• Journal of Construction Engineering and Project Management
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• v.4 no.4
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• pp.47-59
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• 2014

Client organization inadequate project planning before awarding the contract and insufficient monitoring and control system among the parties involved create severe problems. Ultimately, large-scale projects go beyond the expected cost and time control limits. This paper discusses the major issues involved with a large-scale Hydropower Project in Pakistan Public Sector environment. The latest approved Baseline Plan of project was reviewed and analyzed using Variance Analysis and Trend Analysis techniques in Primavera project management software to assess the efforts made of the parties involved. It was found that Project is 202% Cost overrun and 25% time delays from original contract award. After analysis of baseline plan and quantification of various variance issues in impacted activities, the questionnaire survey was conducted to identify the impact of causative factors. There were almost 17 most significant causative factors identified among 60 identified factors and responsibilities are assigned accordingly. At the end recommendations are made for strategic decisions as lessons learned during project evaluation.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• Journal of Arbitration Studies
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• v.23 no.4
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• pp.55-76
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• 2013

This study aims to analyze the main features of Mongolian arbitration system compared with Korean Arbitration Law which was revised under the UNCITRAL Arbitration Model Law. On the basis of this comparative study, certain differences are suggested: First, the environment of Mongolian arbitration is still insufficient in terms of its operation and usage at the international level. Second, the Mongol National Arbitration Court has established Ad-hoc Arbitration Rules and has promoted Ad-hoc Arbitration although it is an institutional arbitration organization. Third, the arbitration objects are defined as the types of tangible and intangible assets in Mongolia which are different from those of the Korean Arbitration Law. Accordingly, court and officer disputes, family disputes, labor-management relations, and criminal matters are covered by the arbitration objects. Fourth, Mongol Arbitration Law specifies the following persons disqualified for arbitrator appointment: the member of the Constitutional Court, judge, procurator, inquiry officer, investigator, court decision enforcement officer, attorney, or notary who has previously rendered legal service to any party of the disputes, and any officials who are prohibited by laws to be engaged in positions above the scope of their duties. Fifth, the arbitrator selection and appointment criteria should be documented, and the arbitrator should have the ability to resolve the disputes independently and fairly and achieve concord from both parties. Sixth, if there is no agreement between the parties, the arbitration language should be Mongolian, and the arbitral tribunal has no power to decide on it. Seventh, despite the agreement for a documentary hearing between the parties, there should be provided opportunities for an oral hearing if either of the parties requires it. Eighth, if the parties do not understand the language of the arbitration, the parties can directly ask the translation service. They should also keep secrets in the process of arbitration. Ninth, the cancellation of arbitral award is allowed by the application of the parties, not by the authority of the court. Except for the nine differences above, the Mongolian arbitration system is similar to that of the Korean Arbitration Law. This paper serves to contribute to the furtherance in trade relationship between Mongolia and Korea after the rapid and efficient resolution of disputes.

• Proceedings of the Korean Institute Of Construction Engineering and Management
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• 2007.11a
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• pp.527-530
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• 2007

The construction market has gradually become complexity, variety and specialization, and then owner's requirements about quality has become various. In order to solve the problem such as stated above, advanced constructions in France, United Kingdom, Japan and United States have introduced warranty contract which is warranted to quality and performance for need of owner in determined term to ensure the quality of construction since 1960s. In addition to, domestic constructions have been meeting with international competition because of the open BOT market from FTA. Finally, this study proposed new warranty delivery system model in PFI on considering domestic status by benchmarking the delivery process and the characteristics of the warranty contract which is applied to PFI of global.

• Journal of the Korea Convergence Society
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• v.9 no.12
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• pp.251-258
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• 2018

The university bachelor's system is based on autonomy, but due to the rigid academic structure, it is not appropriate to respond to changes in social demand. Recently, universities are pursuing diversification of their bachelor's system. With the introduction of various majors (linkage major, convergence major, autonomic major, and self-design major), efforts are being made to nurture convergence talent based on mutual linkages between major and departments. This study introduces the design and operation process of 'Global Creative Convergence Major' which the four universities of Chungcheong region promoted as a union. In particular, it derives the key elements of each step and presents the operating model and implications based on the main features. Convergence major operation model constitutes educational system (talent award, educational goal, competency factor, curriculum) through linkage between specialization areas of universities. The competency elements contain creative competence, convergence competency, problem solving competency, and global competency.

• Journal of Arbitration Studies
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• v.30 no.2
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• pp.121-144
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• 2020

If the interim disposition of the Arbitration Tribunal is not immediately enforceable, it will only give pressure to the other party concerned and the arbitration could work against him if the other party fails to implement it. If enforcement is impossible, the disposition will have no practical effect or practical benefit. In addition, if a system is contrary to its unique characteristics or nature, it will not function as a system or it will become an unnecessary decoration. There is no room for argument that the above provisions are wrong or misinterpreted if the temporary disposition in arbitration cannot be characterized by its characteristics, such as its provisionality, urgency, incidentality, or invasibility. As attracting international arbitration cases can create enormous added value for the national economy, countries are scrambling to create a mediating-friendly legal environment in their countries, and Korea has been more active in arbitration than in the past. Despite various efforts, however, attracting international arbitration cases is still a long way off. Therefore, Korea should create a mediating-friendly, legal environment to attract arbitration cases. There are many reasons why arbitration is activated internationally, but the most important of them is that it is easier to approve and execute. The use of the approval and execution of heavy court is, in turn, the most important requirement of a mediating-friendly environment. It is natural that temporary dispositions made in arbitration should be as easy to approve and enforce as in the case of arbitration. In addition, it is natural for the parties to consider the use of approval and execution when deciding where to mediate or when applying for arbitration; thus, the degree of ease of execution, along with the procedural use of arbitration or provisional disposition, will be a measure of the likelihood of hosting international arbitration cases, as well as the activation of arbitration.

• Journal of Arbitration Studies
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• v.18 no.3
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• pp.23-50
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• 2008

In a global economy where, private parties increasingly favour arbitration over litigation, many foreigners are unfortunately reluctant to arbitration with China's parties because the China national courts do not scrutinize the merits when deciding whether to recognize and enforce foreign awards. As a result, the finality of arbitral awards hangs in uncertainty. Overseas concern is that China's courts may abuse "Public Policy" grounds provided for in the New York Convention to set aside or refuse to enforce foreign awards. The purpose of this article is to examine the distrust to enforcement of arbitral awards whether that is just an assumption. In spite of the modernize and internationalize her international arbitration system and many reforms provided in the related law and rules, the most vexing leftover issues are caused of the lack of "rule of law" in China. This situation imply the risk of pervert 'Public Policy' as the ground for refusing enforcement of arbitral awards. Some cases reflect the fear. But it is unclear whether those cases caused from the lack of "rule of law" in China. Same uncertainty present between Hon Kong-China under th one country-two legal system after the return of Hong Kong to China on 1 July 1997. While China is striving to improve its enforcement mechanism in regard to the enforcement of arbitral awards, it can only be expect following the establishment of rule of law in the future.

• Journal of Arbitration Studies
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• v.14 no.1
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• pp.377-413
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• 2004

North Korea and South Korea agreed to refer their investment disputes to arbitration by adopting' Agreed Minutes on Procedures of Settlement of Commercial Disputes' on 16th December 2000. According to the Agreed Minutes, the two Koreas were to establish an arbitration commission within 6 months after the Agreed Minutes had been signed. In 2002, North Korea enacted laws to draw interest of foreign tourists to Mountain Kumgang and to boost investment into the region of Kaesung as it provided in those laws that commercial disputes should be settled by arbitration or judicial procedures. In October 2003, the two Koreas succeeded in adopting another Agreed Minutes as to the establishment and functioning of North-South Arbitration Commission. The fact that the two Koreas have agreed to establish an arbitration commission is meaningful since they are leading their lives quite differently in political, social, and economic sense for more than a half century. Although there still remain doubts as to the North Korean policy on nuclear matters, an arbitration commission could be a cornerstone for the set-up of the dispute settlement system between the two Koreas and a great help for investors from South Korea to pursue their possible legal claims as North Korea is eager to invite South Korean businessmen and other foreign investors to invest in its special economic areas. According to the Agreed Minutes of 2003, the two Koreas are going to adopt procedural rules for the arbitration commission. It will be a great challenge for them to agree on specific issues as to the operation of the arbitration commission. They have to set up a rester of arbitrators respectively and may have to enact or revise their own arbitration laws and rules reflecting the Agreed Minutes of 2000 and 2003. It is quite welcome that the two Koreas have agreed to set up an arbitration commission rather than resort to political or diplomatic means to settle their disputes. The success of the arbitration system between the two Koreas will make sure the safety of investment environment in the northen part of the Korean Peninsula and will bring the peace to the Korean peninsula earlier than expected.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.41 no.2
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• pp.133-140
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• 2018

In this study, a correlation between execution of quality management activities and their results was verified by applying the Malcolm Baldrige model (hereafter referred to as the MB model) as a quality management performance measurement indicator for small and medium enterprises (SMEs) in South Korea. To achieve this goal, we need to determine whether the categorical requirements in the MB model are recognized consistently in SMEs, as a prerequisite. To this end, factor analysis was conducted for measurement variables in each category, which revealed that the process indicator was made up of six factors and the outcome indicator was made up of five factors, like those configured in the MB model. This result can be interpreted to mean that the requirements in each category of the MB model were well produced and recognized consistently throughout SMEs in South Korea. In addition, the analysis of causality between the process indicator (quality management activities) and the outcome indicator (management results) showed high causality between them. Although the quality management levels of SMEs in South Korea are inferior to those of conglomerates or other national quality award-winning companies, this study is significant in that the causality between quality management activities and results was verified, since this study targeted SMEs in South Korea as the target of investigation. Thus, it is empirically proven that the MB model can contribute to improved management results for SMEs in Korea.

• Journal of Digital Convergence
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• v.8 no.2
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• pp.217-228
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• 2010

There are two streams on e-Learning. The first one is to create new value through aligning products included information systems and service. The second one is to utilize the service system and the service process for service systematization. The service system is made up human, technology, value proposition, service network, and shared information. The service process consists of design, development, operation and evaluation phases. In this paper, we design and implement the evaluation management of e-learning service based on the service science. The evaluation management service is sets of evaluation type management, general review management, award management, evaluation sheet management and evaluation result management. Feature of this paper is that we can service with different criteria to learner, guardian and evaluator. The worthy of this paper is that we construct service oriented environment possible to systematize evaluation work easily and provide evaluation results clearly.