• Title/Summary/Keyword: arbitration delay

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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
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    • v.14 no.1
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    • pp.273-314
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    • 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.

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Study on the dynamic bandwidth allocation over Ethernet Passive Optical Network (이더넷 수동형 광가입자망에서의 동적 대역폭 할당에 관한 연구)

  • Joo, Jung-Min;Byun, Hee-Jung;Nam, Gi-Wook;Lim, Jong-Tae
    • Proceedings of the KIEE Conference
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    • 2004.11c
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    • pp.663-665
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    • 2004
  • Ethernet-based passive optical network(EPON) technology is being considered as a promising solution for next-generation broadband access network. It must have the property of high efficiency, low cost, and support quality of service(QoS). A major feature for this new architecture is the use of a shared transmission media between all connected optical network unit(ONU). Hence, medium access control(MAC) arbitration mechanisms are essential for the successful implementation of EPON. In this paper we propose a simple dynamic bandwidth allocation(DBA) algorithm that improves the performance of network and supports IP-based multimedia applications with the bursty data traffic. In addition, we introduce analytic models of proposed algorithms and prove the system based on our algorithm to be asymptotically stable. Simulation results show the new DBA algorithm provides high bandwidth efficiency and low queueing delay of ONU in EPON.

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Design of High-speed Pointer Switching Fabric (초고속 포인터 스위칭 패브릭의 설계)

  • Ryu, Kyoung-Sook;Choe, Byeong-Seog
    • Journal of Internet Computing and Services
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    • v.8 no.5
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    • pp.161-170
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    • 2007
  • The proposed switch which has separated data plane and switching plane can make parallel processing for packet data storing, memory address pointer switching and simultaneously can be capable of switching the variable length for IP packets. The proposed architecture does not require the complicated arbitration algorithms in VOQ, also is designed for QoS of generic output queue switch as well as input queue. At the result of simulations, the proposed architecture has less average packet delay than the one of the memory-sharing based architecture and guarantees keeping a certain average packet delay in increasing switch size.

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The medium access control protocol of virtual token bus network for real time communication (실시간 통신을 위한 가상토큰버스 통신망의 매체접근제어 프로토콜)

  • 정연괘
    • Journal of the Korean Institute of Telematics and Electronics A
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    • v.33A no.7
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    • pp.76-91
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    • 1996
  • In this paper, we proposed the new medium access control protocol for the virtual token bus netowrk. The network is applied to inter-processor communication network of large capacity digital switching system and digital mobile system with distributed control architecture. in the virtual token bus netowrk, the existing medium access control protocols hav ea switchove rtime overhead when traffic load is light or asymmetric according ot arbitration address of node that has message to send. The proposed protocol optimized average message delay using cyclic bus access chain to exclude switchover time of node that do not have message to send. Therefore it enhanced bus tuilization and average message delay that degrades the performance of real time communication netowrks. It showed that the proposed protocol is more enhacned than virtual token medium access control protocol and virtual token medium access control protocol iwth reservation through performance analysis.

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An Ameliorated Design Method of ML-AHB BusMatrix

  • Hwang, Soo-Yun;Jhang, Kyoung-Sun;Park, Hyeong-Jun;Bae, Young-Hwan;Cho, Han-Jin
    • ETRI Journal
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    • v.28 no.3
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    • pp.397-400
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    • 2006
  • The multi-layer advanced high-performance bus (ML-AHB) BusMatrix proposed by ARM is an excellent architecture for applying embedded systems with low power. However, there is one clock cycle delay for each master in the ML-AHB BusMatrix of the advanced microcontroller bus architecture (AMBA) design kit (ADK) whenever a master starts new transactions or changes the slave layers. In this letter, we propose an improved design method to remove the one clock cycle delay in the ML-AHB BusMatrix of an ADK. We also remarkably reduce the total area and power consumption of the ML-AHB BusMatrix of an ADK with the elimination of the heavy input stages.

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A Study on CIETAC Case about Acceptance with Different Terms - Focus on CISG - (변경을 가한 승낙에 관한 CIETAC 사례 연구 - CISG를 중심으로 -)

  • Kang, Ho-Kyung
    • Journal of Arbitration Studies
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    • v.24 no.4
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    • pp.127-145
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    • 2014
  • The wording of Article 18 shows that a statement made by or other conduct of the offeree indicating assent to an offer is an acceptance. Meanwhile, Article 19 states that this reply with different terms is a rejection of the offer and constitutes a counteroffer. For example, additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to the other, or the settlement of disputes are considered to alter the terms of the offer materially. However, this reply with different terms which do not materially alter the terms of the offer constitutes an acceptance unless the offer or, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. As a result, the acceptance depends on whether different terms are material or not. CIETEC holds that the deletion of contract violation liability clause is not equal to an alteration to the extent of one party's liability to the other as stipulated in Article 19(3) of the CISG. In addition, CIETAC recognizes that one party had orally accepted the modifications made to the sales confirmation, with even China declaring against an oral contract. Lastly, CIETAC holds that the sales confirmation has been established when both parties signed on the sales confirmation instead of the acceptance being effective. Korean companies should, thus, note these issues when they solve disputes at CIETAC.

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NAWM Bus Architecture of High Performance for SoC (SoC를 위한 고성능 NAWM 버스 아키텍처)

  • Lee, Kook-Pyo;Yoon, Yung-Sup
    • Journal of the Institute of Electronics Engineers of Korea SD
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    • v.45 no.9
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    • pp.26-32
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    • 2008
  • The conventional shared bus architecture is capable of processing only one data transaction in same time. In this paper, we propose the NAWM (No Arbitration Wild Master) bus architecture that is capable of processing several data transactions in same time. After designing the master and the slave wrappers of NAWM bus architecture about AMBA system, we confirm that most of IPs of AMBA system can be a lied without modification and the added timing delay can be neglected. from simulation we deduce that more than 50% parallel processing is possible when several masters initiate slaves in NAWM bus architecture.

Suggestion of an Fiber Channel-Embedded IPTV STB for Optical Fiber-based IPTV Networks (광섬유 기반 IPTV 네트워크를 위한 FC 내장형 IPTV STB 제안)

  • Chung, Sung-Wook
    • The Journal of Korea Institute of Information, Electronics, and Communication Technology
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    • v.10 no.3
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    • pp.213-219
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    • 2017
  • Recently, the Internet Protocol Television (IPTV) services have become very common, enabling various Internet-based services as well as watching TV. In the IPTV system, a Set-Top box (STB) plays a key role as a network terminal device that transmits and receives realtime multimedia contents. In addition, the IPTV networks are usually supported by broadband optical fiber-base network such as fiber-to-the-home (FTTH), However, a general IPTV STB is regarded as one of the local area network (LAN)-attached devices while sharing the bandwidth of the LAN (e.g., Ethernet). In order to overcome the limited bandwidth utilization by fully facilitating the broadband bandwidth (e.g., 1 Gbps) of the optical fiber-based network, we propose a new FC (Fiber Channel)-embedded IPTV STB which can be directly attached to the optical fiber network. Then, we verify that the impacts of the proposed FC-embedded IPTV STB by organizing the the FC-AL (Fiber Channel-Arbitration Loop) network equipped with the FC-embedded IPTV We measures the average Start-up Delay, Average Reject Ratio and the Number of Concurrent Users through extensive simulations to investigate the performances of the suggested FC-AL-based IPTV network. Surprisingly, the IPTV network architecture with the proposed FC-embedded IPTV STBs has an excellent average start-up delay of less than 10 msec, an acceptable average reject ratio of less than 3 % as well as a linear increase of the number of concurrent users when extending the architecture. This reveals that the proposed FC embedded STB has a superior impacts on the performance of the entire IPTV network by effectively utilizing the broadband bandwidth of the fiber optic-based network.

A Hybrid Approach to Arbitrate Tag Collisions in RFID systems (RFID 시스템에서 태그 충돌 중재를 위한 하이브리드 기법)

  • Ryu, Ji-Ho;Lee, Ho-Jin;Seok, Yong-Ho;Kwon, Tae-Kyoung;Choi, Yang-Hee
    • Journal of KIISE:Information Networking
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    • v.34 no.6
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    • pp.483-492
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    • 2007
  • In this paper, we propose a new hybrid approach based on query tree protocol to arbitrate tag collisions in RFID systems. The hybrid query tree protocol that combines a tree based query protocol with a slotted backoff mechanism. The proposed protocol decreases the average identification delay by reducing collisions and idle time. To reduce collisions, we use a 4-ary query tree instead of a binary query tree. To reduce idle time, we introduce a slotted backoff mechanism to reduce the number of unnecessary Query commands. Simulation and numerical analysis reveal that the proposed protocol achieves lower identification delay than existing tag collision arbitration protocols.

Application of a CAN-Based Feedback Control System to a High-Speed Train Pressurization System (CAN기반 피드백 시스템의 고속전철 여압시스템 적용)

  • 김홍렬;곽권천;김대원
    • Journal of Institute of Control, Robotics and Systems
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    • v.9 no.11
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    • pp.963-968
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    • 2003
  • A feedback control implementation for a high speed train pressurization system is proposed based on CAN (Controller Area Network). Firstly, system model including network latencies by CAN arbitration mechanisms is proposed, and an analytical compensation method of control parameters based on the system model is proposed for the network latencies. For the practical implementation of the control, global synchronization is adopted for controller to measure network latencies and to utilize them for the compensation of the control parameters. Simulation results are shown with practical tunnel data response. The proposed method is evaluated to be the most effective for the system through the control performances comparing among a controller not considering network latencies, other two off-line compensation methods, and the proposed method.