• Title/Summary/Keyword: Urgency Inherent

Search Result 4, Processing Time 0.018 seconds

A Study on the Emergency Arbitrator Provisions in Korea: A Focus on Urgency Inherent and Enforcement (한국 긴급중재인 제도의 긴급성과 집행력에 관하여)

  • Do, Hye-Jeong
    • Journal of Arbitration Studies
    • /
    • v.28 no.2
    • /
    • pp.45-66
    • /
    • 2018
  • Two years ago, an emergency arbitrator procedure in accordance with the international arbitration rule has been finally adopted in Korea?a decade after its introduction. Arbitral institutions provide interim measures in the course of tribunal proceedings to avoid litigation in open court that is often expensive and time-consuming. An emergency arbitrator procedure offers an urgent relief prior to the constitution of an arbitral tribunal, thus enhancing the speed and effectiveness of the arbitration procedure even further. Although most of the arbitral institutions interpret that the emergency arbitration rulings are binding on the parties, enforcing the emergency arbitration provisions have some difficulties in practice, and it is not clear whether or not arbitral interim measures will be enforceable under the newly adopted provisions in Korea. In this study, experiences in other countries are explored in seeking for the possible problems and solutions of enforcing the emergency arbitration rulings. For example, Singapore and Hong Kong insert terms such as "finality," "enforceable in the same manner as an order or direction of the Court," "same effect as an arbitral tribunal or interim measures" in their emergency arbitrator legislation to enhance enforcement. Moreover, "urgency inherent" are considered.

A Design and Implementation of Maritime Data Communication System : Focused on the GMDSS (해상 데이터통신 시스템의 설계 및 구현 : GMDSS를 중심으로)

  • Hwang, Woon-Taek
    • The Journal of the Korea institute of electronic communication sciences
    • /
    • v.6 no.6
    • /
    • pp.815-822
    • /
    • 2011
  • In this paper, a design and implemented of the data communication system on the entails inherent safety with the distress and urgency of maritime data communication services that are required for functional limitations of the existing mounting equipment and services to determine the likelihood MF/HF, VHF, Inmarsat satellite communication has a diversification of the GMDSS ship communication equipment. Proposed role and direction of the GMDSS on the communication media by the communication cost, throughput, communication speed and processing services available, communication range, etc. by conducting a performance analysis and evaluation in the future maritime communications environment.

A Study on the Control System of Maximum Demand Power Using Neural Network and Fuzzy Logic (신경망과 퍼지논리를 이용한 최대수요전력 제어시스템에 관한연구)

  • 조성원
    • Journal of the Korean Institute of Intelligent Systems
    • /
    • v.9 no.4
    • /
    • pp.420-425
    • /
    • 1999
  • The maximum demand controller is an electrical equipment installed at the consumer side of power system for monitoring the electrical energy consumed during every integrating period and preventing the target maximum demand (MD) being exceeded by disconnecting sheddable loads. By avoiding the peak loads and spreading the energy requirement the controller contributes to maximizing the utility factor of the generator systems. It results in not only saving the energy but also reducing the budget for constructing the natural base facilities by keeping thc number of generating plants ~ninimumT. he conventional MD controllers often bring about the large number of control actions during the every inteyating period and/or undesirable loaddisconnecting operations during the beginning stage of the integrating period. These make the users aviod the MD controllers. In this paper. fuzzy control technique is used to get around the disadvantages of the conventional MD control system. The proposed MD controller consists of the predictor module and the fuzzy MD control module. The proposed forecasting method uses the SOFM neural network model, differently from time series analysis, and thus it has inherent advantages of neural network such as parallel processing, generalization and robustness. The MD fuzzy controller determines the sensitivity of control action based on the time closed to the end of the integrating period and the urgency of the load interrupting action along the predicted demand reaching the target. The experimental results show that the proposed method has more accurate forecastinglcontrol performance than the previous methods.

  • PDF

Brief Observation on Arbitration Agreement and Arbitral Award - Focusing on Construction Disputes - (중재합의와 중재판정에 관한 소고 -건설분쟁을 중심으로-)

  • Cho Dae-Yun
    • Journal of Arbitration Studies
    • /
    • v.14 no.1
    • /
    • pp.273-314
    • /
    • 2004
  • There is a belief in the construction industry that the traditional court system may not be an ideal forum to effectively and efficiently resolve construction disputes due to the protracted proceedings and the three tier appeal system resulting in a long delay in the final and conclusive settlement of the dispute, relatively high costs involved, the lack of requisite knowledge and experience in the relevant industry, etc. Hence, they assert that certain alternative dispute resolution ('ADR') methods, such as mediation, conciliation, arbitration or a new system for dispute settlement in the form of any combination thereof should be developed and employed for construction disputes so as to resolve them more promptly and efficiently to the satisfaction of all the disputants concerned. This paper discusses certain merits of such assertions and the need for additional considerations for effective resolution of the construction disputes in light of the complexity of the case, importance of expert witnesses, parties' relationship and non-level playing field of the construction industry and so on. At the same time, however, given the inherent nature of disputes rendering the parties involved in an adversarial position, it would rather be difficult, if not practically impossible, to satisfy all the parties concerned in the dispute. Accordingly, in this study, it is also purported to address the demerits of such assertions by studying the situation from a more balanced perspective, in particular, in relation to the operation of such ADRs. In fact, most of such ADRs as stipulated by special acts, such as the Construction Industry Basic Act of Korea, in the form of mediation or conciliation, have failed to get support from the industry, and as a result, such ADRs are seldom used in practice. Tn contrast, the court system has been greatly improved by implementing a new concentrated review system and establishing several tribunals designed to specialize in the review and resolution of specific types of disputes, including the construction disputes. These improvements of the court system have been warmly received by the industry. Arbitration is another forum for settlement of construction disputes, which has grown and is expected to grow as the most effective ADR with the support from the construction industry. In this regard, the Korean Commercial Arbitration Board ('KCAB') has established a set of internal rules end procedures in operation to efficiently handle construction disputes. Considering the foregoing, this paper addresses the most important elements of the arbitration, i.e., arbitration agreement and arbitral award, primarily focusing on the domestic arbitrations before the KCAB. However, since this parer is prepared for presentation at the construction disputes seminar for the public audience, it is not intended for academic purposes, nor does it delve into any specific acadcmic issues. Likewise, although this paper addresses certain controversial issues by way of introduction, it mainly purports to facilitate the understanding of the general public, including the prospective arbitrators on the KCAB roster without the relevant legal education and background, concerning the importance of the integrity of the arbitration agreement and the arbitral award. In sum, what is purported in this study is simply to note that there are still many outstanding issues with mediation, conciliation and arbitration, as a matter of system, institutional operation or otherwise, for further study and consideration so as to enhance them as effective means for settlement of construction disputes, in replacement of or in conjunction with the court proceeding. For this purpose, it is essential for all the relevant parties, including lawyers, engineers, owners, contractors and social activists aiming to protect consumers' and subcontractors' interests, to conduct joint efforts to study the complicated nature of construction works and to develop effective means for examination and handling of the disputes of a technical nature, including the accumulation of the relevant industrial data. Based on the foregoing, the parties may be in a better position to select the appropriate dispute resolution mechanism, a court proceeding or in its stead, an effective ADR, considering the relevant factors of the subject construction works or the contract structure, such as the bargaining position of the parties, their financial status, confidentiality requirements, technical or commercial complexity of the case at hand, urgency for settlements, etc.

  • PDF