• Journal of Digital Convergence
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• v.12 no.12
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• pp.529-535
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• 2014

This study is to establish the consistency of Subject-Verb agreement in quantifier phrase. Absence of consistency in English grammar is critical to the grammaticality. We focused on the grammar part, specifically, S-V agreement rule in quantifier phrase. We believe the existence of exceptional rules in quantifier S-V structure is not necessary as the basic grammar rule on S-V agreement is sufficient enough and adding exceptional rules just make it more difficult and confusing. We argue specific features indwelt in each quantifier are linked when quantifiers are used pronominally and the ${\pm}$feature plays an important role in quantifier S-V agreement structure. This study shows the solution to eliminate the ungrammaticality in typical English text books by simplifying quantifier S-V agreement to make it solid and systematic.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.25-42
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• 2021

Arbitration is an alternative dispute resolution mechanism based on the parties' agreement to resolve any disputes parties may have by arbitration rather than litigation in court. Parties' consent to arbitrate, which must be manifest in the parties' arbitration clause or agreement, is the foundation for arbitration; thus, the language of an arbitration agreement is often of utmost importance in determining the intent of the parties regarding many aspects of arbitration proceedings, such as, the scope of arbitral proceedings, arbitral seat, and authority of arbitral tribunals, among others. Recently, the U.S. Supreme Court held in Lamps Plus, Inc. v. Varela (2019) that ambiguity in arbitration agreement as to availability of class arbitration should be resolved in favor of individual arbitration, and therefore, class arbitration would be precluded. Such holding was met with criticism by four separate dissenting opinions, in which the dissenting Justices have disagreed with the majority's interpretation of the arbitration agreement at issue, as well as, its rejection of application of state law in resolving contractual ambiguity. This article analyzes the Supreme Court's decision and reviews the Court's approach in construction of the arbitration agreement. Nevertheless, because the Supreme Court declined to provide clear guidelines as to precisely what contractual basis is required to permit class arbitration, either silence or ambiguity in arbitration agreements will be resolved by disallowing class arbitration.

• Journal of Arbitration Studies
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• v.32 no.2
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• pp.3-30
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• 2022

On 27 October the Supreme Court of UK handed down its much anticipated decision in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48. The issues for the Supreme Court to decide were as follows: (1) which law governed the validity of the arbitration agreement; (2) if English law applied, whether, as a matter of English law, there was any real prospect that a court might find that KFG became a party to the arbitration agreement, and (3) whether, procedurally, the Court of Appeal was correct in giving summary judgment refusing recognition and enforcement the award, or whether there should have been a full rehearing of whether there was a valid and binding arbitration agreement for the purposes of the New York Convention and the AA 1996 (the 'procedural' issue) The decision in Kabab-Ji provides further reassuring clarity on how the governing law of the arbitration agreement is to be determined under English law where the governing law is not expressly stated in the arbitration agreement itself. The Supreme Court's reasoning is consistent with its earlier decision on the same issue, albeit in the context of enforcement pursuant to the New York Convention, rather than considering the arbitration agreement before an award is rendered. This paper presents some implications of Kabab-Ji case. Also, it seeks to provide a meaningful discussion and theories on the arbitration system in Korea.

• Wind and Structures
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• v.19 no.6
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• pp.585-601
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• 2014

The effect of multiple roughness changes close to a building site was examined through three dimensional computational fluid dynamics (CFD) simulations conducted in a virtual boundary layer wind tunnel (V-BLWT). The results obtained were compared with existing wind speed models, namely ESDU-82026 and Wang and Stathopoulos (WS) model. The latter was verified by wind tunnel tests of sixty nine cases of multiple roughness patches, and also with a simplified 2D numerical model. This work extends that numerical study to three dimensions and also models roughness elements explicitly. The current numerical study shows better agreement with the WS model, that has shown better agreements with BLWT tests, than the ESDU model. This is in contrast to previous results of Wang and Stathopoulos, who concluded that CFD shows better agreement with the ESDU model. Many cases were simulated in a V-BLWT that has same dimensions as BLWT used in the original experiment and also in a reduced symmetrical version (S-BLWT) that takes advantage of regular arrangement of roughness blocks. The S-BLWT gives results almost identical to V-BLWT simulations, while achieving significant reduction on computational time and resources.

• Journal of Arbitration Studies
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• v.31 no.4
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• pp.3-27
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• 2021

Recent Discussions on Third-Party Funding (TPF) in the forums of UNCITRAL, ICSID, and ICC are making different levels of progress towards finalizing the rules. However, they also have similarities in dealing with legal issues related to TPF, such as definitions, disclosure, allocation of costs, and security for costs. International treaty tribunals have dealt with TPF issues, too. When it comes to the standing of funded claimants, the tribunal in Ambiente v. Argentina did not accept the argument that claimants were controlled by the TPF provider. Concerning the scope of the disclosure, the tribunal in Tennant v. Canada ordered the disclosure of the TPF arrangement. As for the allocation of costs, the tribunal in Kardassopoulos v. Georgia noted that there is no reason why a TPF agreement should be treated differently than an insurance contract. Regarding the security for costs, the tribunal in South American Silver v. Bolivia considered the mere existence of a third-party funder as not an exclusive factor to determine costs in the earlier stage of the proceedings. Lastly, relating to TPF as a ground for annulment, the tribunal in Teinver v. Argentina declined the respondent's argument that the TPF agreement was the vehicle of fraud.

• Journal of Arbitration Studies
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• v.19 no.3
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• pp.3-24
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• 2009

This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection. The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration. At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.

• Proceedings of the Korean Society for Technology of Plasticity Conference
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• 1997.03a
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• pp.175-178
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• 1997

A modified Mukerjee's model considering the microstructural evolution was developed to study the superplastic bulge forming process of Ti-6Al-4V alloy. Through the microstructual observation after deformation, it was found that the grain growth rate of uniaxially tested specimens was different from that of biaxially deformed specimens. From this result, bulge forming experiments with and without back pressure were performed to examine the grain growth behavior and to compare the results of biaxial test with those of triaxial test. Good agreement between the prediction by a modified Mukerjee's model and the experimental measurements was obtained for bulge profile and thickness distribution.

• Korean Journal of Air-Conditioning and Refrigeration Engineering
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• v.13 no.12
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• pp.1266-1274
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• 2001

Heat transfer phenomena during melting process of the phase change material (ice) was studied by numerical analysis and experiments. In a horizontal ice storage tube, the natural convection caused an increase in melting rate. However, the reduction of the heating surface area caused a decrease in melting rate. Therefore, during the melting process of ice in a horizontal cylinder, the reduction of the heating surface area should be considered. Under the same heating wall and initial water temperature condition, the melting rate became higher for $V_s/V_tot/=0.545 \;than \;that\; for\; V_s/V_tot$/=1.00 due to the difference in the reduction of heating surface area. A modified melting model considering the equivalent thermal conductivity of liquid phase and volume reduction was proposed. The results of the model were compared with the measured values and found to be in good agreement.

• Elastomers and Composites
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• v.7 no.1
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• pp.53-58
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• 1972

Sublimatographic study on the method of test for sulfur in the petroleum and rubber products was as following results: (1) The relation between the heating temperature$(t_h)$ and the vacuum condensing point(V.C.P.) of sulfur at different degree of vacuum appeared as Fig.4. The results were in good agreement with those expected from the $t_h-V.C.P$ curves of sublimatographic separation of sulfur. (2) The relation between the degree of vacuum and the V.C.P. at different heating temperature of sulfur appeared as follows; $$tv.c.p.=\alpha+{\beta}logP_{va}$$ (3) The V.C.P of sulfur could be physical property comparing with melting point and boiling point. (4) The relation between the V.C.P. and the quantity of sublimation of sulfur becomes quantitative as Fig.7.

• Korean Journal of English Language and Linguistics
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• v.4 no.2
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• pp.117-149
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• 2004

The paper is to argue against the asymmetric CP-V2 analysis of Old English, according to which finite verbs invariably undergo movement into a clause-final T within subordinate clauses and reach the functional head C within main clauses. The asymmetric CP-V2 analysis, first of all, faces difficulty in explaining a wide range of post-verbal elements within subordinate clauses. To resolve the problem, the analysis has to abandon the obligatoriness of V-to-T movement or introduce various types of extraposition whose status is dubious as a legitimate syntactic operation. Obligatory V-to-T movement in Old English lacks conceptual justification as well. Crosslinguistic evidence reveals that morphological richness in verbal inflection cannot entail overt verb movement. Moreover, the operation is always string-vacuous under the asymmetric CP- V2 analysis and has no effect at the interfaces, in violation of the principle of economy. The distribution of Old English finite verbs in main clauses also undermines the asymmetric CP-V2 analysis. Conceptually speaking, a proper syntactic trigger cannot be confirmed to motivate obligatory verb movement to C. The operation not only gets little support from nominative Case marking, the distribution of expletives, or complementizer agreement but also requires the unconvincing stipulation that expletives as well as sentence-initial subjects result from string-vacuous topicalization. Finally, textual evidence testifies that Old English sometimes permits non-V2 ordering patterns, many of which remain unexplained under the asymmetric CP-V2 analysis.