school students can study calculus well. They think calculus knowledge in students' brains is likely to become the “half-cooked food”, and this can produce a bad effect on the study of formal calculus at university. The authors consider that the emphasis of calculus in high school should be the intuitive understanding of fundamental calculus concepts, and it is also the basis of the understanding of formal concepts. Traditional mathematics course with chalk can't meet the needs of calculus teaching. The use of technologies can enhance the calculus teaching, especially the informal and visual calculus teaching, help students understand the underlying concepts. The authors describe how the use of technologies can improve the calculus teaching and learning, and point out that the use of technologies can clear up people's doubts.

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A Study on the I-Ching of Lee Ik(李瀷) as a Member of South Faction near Seoul - Centering around "Shiguakao(「蓍卦攷」) (근기남인(近畿南人)으로서의 성호(星湖) 이익(李瀷)의 역학사상(易學思想) - 「시괘고(蓍卦攷)」를 중심으로 -)

  • Seo, Geun Sik
    • The Journal of Korean Philosophical History
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    • no.32
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    • pp.161-183
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    • 2011
  • Lee Ik(李瀷) had put emphasis on the achievements by self-regulated academic learning through doubts, and at the same time that it was all-embracing. His academic attitude had set an example among the members of Seongho school(星湖學派), and his disciples had strived to emulate his style. The greatness of Seongho(星湖)'s study had been revealed by development of Seongho school(星湖學派) right after his death. He had argued that the six strokes of I-Ching should be read having it divided into inward and outward divine signs. He had stated his view clearly that the divine signs ranging from one stroke to six strokes were not connected, same as Shao yong(邵雍)'s method, but, the three strokes of inward divine sign as well as the three strokes of outward divine signs were independent from each other. Seongho(星湖) also had raised many questions about Shifa(筮法), and Bianyao(變爻) and Zhuzi(朱子)'s Shifa(筮法), or Yixueqimeng("易學啓蒙") "Kaobianzhan("考變占")". In view of the Shifa(筮法), Seongho(星湖) had helped Dasan(茶山) to present 'Shiguafa(蓍卦法)' by proposing different divination rule from Zhuzi(朱子)'s Method of Divination by Shiyi("筮儀"). Seongho(星湖) had not professed something significantly different from Zhuzi(朱子) in his I-xue. His study on I-xue had been accomplished under his goal of achievements by self-regulated academic learning through doubts. "Shiguakao("蓍卦攷")" is also same. I-xue of Seongho(星湖) had made a great contribution to form Dasan(茶山)'s I-xue in the later years.

A Study on the Railway Design of Rectification to linear Alignment Based on Regional and Lines Characteristics (지역 및 노선특성을 고려한 철도 직선화 선형 연구)

  • Lee Hee-Chul;Kim Dal-Sun
    • Proceedings of the KSR Conference
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    • 2003.05a
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    • pp.303-308
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    • 2003
  • Without any doubts, the characteristics of regional, lines and lines section have dominating effects on the railway design of rectification to linear alignment. There are basically many types of characteristics: a) geological condition b) operation plan of lines and lines section c) condition of lines facilities level. The conventional deign method were exclusively used to railway design and construction. However, lot the optimum design, the more detail study are required.

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Research on the Strategy for Outsourcing in Construction Projects: in Fast-track Project (건설프로젝트에서 전략적 하도급 방안에 관한연구 : 설계시공병행방식 사례를 중심으로)

  • Choi, Soo-Ho;Choi, Hyun-Chul;Choi, Hye-Mi;Kim, Ju-Hyung
    • Journal of the Korea Institute of Building Construction
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    • v.14 no.6
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    • pp.551-559
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    • 2014
  • Fast-tracking was developed as an optimizing method to shorten the duration of construction project in 1960's, and it introduced to Korea in 1999. Since then, many Korean companies have been used fast-tracking for getting economical benefit from shorten duration. However, there were some problems(dispute, delay and cost overrun) because of using inappropriate subcontractor management system. For this reason, previous studies suggested some management models to solve these problems. Unfortunately, however, the models have been had some doubts about reliability, objectivity and possibility of using them on real construction site. Therefore, this study suggests 3 steps of strategic subcontracting method and apply it on real fast-tracking practice(L company) to secure reliability and objectivity. Through this, the method is expected to make up the doubts of previous studies.

A Topography of Design in Cyber Age (사이버 시대의 디자인 지형)

  • 오창섭
    • Archives of design research
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    • v.12 no.1
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    • pp.39-48
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    • 1999
  • Industrial design, as a traditional meaning, is based on the method of production by machine beginning with the Industrial Revolution. At present, the identity of design is in confusion with the development of computer and related medium technology. The new wave called 'cyber' has doubts about the hypothesis in the method of production by machine as the production method by machine had doubts about the hypothesis of the production method by handicraft long before. This thesis is a study on how computers and new media, such as virtual reality, change our environments and susceptibilities of life and design culture. The thesis is going to dismantle and reorganize the material-oriented classification based on the production method by machine through the discussion on cyberspace and culture, image. and text, virtual image and reality, and so on. Eventually this study finds out a topography and identity of the design in this changing age.

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Multiple Plasma Peaks of Acetaminophen and Ranitidine after Simultaneous Oral Administration to Rats

  • Shim, Chang-Koo;Suh, Mi-Kyung
    • Archives of Pharmacal Research
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    • v.15 no.3
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    • pp.246-250
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    • 1992
  • Acetaminophen (AAP) and ranitidine (RT) were coadministered orally to nine rats, and the possible contribution of the gastric emptying to the plasma concentration profiles of them was examined. The drugs showed multiple plasma peaks similar to the respective ones after separated administration of each durg. IT Implies that there is no significant interaction between AAP and RT in terms of the gastric emptying or drug absorption. There were no significant linear correlations of the peak patterns (peak height and peak time) between AAP andd RT. It is contrary to the expectation from the biphasic gastric emptying (BGE) theory previously suggested for AAP and RT. The BGE theory. Therefore, seemed to have some draw-backs in explaining satisfactorily the multiple plasma peaks of AAP and RT. Two more doubts raised previously against the BGE theory were also discussed.

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Indian Railways: Recent Trends in Control Accidents and Safety Measures for Passengers

  • Kumar, Katta Ashok
    • East Asian Journal of Business Economics (EAJBE)
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    • v.2 no.4
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    • pp.48-55
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    • 2014
  • Indian railways has been regularly in the news albeit for the wrong reasons. The frequency with which train accidents have been taking place has led to serious doubts in the public mind about the safety of rail travel and also the health of the network. Against this background, an attempt is made in this paper to assess the trends in railway accidents for the period from 2000-01 to 2009-10. The paper also highlighted the various measures taken by IR to prevent accidents to ensure safety to the public.

Incidence of Online Public Opinion on Guangzhou Simultaneous Renting and Purchasing Policy - A data mining application

  • Wang, Yancheng;Li, Haixian
    • Asian Journal for Public Opinion Research
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    • v.5 no.4
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    • pp.266-284
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    • 2018
  • This paper adopts the big data research method, and draws 491 data from the Tianya Forum about the Simultaneous Renting and Purchasing policy of Guangzhou. The qualitative analysis software Nvivo11 is used to cluster the main questions about the Simultaneous Renting and Purchasing policy in the forum. The 36 high-frequency word frequencies are obtained through text clustering. Through rooted theory analysis, the main driving factors for summarizing people's doubts are 9 main categories, 3 core categories, and the model of driving factors for online forums is established. The study finds that resource factors are the most key factor, economic factors are the important drivers, and policy guiding factors are sub-important drivers.