• Title/Summary/Keyword: Writing Requirement

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The Revision Trend of UNCITRAL Model Law on International Commercial Arbitration (국제상사중재에 관한 UNCITRAL 모델법의 개정동향)

  • Lee, Kang-Bin
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.53-89
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    • 2006
  • At its thirty-second session(Vienna, 17 May-4 June 1999), the UNCITRAL decided that the priority items for the Working Group(Arbitration and Conciliation) should include enforceability of interim measures and the requirement of written (on for the arbitration agreement. The Working Group, at its forty-third session(Vienna, 3-7 October 2005), it had undertaken a detailed review of the text of the revised article 17 of UNCTTRAL Model Law on International Commercial Arbitration, and it had resumed discussions on a draft model legislative provision revising article 7, paragraph (2) of UNCITRAL Model Law. The purpose of this paper is to make research on the contents and issues of the draft legislative provisions on interim measures and preliminary orders, and on the form of arbitration agreement which the Working Group discussed and adopted at its forth-fourth session(New York, 23-27 January 2006). The draft legislative provisions on interim measures and preliminary orders are composed of the following provisions : Article 17-power of arbitral tribunal to order interim measures; article 17 bis-conditions for granting interim measures; article 17 ter-applications for preliminary orders and conditions for granting preliminary orders; article 17 quater-specific regime for preliminary orders; article 17 quinquies- modification, suspension, termination; article 17 sexies-provision of security; article 17 septies-disclosure; article 17 octies-costs and damages; article 17 novies recognition and enforcements; article 17 decies-grounds for refusing recognition or enforcement; article 17 undecies-court-ordered interim measures. There are the following issues in the draft legislative provisions on interim measures and preliminary orders : form of issuance of an interim measures in article 17(2); conditions for granting interim measures in article 17 bis; purpose, function and legal regime of preliminary orders in article 17 ter; obligation of arbitral tribunal to give notice, and non-enforceability of preliminary orders in article 17 quater; burden of proof, interplay between article 17 decies and article 34, and decision on the recognition and enforcement of the interim measures in article 17 decies; placement of article 17 undecies; amendment of scope exception of application in article 1(2). The draft legislative provisions on the form of arbitration agreement are composed of the following provisions : article 7(1) definition of arbitration agreement; article 7(2) arbitration agreement in writing; article 7(3) arbitration agreement if its terms(content) are (is) recorded in any form; article 7(4) arbitration agreement by an electronic communication; article 7(5) arbitration agreement in an exchange of statements of claim and defence; article 7(6) reference to any document containing an arbitration clause. There are the following issues in the draft legislative provisions on the form of arbitration agreement : arbitration agreement in writing in article 7(2); terms or contents of arbitration agreement in article 7(3); arbitration agreement by electronic communication in article 7(4); existence of arbitration agreement in article 7(5); reference to any document containing an arbitration clause in article 7(6); the alternative proposal on article 7; amendment to article 35(2).

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An Interpretation of the Formation of Arbitration Clause for the International Sale of Goods (국제물품매매에서 중재조항 성립의 해석에 관한 고찰)

  • Han, Na-Hee;Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.27 no.4
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    • pp.91-113
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    • 2017
  • UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

Automation Technique of Testing User Interface of Web Application (웹 어플리케이션의 사용자 인터페이스 테스트 자동화 기법)

  • Kwon, Young-Ho;Choi, Eun-Man
    • The KIPS Transactions:PartD
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    • v.10D no.2
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    • pp.293-300
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    • 2003
  • As Internet has grown rapidly and been more complex by technology in connection with Web and requirement of business, qualify and reliability of Web application are getting important. It is necessary to study about testing method along with design technique specially in Web application. This paper explains automation method of user interface test to make test cases about user input form with HTML pages using by built-in browser objects. Examples shows the possibility of testing automation with Javascript objects get mapped. Overhead of writing Javascript can be reduced by making script generator. Generated test scripts are repeatedly used in regression testing Web-based application.

A Study on Resolution Methods of Overseas Direct Purchase Dispute by ODR (ODR을 통한 해외직구 분쟁해결방안)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.25 no.1
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    • pp.3-23
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    • 2015
  • As the Internet rapidly emerges as a speedy and cost-effective way of purchasing goods from overseas websites, the number of disputes arising out of overseas direct purchases also increases. In such situations, a disgruntled consumer might be left without an effective remedy. Providing an alternative approach to redress such grievances might assist in resolving such disputes and in increasing consumer confidence in e-commerce. Online Dispute Resolution (ODR) will allow consumers to solve their disputes without going to court, in a quick, low-cost, and simple way. It also helps to eliminate complex jurisdictional and choice-of-law problems. On the other hand, it has many problems such as having inadequate confidentiality and security, not being able to meet the "writing" requirement for arbitration of disputes, having difficulty in enforcing online arbitration agreements, having difficulties in enforcing online decisions and so on. This article investigates relationship online disputes and ODR and suggests ways that ODR can work best in resolving disputes arising out of overseas direct purchases. To expand the ODR system in online disputes, it is very important for domestic consumers to recognize the concept and usefulness of the Alternative Dispute Resolution (ADR) and ODR systems. The Korean government must also help consumers recognize the ADR mechanisms of dispute resolution by public campaign advertisement of ADR systems. Further education of dispute resolution in higher educational institutions is also required as well as assisting the KCAB with funds and the establishment of ADR Law.

A Recognition Algorithm of Handwritten Numerals based on Structure Features (구조적 특징기반 자유필기체 숫자인식 알고리즘)

  • Song, Jeong-Young
    • The Journal of the Institute of Internet, Broadcasting and Communication
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    • v.18 no.6
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    • pp.151-156
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    • 2018
  • Because of its large differences in writing style, context-independency and high recognition accuracy requirement, free handwritten digital identification is still a very difficult problem. Analyzing the characteristic of handwritten digits, this paper proposes a new handwritten digital identification method based on combining structural features. Given a handwritten digit, a variety of structural features of the digit including end points, bifurcation points, horizontal lines and so on are identified automatically and robustly by a proposed extended structural features identification algorithm and a decision tree based on those structural features are constructed to support automatic recognition of the handwritten digit. Experimental result demonstrates that the proposed method is superior to other general methods in recognition rate and robustness.

Implementation and Verification of System Integration Laboratory for Multiple Unmanned Aerial Vehicle Operation and Control Technology using Manned Rotorcraft (유인회전익기에 의한 다수 무인기 운용통제기술의 통합검증환경 구현 및 검증)

  • Hyoung Jin Kim;Sang Eun Kwon;Young Wo Jo;Bong Gyu Kim;Eun Kyoung Go
    • Journal of Aerospace System Engineering
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    • v.17 no.6
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    • pp.133-143
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    • 2023
  • This paper describes the system integration laboratory's requirement analysis, implementation, and verification for multiple-scenario unmanned aerial vehicle operation and control technology using a manned rotorcraft for Manned-Unmanned Teaming. System integration laboratory consists of manned rotorcraft flight simulation, unmanned aerial vehicle flight and mission equipment simulation, ground control system simulation for unmanned aerial vehicle control and change in the control authority between the ground control system and manned rotorcraft, and operation and control system for mission plan's writing and transmission. Each implemented simulation verified the requirements through software and hardware integration test.

Fast Image Compression and Pixel-wise Switching Technique for Hardware Efficient Implementation of Dynamic Capacitance Compensation (하드웨어 효율적인 동적 커패시턴스 보상 구현을 위한 고속 영상 압축 및 화소별 스위칭 기법)

  • Choi, Joon-Hwan;Song, Won-Suk;Choi, Hyuk
    • Journal of KIISE:Software and Applications
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    • v.36 no.8
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    • pp.616-622
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    • 2009
  • Thanks to Dynamic Capacitance Control (DCC) technique, response time of an LCD display has greatly improved. However, DCC requires hi-speed memory for the real-time writing/reading of an image of a previous frame, which results in increases in hardware overhead and cost. In this paper, we propose Modified Exponential Golomb (MEG) coding, a low-complex high-speed image compression method, which can remarkably reduce memory requirement for DCC. We also propose a pixel-wise DCC switching technique to prevent a compression error from affecting the quality of a final image on LCD. In our experiment, the degradation in visual quality was not noticeable when we cut the DCC memory size of 1080i HD data by 1/3.

A Study on the Revised UNCITRAL Arbitration Rules 2010 - Focus on the Main Revised Provisions - (UNCITRAL 개정 중재규칙에 관한 연구 - 주요 개정내용을 중심으로 -)

  • Yu, Byoung-Yook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.55
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    • pp.33-62
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    • 2012
  • Arbitration is an essential methods of settlement for disputes in international commercial transaction. UNCITRAL Arbitration Rules have been in force after adoption in 1976. Over the 30 years, UNCITRAL Arbitration rules have been modeled for domestic and international arbitration institutes for setting and revision on their arbitration rules. UNCITRAL Committee has published the revised Arbitration Rules which entered into force after 15 August 2010. Therefore new version of arbitration rules are substituted for the previous version of UNCITRAL Arbitration Rules 1976 since its enforcement. The revised arbitration rules of UNCITRAL have been changed in various items for convergence with new trends and modern practices on arbitration including information communication and technology. The revision of arbitration rules focused on resolving problems in practice and codifying best practice to enhance the efficiency of arbitration conducted under the rules. There are considerable in a number of important respects on the removing the restricted in writing requirement for information technology, adapting the multiparties arbitration, joinder arbitration, truncated arbitral tribunal and adjustment in terms and condition and construction simply. Also a number of provisions have been refined, varied and clarified with new articles included. Conclusively the new revised arbitration rules fill a number of gaps which became apparent in the UNCITRAL Arbitration Rules 1976 to bring into line with new modern practices of international arbitration rules in international commercial disputes. This paper focus on the study the problems and inspired points on significant revised provisions and its considerable points in arbitration environment. This paper is approaching to the comparisons of UNCITRAL revised Arbitration Rules 2010 with previous Arbitration Rules 1976 of UNCITRAL and International Arbitration Rules 2011 of KCAB.

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Design and Development of Hybrid Documents Authoring Tool (하이브리드 문서 저작도구의 설계 및 개발)

  • Hong Kwang-Jin;Jung Kee-Chul
    • Journal of Korea Multimedia Society
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    • v.9 no.4
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    • pp.377-387
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    • 2006
  • Digital documents takes place of paper (off-line) documents, because of the advantages of digital (on-line) documents: supply of information using dynamic contents and good to communize. However, users prefer paper documents to digital documents with the advantages of paper documents: inexpensive, handy to carry, and good to read. Therefore, for providing advantages of digital documents to users who prefer paper documents, many laboratories study about methods which augment digital documents to paper documents. In this paper, we propose the Hybrid Documents Authoring Tool (HDAT), which can insert, delete, and modify on-line information to the off-line. The proposed system is a unified authoring tool for reading and writing of on-line information. And we provide the most natural environment to users using computer vision technology without additional devices such as markers or patterns to retrieve documents. As shown by experimental results, we make sure that our proposed system has high usability and good efficiency on various environments through we measure the low-level of system requirement.

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Actual Survey on the Safety Conscious Practice and First Aid Knowledge of Health Department and Non-Health Department Female College Students (Oriented to Gwangju area) (보건계열 여대생과 비보건계열 여대생의안전의식 실천과 응급처치 지식에 대한 실태 조사(광주지역을 중심으로))

  • Lee, Hyo-Cheol;Jang, Yong-Su;Choi, Eun-Yung
    • Journal of the Korean Academy of Clinical Electrophysiology
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    • v.10 no.2
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    • pp.43-49
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    • 2012
  • Purpose : This study is to supply basal data need to development of First-Aid education program for female college students of non-health department that we surveyed safety awareness practice, First-Aid knowledge, educational requirement and necessity of the female college students of health and non-health department. Methods : This date was collected from September 1th in 2012 until October 5th by 5 person selected of which explain to purpose and method of the writing. We distributed the subject questionnaire of total 410 and analyzed questionnaire 385 only. Results : The results of this study are follows. First, the health group was higher than non-health group in conductive score of safety awareness and score of First-Aid knowledge in female students and there was statistically significant difference. Second, There was significant difference in Economical state, Educational state of the Safety awareness Practice score and First-Aid knowledge score about the general characteristic of the female college students of health department. Third, there wasn't significant difference in most of all item of the Safety awareness Practice score and First-Aid knowledge score about the general characteristic of the female college students of non-health department. Conclusion : Finally, We found that the female college students of health department lower than the female college students of non-health department in First-Aid knowledge level and surveyed that they felt the needs of First-Aid education. Therefore, there are able to need the opening of a course in order to raise the quality of safety awareness and First-Aid knowledge or to needs construction of educational system in continuously.