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The Governing Law of Arbitration Agreements Issues in International Commercial Arbitration : A Case Comment on Kabab-Ji Sal (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (국제상사중재에서 중재합의의 준거법 결정기준 - 영국 대법원의 2021년 Kabab-Ji SAL v Kout Food Group 판결을 중심으로 -)

  • Kim, Young-Ju
    • 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.

Arabic Words Extraction and Character Recognition from Picturesque Image Macros with Enhanced VGG-16 based Model Functionality Using Neural Networks

  • Ayed Ahmad Hamdan Al-Radaideh;Mohd Shafry bin Mohd Rahim;Wad Ghaban;Majdi Bsoul;Shahid Kamal;Naveed Abbas
    • KSII Transactions on Internet and Information Systems (TIIS)
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    • v.17 no.7
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    • pp.1807-1822
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    • 2023
  • Innovation and rapid increased functionality in user friendly smartphones has encouraged shutterbugs to have picturesque image macros while in work environment or during travel. Formal signboards are placed with marketing objectives and are enriched with text for attracting people. Extracting and recognition of the text from natural images is an emerging research issue and needs consideration. When compared to conventional optical character recognition (OCR), the complex background, implicit noise, lighting, and orientation of these scenic text photos make this problem more difficult. Arabic language text scene extraction and recognition adds a number of complications and difficulties. The method described in this paper uses a two-phase methodology to extract Arabic text and word boundaries awareness from scenic images with varying text orientations. The first stage uses a convolution autoencoder, and the second uses Arabic Character Segmentation (ACS), which is followed by traditional two-layer neural networks for recognition. This study presents the way that how can an Arabic training and synthetic dataset be created for exemplify the superimposed text in different scene images. For this purpose a dataset of size 10K of cropped images has been created in the detection phase wherein Arabic text was found and 127k Arabic character dataset for the recognition phase. The phase-1 labels were generated from an Arabic corpus of quotes and sentences, which consists of 15kquotes and sentences. This study ensures that Arabic Word Awareness Region Detection (AWARD) approach with high flexibility in identifying complex Arabic text scene images, such as texts that are arbitrarily oriented, curved, or deformed, is used to detect these texts. Our research after experimentations shows that the system has a 91.8% word segmentation accuracy and a 94.2% character recognition accuracy. We believe in the future that the researchers will excel in the field of image processing while treating text images to improve or reduce noise by processing scene images in any language by enhancing the functionality of VGG-16 based model using Neural Networks.

A New 12-Pulse Diode Rectifier System With Low kVA Components For Clean Power Utility Interface

  • ;Prasad N.Enjeti
    • The Transactions of the Korean Institute of Power Electronics
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    • v.4 no.5
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    • pp.423-432
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    • 1999
  • This paper proposes a 12­pulse diode rectifier system with low kVA components suitable for powering switch mode power supplies or ac/dc converter applications. The proposed 12-pulse system employs a polyphase transformer, a zero sequence blocking transformer (ZSBT) in the dc link, and an interphase transformer. Results produce near equal leakage inductance in series with each diode rectifier bridge ensuring equal current sharing and performance improvements, The utility input currents and the voltage across the ZSBT are analyzed the kVA rating of each component in the proposed system is computed. The 5th , 7th , 17th and 19th harmonics are eliminated in the input line currents resulting in clean input power. The dc link voltage magnitude generated by the proposed rectifier system is nearly identical to a conventional to a conventional 6-pulse system. The proposed system is suitable to retrofit applications as well as in new PWM drive systems. Simulation and experimental results from a 208V , 10kVA system are shown.

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An Exploratory Study on the Development of a Practical Execution System for Creativity Management (창조경영 실행체계 개발에 관한 탐색적 연구)

  • Kim, Seon-Min;Oh, Hyung-Sool;Seong, Baek-Seo
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.34 no.1
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    • pp.14-24
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    • 2011
  • Though many researchers have interested in the effects of creativity management on the business performance, few have researched the relationship between management execution systems for creativity management and the performance. This paper tried to identify the relationship between management execution systems for creativity management and the performance by using 181 Korean companies' survey data. In this paper, a creative management execution system is modelled by the six criteria that are widely used in the Malcolmn Baldrige National Quality Award, and the performance is measured by a composite variable called by business capability. Through an analysis of survey data using factor analysis and regression analysis, this paper tried to answer two research questions: Firstly, does creative management execution systems have the characteristics of multi-dimensionality? Secondly, does creative management execution systems have an impact on the firm's performance? It was found that a creative management execution system largely consists of two parts, which are called 'system factor' and 'management support factor', and system factors have a more strong impact on the performance. The contribution of this paper is in suggesting that establishing a systematic creative management execution system is required in order to efficiently manage for creativity.

A Study on the Judicial Supervision of Commercial Arbitration in China and Areas in Need of Improvement (중국상사중재의 사법감독 실태와 개선방안)

  • Oh, Won-Suk;Kim, Tae-Gyeong
    • Journal of Arbitration Studies
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    • v.20 no.2
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    • pp.91-130
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    • 2010
  • This thesis, which mainly focuses on judicial supervision of commercial arbitration in China, will deal with the developing process of arbitration system and analyze the actual condition of judicial supervision in commercial arbitration. And it also focuses on the underlying problems attributed to the excessive judicial intervention and an effort that the related academic world, arbitration industry and legal circles in China start to make in order to improve the system, resolving them. About the time China became a member of the WTO and about the 10th anniversary of the enforcement of Arbitration Law, powerful demands to solve the problems started to exist intensively. Academic field in China integrated these demands into the form of "proposed amendment of arbitration law", which enhanced the independence of arbitration and the autonomy of the involved parties drastically, as it accepted major contents of UNCITRAL Model Law while preserving of original tool of Chinese arbitration system. Separately from the movement in academic field, Supreme People's Court starts to exert itself for the, improvement of arbitration system, by announcing a series of proposed judicial interpretation so that it could collect the public opinion continuously and reflect the gathered opinion in judicial interpretation efficiently. Notwithstanding, there still remains to be ameliorated that the Arbitration Law of the PRC won't be able to overcome original limit when valuating judicial intervention on arbitration in some ways.

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Comparison Analysis of BIM Level in the Domestic and Overseas BIM Projects - Focused on BIM Journals and Award Winning Projects - (국내·외 BIM 적용 프로젝트의 BIM 적용수준 비교분석 - BIM 저널 및 Awards 수상작 사례를 중심으로 -)

  • Koh, Sung-Hoon;Ham, Nam-Hyuk;Lee, Joo-Sung;Yoon, Su-Won;Kim, Jae-Jun
    • Journal of KIBIM
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    • v.7 no.2
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    • pp.25-35
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    • 2017
  • Building information modeling (BIM) can improve to communicate with project participants by early construction involvement (ECI) from the beginning of the project. Therefore, they can minimize design changes and improve design quality and construction. However, because there is insufficient research on the scope and application level of BIM according to project delivery system and project characteristics, construction companies have efficiently not been using the BIM. Therefore, this study intends to conduct basic research as a basis for confirming appropriate BIM application and level according to project delivery system and project characteristics. To do this, we investigated the project delivery system and project characteristics of domestic and foreign projects that have successfully applied BIM, and compare and analyze them based on BIM application and BIM level framework derived from theory reviews and experts. Therefore, this study can be used as a basis for strategically establishing the scope and level of BIM according to project delivery system and project characteristics through the result of this study.

An Empirical Study on Busan firms' Perception of Usefulness of Arbitration System (중재제도유용성과 부산지역기업들의 인식도에 관한 실증적 연구)

  • Park Bong-Gyu;Shin Koon-Jae
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.27-54
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    • 2005
  • In the era of globalization firms must operate all useable resources into marketing activities to survive on the unlimited competition. However, firms face many kinds of disputes with counterparts because of aggressive marketing activities. There are two ways of solving these disputes : litigation and arbitration. As compared to litigation, arbitration is more popular because of such merits as the enforcement of arbitral award in foreign countries, the single trial system, the settlement by specialists, and the confidential proceedings. This paper examines trade firms' perception on the arbitration system and the effects of the advantages of arbitration and quality of arbitrators on the outcome of arbitration. The results show that the advantages of arbitration and quality of arbitrators influenced positively on the outcome of arbitration, but influenced negatively on the closed-door of arbitration procedures and a fair procedure of arbitrator. Though this paper has several limitations, this paper may contribute to figure out the relationship between arbitration merits and quality of arbitrator and outcomes as a first empirical paper and to suggest future research method and direction.

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The Ways to Develop the Arbitration Industry in Korea (한국 중재산업 발전 방안)

  • Yoon, Jin-Ki
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.3-42
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    • 2018
  • This paper aims to explore ways to develop the arbitration industry in Korea. The prospects for the promotion of the arbitration industry in Korea are never dim. International arbitration competitiveness is somewhat lower than its competitors at present, but the international economic base to support it is solid, and the domestic arbitration environment seems to be sufficient to support the development possibility of arbitration. Since geographical and economic factors have already been defined, Korea must at least improve the arbitration act with passion and vision for the best one. The arbitration act that is the most accessible to arbitration consumers is the best arbitration act. The important thing is to have an arbitration act that makes people want to use more than litigation or other dispute resolution procedures. There is no hope of remaining as a "second mover" in the field of arbitration law. One should have a will and ambition to become a "first mover" even if it is risky. Considering the situation of the current arbitration law, it is necessary to start an arbitration appeal system in order to become a consumer-friendly arbitration law, and it is necessary to examine ways of integrating the grant of execution clause and enforcement application procedures. The abolition of the condition of Article 35 of the Arbitration Act, which rules the validity of the arbitration award, will help promote international arbitration. Exclusion agreements of setting aside against arbitration awards must also be fully recognized. It is also important to publish a widely cited international arbitration journal. In order to respond to the fourth industrial revolution era, it is necessary to support the establishment of a dispute resolution system that utilizes IT technology. In order to actively engage the arbitrators in the market, it is necessary to abolish the regulations that exist in the Attorneys-at-Law Act. There is also a need to allocate more budget to educate arbitration consumers and to establish arbitration training centers to strengthen domestic arbitration education. It is also necessary to evaluate and verify the Arbitration Promotion Act so that it can achieve results. In the international arbitration market, competition is fierce and competitors are already taking the initiative, so in order not to miss the timing, Korea needs to activate international arbitration first. In order to activate international arbitration, the arbitration body needs to be managed with the same mobility and strategy as the agency in the marketplace. In Korea, unlike in Singapore and Hong Kong, it is necessary to recognize that the size of the domestic arbitration market is very likely to increase sharply due to the economic size of the country and the large market potential it can bring from litigation. In order to promote the arbitration industry, what is most important is to make arbitration activities in accordance with the principles of the market and to establish an institutional basis to enable competition. It is urgently required to change the perception of the relevant government departments and arbitration officials.

The Finality of Arbitral Awards: The U.S. Practices

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.3-19
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    • 2020
  • With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

Causal Relationship among Baldrige Health Care Criteria in Korean University Hospitals (말콤볼드리지 의료서비스 평가 모형의 인과관계 분석 : 국내 대학 병원을 중심으로)

  • Lee, Sang-Chul;Suh, Yung-Ho;Han, Sang-Suk
    • Journal of Korean Society for Quality Management
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    • v.35 no.4
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    • pp.1-15
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    • 2007
  • The purpose of this study is to evaluate the causal relationship among the MBNQA health care criteria in Korean University Hospitals. The survey instrument consists of 109 questions based on the seven MBNQA health care criteria: '1.Leadership', '2.Strategic Planning', '3.Focus on Patients Other Customers. Markets', '4.Measurement Analysis Knowledge Management', '5.Human Resource Focus', '6.Process Management', and '7.Results'. Structural Equation Modeling(SEM) is used to analyze the path coefficients among the seven categories. The results indicate that fourteen hypotheses are statistically significant, among eighteen hypotheses. Conclusively, this study found that Leadership drives systems that create Results through Foundation and Direction.